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Harare High Court

Benjamin Chakanetsa Manyonga and Laina Magore v Prosecutor General and Roselyn Dunga and Locadia Chimukosi

HH 333-23

Case Details

Court
Harare High Court
Date
31 May 2023
Citation
HH 333-23
Neutral Citation
[2023] ZWHH 333
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Criminal procedureAsset forfeitureMoney laundering
Keywords
InterdictTainted propertyProceeds of crimeRescissionCriminal proceedings
Tags
Asset forfeitureInterdictMoney launderingProceeds of crime
legislation
Statutes Cited
  • High Court Rules, 2021
  • Money Laundering and Proceeds of Crime Act [Chapter 9:24]
  • Money Laundering and Proceeds of Crime Act [Chapter 9:24]
  • Money Laundering and Proceeds of Crime Act [Chapter 9:24]
  • Money Laundering and Proceeds of Crime Act [Chapter 9:24]
  • Money Laundering and Proceeds of Crime Act [Chapter 9:24]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether s 29(1)(a) of the High Court Rules, 2021 applies to orders granted in criminal proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"The order sought to be rescinded was granted in criminal proceedings under the Money Laundering and Proceeds of Crime Act"}
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background
Facts of the Case

Background

The applicants sought rescission of an interdict granted under case HACC 06/22 in terms of s 40-41 of the Money Laundering and Proceeds of Crime Act. The first respondent raised a preliminary point that the application was not properly before court as s 29(1)(a) of the High Court Rules only applies to civil proceedings, not criminal proceedings.
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