HARARE – High Court Judge Tawanda Chitapi has ruled in favor of Justice Mayor Wadyajena, ordering the release of his Lamborghini and 22 trucks seized in 2022 as part of a US$5 million fraud and money laundering investigation. The probe implicated Wadyajena, a former Gokwe-Nembudziya legislator, and several accomplices, including former executives of Cottco, the government’s cotton agent.
The decision comes after Wadyajena and his company, Mayor Logistics, filed a court challenge against the Zimbabwe Anti-Corruption Commission (ZACC) and the Prosecutor General, demanding the return of the seized property.
In his argument before the court, Wadyajena pointed out that charges against him and his co-accused were withdrawn by the state before they entered a plea, rendering the continued seizure of their property unjustified.
“The order for seizure of the property was issued by Harare High Court judge Pisirayi Kwenda in August 2022, with a stipulated 30-day period for investigations,” Wadyajena emphasized.
However, ZACC, represented by its legal team, contended that ongoing investigations into potential fraud warranted the retention of the seized property, despite the accused being removed from remand.
In his ruling, Justice Chitapi noted that the respondents failed to seek an extension of the property seizure beyond the initial 30-day grace period granted by Justice Kwenda.
“The continued seizure of the property based on section 47(4) cannot apply to investigations unrelated to a recognized crime,” Justice Chitapi declared.
Consequently, the judge ordered the release of the seized property to the applicants, stating, “The respondents shall release them to the applicants upon service of this order.”
He further specified that there would be no order for costs associated with the legal proceedings.
The ruling marks a significant development in the legal battle surrounding the seized assets, providing relief for Wadyajena and his co-applicants as they seek to clear their names in the ongoing investigation.
