ZIMBABWE Lawyers for Human Rights (ZLHR), joins the rest of the continent to celebrate Africa Day. This year’s theme is “Winning the fight against corruption: A sustainable path to Africa’s transformation”.
The fight against corruption is a multi-stakeholder effort, that requires all those involved to work collaboratively together in good faith to make those participating in corrupt activities accountable, and to deter or prevent further occurrence. Generally, the broader Zimbabwean society has an important role to play, as well as the justice sector, business, government departments, civil society and other national and international stakeholders.
ZLHR notes various efforts made so far to fight corruption by government following the ratification of the African Union Convention on Preventing and Combatting Corruption, the Southern Africa Development Community Protocol Against Corruption and the United Nations Convention against Corruption. Notable developments include the ‘Against Corruption Together’ campaign that was launched by the Judicial Services Commission in February 2016, the establishment of specialised Anti-Corruption courts in 2018, as well as the creation of specialised Anti-Corruption unit within the Zimbabwe Republic Police. These efforts if strengthened and fully implemented, together with other existing ‘Institutions to Combat Corruption and Crime’ as provided in Chapter 13 of the Constitution will go a long way in fighting against corruption in Zimbabwe.
Despite these efforts, ZLHR remains greatly concerned that corruption remains very pervasive in all sectors of Zimbabwean society.
Whilst the corruption scourge is greatly undermining economic, social development and realisation of human rights in Zimbabwe and Africa at large, as the country celebrates Africa Day, ZLHR is greatly concerned that existing mechanisms to fight against corruption are under threat, remain weak and ineffective.
Instead of strengthening and/or consolidating existing mechanisms, recent efforts by the executive, through the President undermine the work, and erode independence of an Institution to Combat Corruption and Crime – the National Prosecuting Authority (NPA).
The President’s intention to establish an Anti-Corruption Unit that is housed in the Office of the President and Cabinet as a way to fight against corruption violates separation of powers as provided in the Constitution, particularly the checks and balances that must exist within and without the executive and other departments of government. This greatly undermines the rule of law, and is a direct violation of the Constitution which categorically establishes a National Prosecuting Authority (NPA) that is responsible for instituting and undertaking criminal proceedings on behalf of the state as provided in section 258 of the Constitution.
On threats to independence of the National Prosecuting Authority, ZLHR reminds His Excellency, President, Emmerson D. Mnangagwa that the Constitution;
- entrenches independence of the Prosecutor General who heads the National Prosecuting Authority (section 259(1) & 260 of the Constitution);
- provides that the Prosecutor General is not subject to the direction and control of anyone, who must exercise their function impartially, without fear or favour, prejudice or bias;
In order for the NPA to discharge its mandate efficiently and effectively as an ‘Institution to Combat Corruption and Crime’ as provided in Chapter 13 of the Constitution, this role can only be realised when;
The NPA is:
- provided with the necessary technical capacity for it to effectively discharge its mandate;
- adequately capacitated with financial and human resources (appropriately qualified lawyers – minus police prosecutors – and receiving necessary continuous legal training to enhance skills to fight against corruption and crime)
- provided with adequate material resources, including tools of trade, legal texts, as well as access to online resources and practical exchange learning visits targeting other effective prosecuting authorities in the region to enhance skills to fight against corruption and crime generally;
- wholly supported by other justice delivery players that are strengthened, through appropriate institutional and legislative reforms that include the Police, the Zimbabwe Anti-Corruption Commission, Judiciary, Prison and Correctional Services, including but not limited to provision of adequate material, and human resources appropriately qualified, trained and skilled to effectively discharge role to fight against corruption;
- supported by a Law Society, and an informed Zimbabwean citizenry in general, that shuns corruption and acts against corruption;
Having accepted recommendations to strengthen the fight against corruption during the 2016 United Nations Human Rights Council – led Universal Periodic Mechanism, ZLHR also calls on government to:
- work with relevant United Nations agencies and African Union departments, members states and aid agencies that can contribute to capacitating the NPA to strengthen its internal capacity to fight against corruption;
- guarantee individual and institutional independence of the Zimbabwe Anti-Corruption Commission, its staff and Commissioners
- not undermine but implement provisions of the Constitution as is, including strengthening existing institutions, and not establish parallel structures!
ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma (2nd) Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 4 764085/705370/708118
Email: info@zlhr.org.zw
Website: www.zlhr.org.zw
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