HARARE – High Court judge Tawanda Chitapi has ordered the release of Justice Mayor Wadyajena’s Lamborghini and 22 trucks seized 2022 as proceeds of a US$5 million fraud and money laundering probe against the former Gokwe-Nembudziya legislator and some accomplices who include former bosses of Cottco, government’s cotton agent.
This follows a court challenge filed by the politician and his company, Mayor Logistics who listed as respondents, the Zimbabwe Anti-Corruption Commission (ZACC) and the Prosecutor General demanding the release of the property.
Wadyajena was jointly appearing in court with Cottco bosses Pius Manamike, Maxmore Njanji, Chiedza Danha and Fortunate Molai on fraud, money laundering and concealing a transaction from a principal charges.
His Mayor Logistics and Danha’s Pierpoint Moncroix were also being charged.
Wadyajena argued charges against him and his co-accused were withdrawn before plea by the state, hence there was no justification to continue holding to the property.
He further argued the order for seizure of the property was issued by Harare High Court judge Pisirayi Kwenda August 2022 in respect of a 30-day period stipulated by the law to allow investigations into the alleged crime.
In justifying the holding of the property, ZACC, through its lawyers, argued investigations into crimes related to potential fraud by the accused were still ongoing even after the accused had been removed from remand.
In his ruling, Justice Chitapi said the respondents failed to return to court as per the dictates of the law to seek extension of the property seizure beyond the stipulated 30 day grace period granted by Justice Kwenda.
“The continued seizure of the property based on the s 47(4) cannot apply to investigations other than related to a recognised crime,” ruled Justice Chitapi.
“It is the court’s finding that on the facts and circumstances of this case, the continued seizure of the applicants’ property is unlawful.
“In consequence thereof, the seized property must be released to the applicants. An order to that effect will ensue.”
The judge added in his ruling, “Accordingly the following order is made… The respondents or whoever retains under seizure all or any of the trucks as aforesaid shall release them to the applicants upon service of this order.
“There is no order of costs.”
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