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Law
society says money seizures a violation of human rights
ZimOnline
August
10, 2006
http://www.zimonline.co.za/headdetail.asp?ID=12642
HARARE - The
Law Society of Zimbabwe (LSZ) has criticised a campaign by Reserve
Bank of Zimbabwe (RBZ) officials and other state agents to search
and seize money from citizens as degrading and potentially a violation
of human rights.
RBZ officials,
police and government youth militia have used powers granted them
under a presidential decree promulgated last week to confiscate
money from individuals and corporates found holding cash in excess
of the prescribed amounts of Z$100 million for individuals and $5
billion for corporates.
At least 3 199
individuals and corporate executives have been arrested and more
than $10 trillion has been seized since the decree was promulgated.
But in a stinging
response to the blitz, the LSZ said that it condemns very strongly
the arbitrary, invasive and degrading actions of the police and
other state agents at roadblocks set up on most motorways to search
travellers for excess cash.
The society
expressed grave concern at the practice of stopping and searching
members of the public on roads and other public places.
It said that
the ongoing practice by the police was not only grossly invasive,
a violation of the individual's right to privacy, dignity and integrity
of the person but was also unlawful and unsanctioned by the decree
under which the state agents purported to act.
The LSZ said
the wide-sweeping regulations established by the decree also raised
pertinent issues of human rights.
Under Section
4 of the regulations, the state is given power in certain circumstances,
to confiscate money and to issue the owner of the seized cash a
one-year bond. However upon maturity of the bond the person will
be refunded their cash without interest even where the person is
absolved of any crime.
"This amounts
to compulsory and punitive acquisition of property without compensation,
contrary to the provisions of section 16 of the Constitution of
Zimbabwe in that the benefit of any income on investment of such
confiscated money is lost to the person affected," LSZ said.
LSZ deplored
the immunity from prosecution granted state agents or institutions
that may breach the law while implementing the new monetary measures
on behalf of the state.
It said such
blanket immunity had the effect of promoting and cultivating "state
agent impunity, (and) also amounts to an ouster of the jurisdiction
of the courts to decide whether the private individual's rights
have not been infringed or violated by any person acting under the
regulations." - ZimOnline
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