The ZIMRA Anti-Corruption ‘Hotline’ Billboard :Plumtree Border Post
Chapter IX of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code) is the principal statutory law which deals with crimes of Bribery and Corruption in Zimbabwe. The provisions of sections 169-174 are so detailed that they cover all possible scenarios that might occur in either the private or public sector institutions. The most familiar section of the Act is s.174, “criminal abuse of duty as a public officer”.
George Feltoe followed up by publishing, A GUIDE TO THE CRIMINAL LAW OF ZIMBABWE in 2005. Feltoe stated that the principles which defined a state (public) official were taken from the Mukwezva 1992 case.
One would be tempted to think that Zimbabwe is a corrupt free country, yet corruption is so endemic to the extent that all the Commissioners of the Constitutionally established anti-corruption body- The Zimbabwe Anti-Corruption Commission were fired at the beginning of 2019 for either being incompetent or corrupt.
The corruption perception indices used by international research organisations such as Transparent International and Afrobarometer have scaled Zimbabwe badly in global corruption rankings. Zimbabwe’s ranking stinks.
Former President, Robert Mugabe, sensationally claimed that US$15 Billion was missing from the sale of diamonds which were mined from the Chiadzwa Mines. In any other country such a statement, by a state President, would have led to the establishment of an independent Commission of Inquiry to investigate and determine the nature and extent, if any, of such looting. The findings of any such commission so established would then have been publicly published. Correctional and remedial actions would then have been sanctioned. That is what good governance is all about.
Cases involving corruption have become common place in Zimbabwe. The term, “criminal abuse of office.” has also become common place. Section 174 of the Code has been used to criminally prosecute politicians, public officials, employees of state operated enterprises (SOEs), academics and sports administrators.
Chapter 13 Institutions, as provided for in the Constitution of Zimbabwe, were established to combat corruption and crime. These institutions are, respectively, the Zimbabwe Anti-Corruption Commission (ZACC) and the National Prosecution Authority (NPA).
Due to either incompetence or political interference, there have been three Prosecutor Generals of the NPA within a six-year period. One was fired and the other one opted to resign after a tribunal had been established to determine his suitability to head the esteemed office.
The Vice-Chancellor of the country’s premier higher learning institution, the University of Zimbabwe, opted to resign after allegations of improperly conferring a doctorate degree to former first lady of Zimbabwe, Grace Mugabe, were laid against him.
The Chief Magistrate is on criminal trial for criminal abuse of office as well.
Is this all bark and no bite? One wonders!
On the surface of it, there is some action going on to fight corruption.
The Zimbabwe Republic Police (ZRP) has established a special Anti-Corruption Unit. This unit is housed at Morris Depot in Harare.
There is also a special Anti-Corruption Unit housed in the office of the President and Cabinet.
Collectively, this means we have three separate institutions combating corruption in Zimbabwe.
A viable alternative would have been to establish the special Anti-Corruption Unit under the supervision of the Prosecutor General (PG) of the NPA. Then cases coming through from ZACC and the special Anti-Corruption Unit of the ZRP would be forwarded to this special Anti-Corruption Unit in the NPA. Just across the Limpopo, according to a recent report in the Sunday Times weekly newspaper, South African President, Cyril Ramaphosa recently signed a proclamation to establish a directorate in the NPA that would focus on investigating and prosecuting crimes involving state capture
Zimbabwe is a young Constitutional Democracy. Its Constitution is in its infant stage but it is a progressive one as compared to the previous one. There is no better time for constitutional reform like now. For example, ZACC and the NPA are constitutionally bound to submit annual reports to parliament about their activities over the course of the previous year. Though not obliged to, parliament must then be seen to be transparent and that it takes issues of good governance seriously by publicly publishing those annual reports.
The United Nations on Drugs and Crime (UNODC) runs some online institutional courses on anti-corruption. The government may capacitate the present institutions established to fight corruption by enrolling the officials employed in those institutions for such courses.
An embarrassing incident occurred last week when the foreign based management of a locally domiciled banking institution raised a red flag about financial impropriety yet the local management didn’t notice anything wrong. That can only be subscribed to either gross incompetence or endemic corruption.
Unless Zimbabwean mindsets are rewired, the war against corruption will never be won.
The Truth! 