THE High Court has lifted a two-year asset freeze on assets belonging to businessman Tobias Zangairai, ruling that the Prosecutor-General failed to act on allegations of unexplained wealth despite obtaining an interim order in 2023.
Justice Benjamin Chikowero said it would be “unjust” to keep the order in place without prosecution or civil forfeiture proceedings.
“The order was never meant to remain in force in perpetuity,” Justice Chikowero ruled.
“The Prosecutor-General has not taken advantage of that order by taking positive action.
“As I write this judgment, no criminal prosecution of the applicant for any serious crime vis-à-vis some or all of those properties has seen the light of day.”
The case dates back to January 27, 2023, when the court, at the request of the Prosecutor-General, granted an unexplained wealth order and an interim freezing order against Zangairai.
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He was required to explain how he acquired 24 immovable and movable assets, including residential stands in Harare, Bulawayo, Beitbridge, Mutare and a fleet of vehicles ranging from a Toyota Hilux to a Nissan Civilian bus.
Zangairai complied, submitting a sworn statement to the Zimbabwe Republic Police’s Asset Forfeiture Unit within the required 30 days.
However, since then, the State took no further steps to prosecute him or apply for civil forfeiture.
In his defence, Zangairai argued that the prolonged freeze violated his constitutional right to use and enjoy his property.
Section 71(2) of the Constitution of Zimbabwe guarantees every citizen the right “to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property”.
The judge criticised the Prosecutor-General’s office for keeping Zangairai’s assets in limbo for more than two and a half years without justification.
“In these circumstances, it was not surprising that counsel for the first respondent was unable to make any meaningful submissions,” Justice Chikowero said.
“It would be unjust not to accede to the application for the setting aside of the interim freezing order.”
The court ruled that Zangairai can now freely access his 24 assets, which include prime land in Marlborough, Salisbury Township, Mahatshula in Bulawayo, Chikanga in Mutare and multiple stands in Beitbridge, along with vehicles such as a Toyota Nadia, Nissan Hardbody, Mazda Capella, and several Toyota Hiace minibuses.
The High Court formally granted Zangairai’s application, struck out a related case (HCHACC 130/24) and ordered that each party bear its legal costs.