A former Zimbabwe Revenue Authority official, who is on the run, cannot sell or transfer the family house at the exclusive Mabvazuva Estate on the outskirts of Harare, while US$47 500 in school fees deposited into the bank accounts of two private schools has been frozen pending the State application for a civil forfeiture order against all her assets.
Tambudzai Yvonne Musoni allegedly made a fortune facilitating the acquisition of civil servants' rebate letters by others ineligible for exemption under the civil servants' motor vehicle scheme.
In 2019, the Government introduced a motor vehicle rebate scheme in which large groups of civil servants who have served for 10 years and above could import vehicles without paying import duty. Musoni connived with non-civil servants to generate fake rebate letters to enable them to import vehicles into the country without paying duty.
Several people who colluded with Musoni have been arrested and prosecuted. She is yet to face the courts because she is now a fugitive from justice, and the hunt for her is continuing.
Last week, the Prosecutor-General, through Asset Management Unit director Mr Chris Mutangadura, successfully applied for a High Court order to freeze the property belonging to Musoni and her husband, Melusi, plus US$28 625 held in the bank accounts of Watershed College and US$18 940 in those of Lusitania Primary School, money assigned to school fees for their two children.
Justice Benjamin Chikowero granted the application for a property freezing order against the couple.
"The following property is frozen pending the determination of an application for a civil forfeiture order to be filed by the applicant within 21 days of this order: The sum of US$28 625 held in trust by the 5th respondent, Watershed College, on behalf of the 1st and 2nd (Musoni couple) respondents; the sum of US$18 940 held in trust by the 6th respondent (Lusitania) on behalf of the 1st and 2nd respondents; Stand Number 32039 Mabvazuva, Goromonzi."
According to the order, any member of the Zimbabwe Anti-Corruption Commission must, within 21 days of the granting of the order, serve the order on the respondents and file proof thereof
within 48 hours of such service.
The order specifically stops the couple from disposing of the house or getting the schools fees back, and stops the schools from passing the school fees back or on to anyone else.
A freezing order is an interim injunction prohibiting a potential defendant in criminal or civil litigation proceedings from dissipating assets.
Typically, such an injunction is sought to preserve a defendant's assets until a judgment can be obtained.
In order to make a successful application for a freezing order, you will have to show that there was an underlying cause of action -- for example, a fraud committed -- and that there is a real risk of dissipation of the assets.
Any application must show there is a good and arguable claim against the defendant. Putting a successful application together requires the assistance of those with the most skill in this particular area of law.
As it is not unusual for high net worth individuals to move their wealth between countries, courts can impose worldwide freezing orders. When an application is made for a freezing order it is done on an ex-parte basis. This means that the application is made to the court without the defendant being notified.
The court heard that Zimra loss control officer Mr Justice Nyagura established through investigation that from January 2022 to March 2023, Yvonne appeared to have confirmed fake rebate letters, which were tendered at Beitbridge, Plumtree, Chirundu and Kariba Border Posts by actual and purported civil servants.
She tendered her resignation on April 25 last year. It was also established that she did not declare any immovable property in the asset declaration forms lodged in her human capital file.
Searches at Exodus and Company revealed that Yvonne, together with her husband Melusi, acquired stand number 32039 of Mabvazuva Township, measuring 600 square metres from the company on March 23, 2018. The property was acquired for US$30 208.00.
The stand is now fully developed and surrounded with a precast wall and the value is estimated at US$150 000.
However, Exodus and Company through Mr Oscar Saratoga, produced another agreement of sale signed on April 13, 2023, stating that the property is now owned by The Tamel Family Trust, but members on the deed of trust remained the same.
The agreement of sale to the family trust was registered well after the investigation had commenced and was a ruse to hide the asset.
Investigations also established that Yvonne made an advance deposit of over US$36 000 to Watershed College's account, which was not supported by any invoice towards her son's school fees. The funds were deposited into Watershed College CABS Head Office account.
It was also established that she made a cash deposit of US$9 000 into Watershed CABS account on September 29, 2022. She later made another deposit of US$6 000 on October 26, 2022, and then made the final deposit of US$20 000 on February 14 last year, to make it a total of US$36 000. The college has since invoiced for two terms and the remaining credit balance is US$28 625.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Further investigations revealed that Yvonne also paid US$18 000 in advance, being school fees for her other son at Lusitania Primary School. The funds were deposited as a cash deposit into Lusitania Primary School Standard Chartered Bank Account.
The property in question is now subject to investigation in order to prove Yvonne's source of funds. And Zimra has a strong suspicion that Yvonne may be involved in money laundering and her sources of funds for acquiring the property may be proceeds of crime.
It was against this background that Zimra sought a restraining order, stopping Yvonne, Melusi and the Tamil Family Trust from disposing or dealing with the property in question.
If she is ever arrested and convicted, the assets can be seized. However, even if criminal proceedings are avoided, such as by her being in another country, there can still be civil action to have the property seized on the balance of probabilities that it was acquired dishonestly.
