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The wheels of justice are notorious for their slowness. They take their time as they grind on and cannot be unnecessarily hurried. This can create negative impressions that transgressors could go on free and justice delayed, even denied to the aggrieved. It is in the latter category that ordinary Zimbabweans are as the justice delivery system looks set to go a third year before it punishes legislators in the Seventh Parliament who abused money allocated to their constituents under the Constituency Development Fund (CDF).
Suspicions that some MPs in the last Parliament corruptly used their $50,000 CDF allocations emerged around February-March 2010. Authorities launched investigations and a few suspects were arrested and brought to court early last year. Albert Mhlanga, Cleophas Machacha and Marvellous Khumalo, all of MDC-T, and Franco Ndambakuwa (Zanu-PF) were charged. Some cases are still pending before the courts but charges against Ndambakuwa and Mhlanga were withdrawn.
Without incriminating any of the four since no court has convicted them, we feel that some of them and their former colleagues in Parliament actually abused public trust for personal gain.
That is why Zimbabwe’s hard-pressed tax payers expect thoroughgoing investigations and deterrent punishment on those convicted, even at this late stage. This is a matter of broad public interest.
On Monday Permanent Secretary for Justice, Legal and Parliamentary Affairs, Virginia Mabhiza threatened that the Government could confiscate property bought for personal use by at least 20 legislators using CDF.
“I recently prepared a list of constituencies that have issues and fully reported to my current minister (Cde Emmerson Mnangagwa) about the extent of the abuse,” she told the Portfolio Committee on Justice, Legal and Parliamentary Affairs.
“I have just prepared the paperwork and it’s in 20 constituencies where I would want the honourable minister to analyse before he takes the list to Cabinet and I also will be undertaking a lot of measures to recover some of the assets that were procured using CDF funds from different constituencies where in my view as accounting officer those assets are supposed to be recovered and taken to the ministry.
“I can give examples although I am not in a position to furnish the exact details. We have honourable members who purchased motor vehicles using CDF funds and we are in the process of recovering those motor vehicles. Some purchased motor bikes, we are also in the process of recovering those motor bikes.”
The CDF concept is great as it is meant to help in the implementation of grassroots development projects at a time when traditional donors in the West are not so generous now, not only because of the illegal economic sanctions they have maintained on us but also because they actually have no more money to spare. Many good projects have been financed through the fund across the country which must be encouraged.
What Mabhiza threatens to do would be a good step if it happens. We are all waiting for it. We recognise, however, that recovering the items she mentions may not be compensation enough financially as the goods have obviously lost value over the years. If an MP helped himself to a vehicle using public funds, for instance, it cannot be resold now at the price he acquired it for three years ago. Also, some of the property might be unserviceable now thus not of any meaningful monetary value.
Seizing property might only be good in the sense that it embarrasses the legislator or former legislator. It does nothing, however, as indicated above to recover the financial prejudice suffered and more importantly to assuage the anger among tax payers who funded personal excesses of people that pretended to be their law makers.
Crimes that entail dishonesty such as fraud often attract more robust punishments like heavy fines and long periods in jail. And the way some MPs allegedly abused CDF is clear dishonesty. So we expect that general rule to apply to those involved in abusing CDF as well.
At the height of the scandal, we were told of difficulties authorities faced in charging suspects under appropriate laws. The Prevention of Corruption Act and other pieces of legislation were not relevant enough, it was said and a specific CDF Bill was being crafted.
Indeed President Mugabe pointed this out while setting the legislative agenda for this session of the Eight Parliament. Among the bills to be debated, he said, was the CDF one.
We look forward to it and those who betrayed the public in the last Parliament sanctioned. Until then we anxiously watch as the wheels of justice take their time.
Online Reporter