The Sunday Mail
Allen Choruma
Corruption in Zimbabwe has reached alarming levels to the extent that it can now be said to be one of the major threats to socio-economic transformation and sustainable development.
Unless this vice is nipped in the bud, this could risk derailing attainment of Vision 2030.
Strong and unwavering political and people’s will is required to fight the scourge.
Political will
In the past, progress in fighting corruption has been slow because of lack of political will.
The country has enough laws and institutions to fight corruption.
It also sticks out in Southern Africa as having a robust institutional and legal framework to fight corruption.
What has been lacking in Zimbabwe in the past is the political will to effectively fight corruption and apply the law without bias, fear or favour.
What is encouraging is that the ground has now shifted.
The President, His Excellency ED Mnagangwa, has acknowledged the deep-rootedness of the cancer of corruption in Zimbabwe on various public fora and has unequivocally set the right tone from the top on the need to fight corruption without fear or favour.
The institutions entrusted with legal authority to expose, investigate and prosecute cases of corruption have unwavering Presidential support to fight corruption, and there is, therefore, no excuse why we should not use our institutional and legal framework to weed out corruption in Zimbabwe.
ZACC
The reconstitution of the Zimbabwe Anti-Corruption Commission (ZACC) through appointment of a new chairperson and commissioners is a positive sign of the Government’s commitment to fight corruption.
It is hoped that ZACC will be supported by all three arms of the State — Executive, Parliament and the Judiciary — to carry out its constitutional mandate of weeding out corruption in the country.
Government should also support ZACC in terms of human capital, financial and material resources.
Additionally, Government should demonstrate political will to allow ZACC to operate independently without much political interference and impediments.
Past failures in fighting corruption cannot be traced to absence of the appropriate legal and institutional framework.
Institutions
Zimbabwe has sufficient laws and institutions to fight corruption.
At an institutional level, we have the Judiciary (Courts), Zimbabwe Republic Police (ZRP), Zimbabwe Anti-Corruption Commission (ZACC) and the National Prosecuting Authority (NPA).
ZACC is explicitly provided for under Section 254 of the Constitution.
The Zimbabwe Anti-Corruption Act (Chapter: 9:16) clearly articulates the role and functions of ZACC.
Within the Office of President and Cabinet (OPC), there is a Special Anti-Corruption Unit designed to handle corruption from the highest office in the land.
The Asset Forfeiture Unit resides within the NPA and was established in terms of Section 27A of the National Prosecuting Authority Act.
The Financial Intelligence Unit (FIU) was established under the Money Laundering and Proceeds of Crime Act (Chapter 9:24) and operates under the Reserve Bank of Zimbabwe (RBZ).
FIU’s responsibility is primarily to scrutinise suspicious financial transactions within banking and financial services with the objective of curbing illicit financial activities and money laundering.
Laws
In terms of legal instruments, we have a plethora of them on corruption.
Some of these laws are:
The Prevention of Corruption Act (Chapter 9:16).
Zimbabwe Anti-Corruption Commission Act (Chapter 9:22).
National Prosecution Authority Act (Chapter 7:20).
Money Laundering and Proceeds of Crime Act (Chapter 9:24).
Exchange Control Act (Chapter 22:05).
Presidential Powers (Temporary Measures), (Amendment of the Money Laundering and Proceeds of Crime Act and Exchange Control Act), Regulations, 2018 (SI 246 of 2018), Criminal Law (Codification and Reform) Act (Chapter: 9:23), among others.
Statutory Instrument 246 of 2018 Presidential Powers (Temporary Measures) cited above empowers Government to seize assets of people who fail to disclose the source of their wealth.
These regulations allow Government enforcement authorities to make an ex-parte application to the High Court for Unexplained Wealth Order (UWO) in respect of any property presumed to be “tainted”.
The High Court may grant the UWO if it is satisfied that the requirements for making the order are fulfilled.
Other measures
The fight against corruption in Zimbabwe remains a daunting task.
Perhaps, there is more that needs to be done to effectively fight corruption other than laws and institutions and political will.
Perhaps, the responsibility of fighting corruption should not be left to Government and ZACC alone.
Multi stakeholder approach
Corruption has become so entrenched in Zimbabwe in the national governance systems, in public and private sectors, churches, clubs, communities and families, that it cannot be fought with laws alone.
Apart from improving the national governance system to ensure transparency and accountability and upholding the rule of law, there is need to grow the economy to narrow the gap in inequality, poverty and unemployment.
Inequality, poverty and unemployment are cited by United Nations as some of the drivers for corruption.
A broader multi-stakeholder approach that focuses on ethics and restoration of societal moral fabrics through education and awareness is needed to fight corruption across the social stratus, from the individual, family and community and up to national level.
People will
While Zimbabweans expect more action than words from Government in fighting corruption, everyone should be reminded that Government and ZACC cannot fight corruption alone.
The people’s will is also needed in fighting corruption.
There is need for concerted effort from all citizens — political and civic leadership, churches and other religious organisations, schools and colleges, communities and at family and individual levels — to fight the scourge of corruption.
The war on corruption should start with all of us individual Zimbabweans and cascade all the way to government and ZACC.
Allen Choruma can be contacted on e-mail: [email protected]
