KEY POINTS
- Supreme Court dismisses NPA’s appeal to keep Wadyajena’s vehicles.
- The seized fleet included 25 trucks and a Lamborghini.
- Wadyajena was arrested with Cottco officials in a $5.8 million fraud case.
Zimbabwe’s Supreme Court has dismissed an appeal by the National Prosecuting Authority (NPA) and the Zimbabwe Anti-Corruption Commission (ZACC), reaffirming a High Court decision to release a fleet of vehicles seized from former Gokwe Nembudziya lawmaker and businessman Mayor Wadyajena.
The ruling puts an end to a prolonged legal dispute, with the court directing that Wadyajena’s fleet, consisting of 25 trucks and a Lamborghini, be returned immediately.
The vehicles had been seized during a criminal investigation into fraud and money laundering allegations. However, Wadyajena was later removed from remand, with the High Court determining that the continued seizure of his assets was unlawful.
Court highlights procedural violations
A three-judge Supreme Court panel, including Justices Antonio Guvava, Nicholas Mathonsi, and Alphas Chitakunye, upheld the High Court’s decision on Monday, stating that the authorities had overstepped their legal boundaries.
Wadyajena’s lawyer, Oliver Marwa, commended the ruling, noting that the seizure of the businessman’s property far exceeded the 30-day limit specified by the High Court.
“The Supreme Court affirmed that there was no justification to keep the vehicles beyond the lawful period,” Marwa said. He emphasized that his client had always maintained that the vehicles were legally acquired, and ZACC’s failure to produce any substantial evidence over the past three years further undermined their case.
“Our clients have consistently stated that these properties were theirs and not acquired through illegal means. If there had been any credible evidence, it would have surfaced long ago,” Marwa added.
Background on fraud allegations
Wadyajena’s legal troubles began when he was arrested alongside top executives from the Cotton Company of Zimbabwe (Cottco). The group was charged with fraud and money laundering, accused of misappropriating more than $5.8 million. Authorities alleged that Wadyajena used funds meant for purchasing bale ties to acquire 25 trucks from the U.S.
The NPA sought to use the seized fleet as evidence, arguing that the vehicles were purchased with the proceeds of crime. However, the High Court found that the authorities had unlawfully extended the seizure period and ruled in favor of Wadyajena.
According to New Zimbabwe, the NPA’s attempt to overturn the ruling in the Supreme Court was rejected, with the judges agreeing that the High Court’s original judgment was sound.
The Supreme Court ruling effectively ends the legal battle between Wadyajena and the authorities. Furthermore, his lawyer expressed relief that the case had been resolved, noting that prolonged delays in prosecution had caused significant harm to his client’s businesses.
The case highlights ongoing challenges in Zimbabwe’s legal system, particularly in balancing asset seizures with due process. With the Supreme Court’s decision, ZACC and the NPA have been ordered to comply with the court’s directive and return the seized property to Wadyajena.
