News / National
High Court stops NPA from seizing 15 vehicles
13 Sep 2023 at 18:58hrs | Views
Acting Prosecutor-General Nelson Mutsonziwa's attempt to confiscate 15 vehicles and two houses owned by Enmore Makarichi on suspicion of being crime proceeds has been unsuccessful. The High Court, presided over by Justice Benjamin Chikowero, dismissed Mutsonziwa's civil forfeiture application, citing defects in the case.
Makarichi had objected to the application, arguing that the supporting affidavits were flawed as they misrepresented the commissioner's office. The affidavits had been signed by a former police officer but bore a magistrate's stamp.
The court determined that the magistrate's stamp misrepresented the commissioner's office and could lead to confusion. Justice Chikowore highlighted the importance of proper affidavits, emphasizing that they should clearly indicate the dates, places of deposition, and the identities and capacities of the commissioners of oaths.
The judge ruled that the supporting affidavits provided were invalid and did not meet legal requirements, rendering the entire application fatally defective.
He noted that the appointment or removal of a person as a justice of the peace and commissioner of oaths by the Home Affairs minister should be published in the Government Gazette. Given the significance of affidavits, it was essential that the person commissioning them be a duly authorized commissioner of oaths.
The judge concluded that the commissioner in question was a police constable, but the stamp used belonged to a magistrate, leading to the dismissal of the application.
As a result, Justice Chikowore ordered the application to be removed from the docket and imposed costs on the Prosecutor-General.
Makarichi had objected to the application, arguing that the supporting affidavits were flawed as they misrepresented the commissioner's office. The affidavits had been signed by a former police officer but bore a magistrate's stamp.
The court determined that the magistrate's stamp misrepresented the commissioner's office and could lead to confusion. Justice Chikowore highlighted the importance of proper affidavits, emphasizing that they should clearly indicate the dates, places of deposition, and the identities and capacities of the commissioners of oaths.
The judge ruled that the supporting affidavits provided were invalid and did not meet legal requirements, rendering the entire application fatally defective.
He noted that the appointment or removal of a person as a justice of the peace and commissioner of oaths by the Home Affairs minister should be published in the Government Gazette. Given the significance of affidavits, it was essential that the person commissioning them be a duly authorized commissioner of oaths.
The judge concluded that the commissioner in question was a police constable, but the stamp used belonged to a magistrate, leading to the dismissal of the application.
As a result, Justice Chikowore ordered the application to be removed from the docket and imposed costs on the Prosecutor-General.
Source - newsday
