Criminal abuse of office tops 2021 graft cases list

Sikhumbuzo Moyo, Senior Reporter

MORE than half of the reported cases received by the Zimbabwe Anti-Corruption Commission (Zacc) in 2021 were to do with criminal abuse of duty by public officials while fraud cases came second.

In a brief statement on its official twitter handle, the corruption buster said it received 1 354 cases in 2021 and of those 697 or 51 percent were to do with criminal abuse of duty while fraud accounted for 31 percent.

“Criminal abuse of duty by public officials continue to dominate reports investigated by Zacc. Of the 1 354 reports received in the year 2021, 697 or 51 percent were to do with criminal abuse of duty. Fraud came second at 31 percent. Money laundering is also on the rise,” said the anti-graft commission.

Early this week, Zacc arrested the chief executive officer of the Tobacco Industry and Marketing Board (TIMB) Meanwell Gudu and the head Human Resources department Tsitsi Murahwa. The duo is being charged with contravening Section 174 of the Criminal Law (Codification and Reform) Act (Abuse of duty) involving US$2.8 million. 

As part of its constitutional duties, Zacc has recovered assets worth over US$25 million from January to date through its asset recovery and forfeiture unit. 

This recovery blitz has been necessitated by the Second Republic’s zero tolerance to corruption by granting the anti-graft body powers of arrest, powers of search and seizure of assets acquired through ill-gotten wealth.

There has however been some complaints from members of the public that Zacc was on a catch and release exercise, an accusation which the commission has been quick to refute largely due to the fact that it does not have prosecutorial powers as its mandate is provided for in sections 254 and 255 of the Zimbabwe Constitution and Section 12 of the Anti-Corruption Commission Act. 

Functions of Zacc, according to Section 255 of the Constitution are to investigate and expose cases of corruption in the public and private sectors, to combat corruption, theft, misappropriation, abuse of power and other improper conduct in the public and private sectors, to promote honesty, financial discipline and transparency in the public and private sectors, to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate, to direct the Commissioner-General of Police to investigate cases of suspected corruption and to report to the Commission on the results of any such investigation.

The commission has to refer matters to the National Prosecuting Authority for prosecution, to require assistance from members of the Police Service and other investigative agencies of the State and to make recommendations to the Government and other persons on measures to enhance integrity and accountability and prevent improper conduct in the public and private sectors. Section 12 of the Anti-Corruption Commission Act states that;

“In addition to its functions under the Constitution, the Commission shall have the following functions; to monitor and examine the practices, systems and procurement procedures of public and private institutions, to enlist and foster public support in combating corruption in society.

“… to educate the public on the dangers of corruption in society, to instruct, advise and assist any officer, agency or institution in the elimination or minimisation of corruption, to receive and investigate any complaints alleging any form of corruption.”

Additionally Zacc is mandated to investigate any conduct of any person whom the Commission has reason to believe is connected with activities involving corruption, to assist in the formulation of practices, systems and procurement procedures of public and private institutions with a view to the elimination of corrupt practices and to advise on ways of strengthening anti-corruption legislation and to recommend to the Government that it ratifies and domesticates relevant international legal instruments aimed at combating corruption.

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