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Harare High Court
Prosecutor-General v Frank Chitukutuku & Ors
HH 377-21
Case Details
Court
Harare High Court
Date
21 July 2021
Citation
HH 377-21
Neutral Citation
[2021] ZWHH 377
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Civil forfeitureProceeds of crimeEvidence
Keywords
civil forfeituretainted propertyunexplained wealthhearsay evidencefounding affidavit
Tags
civil forfeituremoney launderingcorruptionunexplained wealth
legislation
Statutes Cited
- High Court Rules, 1971
- Civil Evidence Act
- Money Laundering and Proceeds of Crime Act
- Money Laundering and Proceeds of Crime Act
- Money Laundering and Proceeds of Crime Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the founding affidavit is fatally defective for lack of personal knowledge of the facts","issue_type":"procedural","dispositive":"yes","related_facts":"Uladi's affidavit states facts come from personal observation and ZACC file"}
- {"issue_text":"Whether s 27(1) of the Civil Evidence Act permits admission of first-hand hearsay in these circumstances","issue_type":"procedural","dispositive":"no","related_facts":"Uladi's source of information is the ZACC investigation file"}
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background
Facts of the Case
Background
The Prosecutor-General sought civil forfeiture of property allegedly acquired with proceeds of corruption by the first respondent while CEO of ZINARA. The founding affidavit was deposed to by the Acting National Director of Public Prosecutions based solely on a ZACC investigation file, not on personal observation or knowledge.
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