High Court Forfeits Man’s House After Employer Theft
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In a landmark ruling, the High Court of Zimbabwe has granted the Prosecutor-General’s application to forfeit “untainted” property equivalent in value to the funds stolen by Phillip Tendenedzai from his employer.
Phillip Tendenedzai was convicted in February 2023 for stealing US$13,147. Despite his conviction, the stolen funds could not be traced or recovered. The Prosecutor-General sought to forfeit part of Tendenedzai’s lawfully acquired property, specifically his rights and interest in Stand Number 13 800, Caledonia, valued at US$40,000, under Section 78(2) of the Money Laundering and Proceeds of Crime Act.
The court ruled that US$13,147 worth of Tendenedzai’s property could be forfeited, even though the property itself was acquired with legitimate funds. This decision aligns with international best practices and Zimbabwe’s commitment to combating economic crime and money laundering. The ruling reinforces the principle of substitute asset forfeiture to ensure that criminals do not profit from their crimes, even if the proceeds are untraceable. It underscores the importance of holding offenders accountable and compensating victims of economic crimes.
The National Prosecuting Authority of Zimbabwe (NPAZ) warns the public that crime does not pay. Where stolen funds cannot be traced, the law allows for the forfeiture of legally acquired property of equivalent value.
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