19 August 2024
The Anti-Corruption Trust of Southern Africa (ACT-SA) extends its sincerest congratulations and commendations to the Zambian police force for their decisive action in apprehending two Chinese nationals, Zhao Yanjing and Zhao Changson, and recovering an impressive cache of 29.9kg of gold and US$200,000 in cash that was illicitly smuggled from Zimbabwe. The resourcefulness and ingenuity of the smugglers, who reportedly concealed the contraband within a Toyota Land Cruiser Prado, underscores the pressing need for heightened vigilance and cooperation between neighboring countries to effectively combat the cross-border trafficking of illicit goods and resources.
The swift and decisive action taken by the Zambian authorities in apprehending these Chinese smugglers serves as a beacon of hope and a powerful statement that transnational organized crime will not be tolerated within its borders. This signal of strength sends a resounding message to the criminal elements that seek to exploit the region’s resources and use Zambia as a transit point for their nefarious activities, reminding them that the country’s commitment to law and order is unwavering and its resolve to protect its citizens from harm remains steadfast.
The valiant efforts of the Zambian police force in bringing these smugglers to justice would not have been possible without the tireless work of whistleblowers, whose bravery in the face of adversity must be recognized and celebrated. ACT-SA salutes these individuals for their crucial role in the ongoing fight against corruption, as their willingness to speak out against wrongdoing serves as an inspiration to all those who are dedicated to preserving the integrity of our institutions and upholding the rule of law.
In response to this shocking incident, ACT-SA’s Regional Director, Mr. Obert Chinhamo, condemned the lackluster performance and apparent complicity of the Zimbabwean police and immigration authorities, who failed to prevent the smuggling from occurring due to either criminal negligence or outright corruption. Mr. Chinhamo urged the security and immigration to remain vigilant and committed to their duty to protect Zimbabwean borders, lest the hemorrhage of precious resources to the hands of criminals and corrupt individuals continues unabated.
“As I journeyed from Zimbabwe to Zambia on a bus, I was confronted with a disheartening reality – that the border between the two nations is a hotbed of corruption and malfeasance. Buses were not all searched and goods were smuggled with impunity, individuals flouted immigration laws by bribing immigration officials, and security personnel were not immune to the allure of financial incentives. Travellers without passports bribed their way across the border. The fact that Zhao Yanjing and Zhao Changson were able to cross the border unscathed was a testament to the corruptibility of the system, a reality that was further evidenced by the speculation that they may have even been escorted across by the very same authorities tasked with upholding the law” he says
Mr. Chinhamo added that the case of Zhao Yanjing, and Zhao Changson serves as a microcosm of a much bigger problem of smuggling by not only the Chinese but by Zimbabweans and other nationals “The smuggling of minerals across the border is merely the tip of an expansive iceberg, a dangerous and devastating reality that continues to undermine Zimbabwe’s economic stability and sovereignty. To arrest this rot and stem the tide of corruption, it is essential that we address the glaring security vulnerabilities that exist along our borders, while also confronting the insidious network of powerful individuals who shield criminal elements, particularly those from China, from the consequences of their actions. These unscrupulous protectors are not only complicit in the exploitation of our country’s natural resources, but also serve as an active barrier to justice and accountability” he adds.
Chinese nationals in Zimbabwe have consistently been embroiled in a string of troubling incidents that have brought them to the forefront of public scrutiny. From reports of illicit smuggling, corrupt dealings, and violations of national laws to incidents of public outrage and protest, their presence has been increasingly fraught with controversy, casting a shadow of doubt over their motives and intentions in the country. The following are few examples.
• A report by the Information for Development Trust (IDT) titled “Purses and Curses: Impact of Chinese Mining on Local Communities” named and shamed Chengxi Mining (Pvt) Ltd, AfroChine Smelting (Pvt) Ltd, Dore Green Customs Milling (Pvt) Ltd, STC Chemicals (Pvt) Ltd and Ming Chang Sino Africa (Pvt) Ltd for violating Zimbabwean national laws with impunity.
• In another report by ACT-SA titled “Money over Life: The Case of a Chinese Investor (Livetouch Investments (Pvt) Ltd) t/as Diamond Cement) in the town of Redcliff in the Midlands Province of Zimbabwe ” a Chinese investor based in the town of Redcliff was accused of dust emissions that put human lives in peril.
