Judge orders release of Wadyajena vehicles, says ZACC case is ‘frivolous’

HARARE – High Court judge Justice Tawanda Chitapi has ruled in favour of controversial businessman Justice Mayor Wadyajena, ordering the Zimbabwe Anti-Corruption Commission (ZACC) to return a Lamborghini and over a dozen trucks and tractors seized during a 2022 investigation into alleged money laundering.

Wadyajena and his company, Mayor Logistics Private Limited, had appealed for the return of their property after ZACC refused to relinquish it despite the case being dismissed.

In February 2023, the magistrates’ court declined to further remand Wadyajena and six others, including COTTCO executives, on charges of money laundering and fraud. ZACC, however, continued to hold onto the seized property, claiming a need for further investigation.

Wadyajena successfully obtained a High Court order for the return of his property in May, but ZACC appealed to the Supreme Court. Wadyajena filed an urgent High Court application to execute the judgement pending the Supreme Court’s decision.

Justice Chitapi ruled in Wadyajena’s favour, stating that the continued holding of the trucks was prejudicing the former MP of potential revenue. The judge noted that trucks are meant to be in use, not parked, and that ZACC’s appeal was “frivolous and vexatious.”

The court found that ZACC had failed to justify the continued retention of the trucks and had not been candid about the nature of their investigations.

“The court could not be expected to assist the respondents and build a case to justify continued retention of the applicant’s trucks,” Justice Chitapi stated.

“The appeal is frivolous and vexatious. This is so because the respondents seek to cover up their shortcomings in how they handled the matter after being granted the seizure order.

“They simply sat on their laurels and took no steps to comply with s 47(4) of the Money Laundering and Proceeds of Crime.”

The judge added, “The respondents even in this application have not been candid with the court to state the nature of the investigations under way and the crimes for which they justify the continued retention.

“The respondents in the main application had an easy task. They simply needed to be candid with the court and give details of the other crimes for which the trucks should continue to be held.

“The respondent did not in any event seek an interdict to continue holding the trucks.

“The court can only aid a litigant who has followed the provision of the law.”

Justice Chitapi ordered the release of the trucks, citing the potential for irreparable harm to Wadyajena and the need for finality in litigation.

“The balance of convenience favours the applicants because there is no legal sanction to deprive the applicants of the right to their property.

“The release of the trucks would not stop investigations from continuing to be carried and the applicants’ prosecuted. There has to be finality to litigation. The right to appeal should not be abused,” Justice Chitapi said before ordering the release of the trucks.