A two-year asset freeze on properties belonging to businessman Tobias Zangairai has been lifted by the High Court, following criticism of the Prosecutor-General for inaction.
The ruling comes despite an interim order obtained by the Prosecutor-General in 2023, which had been issued over allegations of unexplained wealth.
Justice Benjamin Chikowero ruled that continuing the order indefinitely would be "unjust," as neither criminal prosecution nor civil forfeiture proceedings had been initiated.
"The order was never meant to remain in force in perpetuity," Justice Chikowero said. "The Prosecutor-General has not taken advantage of that order by taking positive action.
No criminal prosecution of the applicant for any serious crime regarding some or all of those properties has seen the light of day, even as I write this judgment."
The case dates back to January 27, 2023, when, at the Prosecutor-General’s request, the court granted an unexplained wealth order and an interim freezing order against Zangairai.
He was required to account for 24 immovable and movable assets, including residential stands in Harare, Bulawayo, Beitbridge, and Mutare, as well as a vehicle fleet ranging from a Toyota Hilux to a Nissan Civilian bus.
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Zangairai complied with the court’s requirement, submitting a sworn statement to the Zimbabwe Republic Police’s Asset Forfeiture Unit within the stipulated 30 days.
However, the state has since taken no further steps, neither to prosecute him nor to apply for civil forfeiture.
In his defense, Zangairai argued that the extended freeze violated his constitutional right to use and enjoy his property. Section 71(2) of Zimbabwe’s Constitution guarantees every citizen the right “to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property.”
Justice Chikowero sharply criticised the Prosecutor-General’s office, noting that Zangairai’s assets had been kept 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," the judge said.
He concluded that it “would be unjust not to accede to the application for the setting aside of the interim freezing order.”
Consequently, the court ruled that Zangairai can now freely deal with his 24 assets.
These include prime land in Marlborough and Salisbury Township, Mahatshula in Bulawayo, Chikanga in Mutare, and multiple stands in Beitbridge, as well as 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 own legal costs.
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