• Zimbabwean authorities deported two Chinese nationals accused of hanging two mine employees on a front-end loader in a case that ignited debate about alleged abuses by investors from the Asian country.
• In another case, of putting the law into their own hands, Chen Ying, 44, Xia Wexing, 40, Guo Weilin, 32, Yan Qi, 36, and Wang Huasheng, 35, were convicted based on their own guilty pleas after admitting to cremating the body of Huang Tian Song against Zimbabwean laws.
• In Gweru, a Chinese man, went on spotlight after he shot two of his workers in after they demanded wages that they had toiled and worked for.
• In Harare, a 41-year-old Zhang Xuelin, who runs a mining company was brought before the courts facing attempted murder charges.
• In addition, Zimbabwe Anti-Corruption Commission arrested a Harare-based Chinese national on allegations of fraudulently importing large quantities of cyanide and keeping the toxic substance at unsafe sites and in the process endangering the lives of innocent people.
• In another public interest case, Zimbabweans lost money due to a 39-year-old Chinese national who allegedly defrauded unsuspecting members of the public through the E-creator Ponzi scheme.
• In Harare, Li Bo, a 54-year-old Chinese national was arrested at Harare International Airport after being found in possession of two undeclared pieces of polished diamonds weighing 1,01 and 0,71 carats worth over $9 000 destined for China. It is alleged Li Bo did not declare his intention to export the gems to the Minerals Marketing Corporation of Zimbabwe (MMCZ).
ACT-SA is deeply troubled by the rampant cases of Chinese nationals disregarding and flouting the laws of Zimbabwe with reckless abandon, often brazenly proclaiming their privileged connections within the corridors of power. This unchecked impunity and flagrant disregard for the rule of law is a direct affront to the core principles of fairness, equity, and accountability that our society must uphold. In light of these ongoing transgressions, ACT-SA resolutely asserts that the enforcement of the law must be conducted without exception or exemption, holding all persons accountable for their actions, regardless of their wealth, connections, or influence.
In this case under review, the proceeds of crime, including the seized gold, cash, and vehicle used in the commission of this heinous act, must be subject to the rigorous process of asset forfeiture and be reallocated to the very poor Zimbabwean communities that have been grievously harmed by the pernicious effects of corruption. The loss of these resources represents a significant drain on the economy and society, which must be rectified by redistributing the fruits of these ill-gotten gains back into the communities they were stolen from.
To effectively harness the potential of recovered assets and drive tangible progress in the ongoing struggle against corruption, ACT-SA strongly advocates for the passage of legislation that clearly delineates the procedures for the social reallocation of seized or forfeited assets. By establishing a clear framework for how these recovered resources can be leveraged to benefit the wider community, this proposed legislation would help to promote a greater sense of justice and accountability while simultaneously ensuring that the proceeds of corruption do not remain in the hands of the corrupt. This piece of legislation will ensure among others the following:
a) Effective and transparent management of recovered, forfeited, and seized assets, through the establishment of a clear and standardized protocol for their care, utilization, and monitoring;
b) Creation of a publicly accessible database of all seized, forfeited, and recovered assets, including detailed information on their status, location, and utilization. This registry will promote transparency and accountability in the management of these assets, while also serving as a tool to assess the efficacy of the recovery efforts;
c) Establishment of a dedicated Agency with a transparent and participatory governance structure to oversee the management and social reuse of seized, forfeited, and recovered assets. This Agency will ensure effective collaboration between civil society organizations and state entities, with the ultimate goal of promoting the social use of these assets to achieve equitable and sustainable development for all.
d) Broadening the scope of recoverable assets to include personal and real property (apartments, houses, motor vehicles, etc.), as well as productive and/or trading units. This will enable a more comprehensive and effective approach to the recovery of assets that have been acquired through corruption or criminal activity, with a focus on utilizing these assets to address social, economic, and developmental challenges in Zimbabwe; and
e) Optimising the utilization of state resources allocated for the management and maintenance of seized, forfeited, and recovered assets by implementing strategies that promote efficient and cost-effective caretaking, value preservation, and social reuse of these assets. The aim is to ensure that these assets serve as a valuable resource for sustainable development, rather than a drain on state finances.
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