…Five nabbed so far in tip-off raids

Ngoni Dapira

THE Zimbabwe Anti- Corruption Commission (ZACC) last week launched a crackdown to probe illicit diamond dealing in the eastern border city of Mutare, Easterntimeszim has learnt.

ZACC spokesperson commissioner John Makamure in a telephone interview on Tuesday confirmed the deployment of their officials to Mutare and said investigations are ongoing after the arrests made from last week Friday.

ZACC arrested five suspected illegal diamond dealers who appeared before Mutare magistrate court last week Saturday, facing charges of money laundering and contravening Section 40 of the Criminal Law (Codification and Reform Act) of possession of articles for criminal use. The suspected diamond dealers who were arrested on separate incidents are Isaac Nhamo, Shadreck Pungurume and the trio of foreigners, two Mozambicans Zacarias Wilstine and Mamodou Boye, and a Democratic Republic of Congo national Hassane Kane.

Pungurume who was represented by his lawyer, Farai Matinhure, appeared before magistrate Tamara Chibindi facing charges of money laundering and possession of articles for criminal use. He was granted $25 000 (ZW) bail and ordered to continue residing at his given address, surrender his passport and not interfere with witnesses. He was remanded to August 21 for trial.

Nhamo, a diamond picker at Anjin Mine in Chiadzwa, who was represented by Chris Ndlovu of Gonese and Ndlovu Legal Practitioners, was facing similar charges and was also granted $25 000 (ZW) bail with the same bail conditions. Nhamo was also remanded to August 21 for trial. Ndlovu also represented the trio of foreigners, who were remanded in custody pending the availability of a Portuguese translator who was expected today (Wednesday). Wilstine, Boye and Kane are facing charges of contravening Section 40 of the Criminal Law (Codification and Reform Act) of possession of articles for criminal use and contravening Section 12 of the Immigration Act that mandates all persons entering Zimbabwe to appear before and comply with directions of an immigration officer. The trio were today however further remanded in custody till August 26 when an interpreter is expected to be available by the State.

In the case of the three foreigners, last week Friday ZACC raided a house in the low density suburb of Greenside in Mutare and apprehended the aforementioned foreigners. This was after being tipped off that they were involved in diamond dealing. ZACC detectives allegedly found diamond scales and cutters at the house.

According to the State prosecutor Tawananyasha Muuya, in the case of Pungurume, ZACC received a tip-off that Pungurume was conducting illegal diamond mining in Chiadzwa and arrested him at a police roadblock in Wengezi, leading to the recovery of two small diamond scales, four expired access permits into the Chiadzwa diamond fields, US$15 000 and $6 255 (ZW).

Whilst in the case of Nhamo, the State alleges that between March and August 2020, the accused took advantage of his position as a diamond picker at Anjin and stole diamonds from the Chinese run mine selling the diamonds on the black market for personal gain. The State alleges that Nhamo bought three vehicles and some immovable properties in Mutare through proceeds of the diamond sales.

Unpolished diamonds sold on the black market.

Commissioner Makamure confirmed that the crackdown was part of their operation in Mutare investigating illicit diamond dealing in the city. He however appealed to Mutare residents to assist them with more tip offs and any information to help apprehend illicit diamond dealing activities in the city.

“As ZACC we need the assistance of Mutare residents in our investigations to expose corruption and illicit diamond trade. Our team was deployed to Mutare and it is making headway on investigations. Cases were brought before the court last week Saturday and investigations are ongoing. That is all I can say for now about the investigations in Mutare,” said the ZACC spokesperson.

The anti-graft body in June launched an operation code named “Wakazvitenga Sei” that will see individuals who fail to account for how they amassed their wealth forfeiting it to the State.

Through provisions in the Money Laundering and Proceeds of Crime Amendment Act, the Anti-Corruption Commission Act, the Prevention of Corruption Act and the Criminal Law (Codification and Reform) Act, ZACC is now legally able to seize assets bought through proceeds of crime, and is expected not to be the ‘toothless’ bulldog it was heavily criticized to be before.

Even if a suspected corrupt person is acquitted by the courts, the unexplained wealth orders give the commission and the National Prosecuting Authority (NPA) power to forfeit the properties through the Money Laundering and Proceeds of Crime Amendment Act. The law demands that anyone suspected of corruption explain his or her source of wealth, failure of which they will lose the properties.

During the launch in June, ZACC chair Justice Loyce Matanda-Moyo said the operation would involve intensive lifestyle audits of people in question. The suspects have to produce their invoices on what goods or services they rendered and this has to match the value of the acquired properties. It will also check if these people or their businesses were paying taxes to the Zimbabwe Revenue Authority (ZIMRA).

Commissioner Makamure said the unexplained wealth orders which were enacted into law earlier on this year gives impetus to assets forfeiture of properties reasonably suspected to have been acquired through corruption. The operation is using powers the commission gained in July 2019 to demand an explanation for how people earned their wealth – known as an unexplained wealth order. People under investigation can go to the High Court to account for their wealth, but failure to do so automatically results in seizure of their assets.

However, this is not the first time that an onslaught operation has been done to arrest illicit dealing in diamonds in Mutare since the discovery of significant alluvial diamond deposits in Chiadzwa in 2006. When the diamond scramble peaked in October 2008, many people from South Africa, Botswana, the DRC, Mozambique, Equatorial Guinea, Nigeria, Lebanon, Pakistan, the United Arab Emirates, Belgium and India invaded Mutare, either mining or buying diamonds in Marange.

Government launched Operation Hakudzokwi (No Return) in October 2008 which ran up to January 2009, arresting all suspected diamond dealers and seizing part of their assets as ill-gotten wealth, using the lifestyle audit as the basis of its investigations. Many prominent local and foreign diamond dealers fled and only came back when the coast was clear after the operation. Unlike during the diamond rush hype before Operation Hakudzokwi, Illicit diamond dealing present-day is reportedly still rife in Chiadzwa, but now on a low radar, as most wealthy dealers now prefer to keep a low profile to avoid being sniffed out.