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Investigations Editor
The Zimbabwe Anti-Corruption Commission (ZACC) has called for mandatory imprisonment of offenders, saying the current sentencing which provides for an option of a fine trivialises the vice that has ravaged the country.
Speaking during ZACC’s inaugural annual general meeting held virtually in Harare recently, ZACC’s executive secretary Ms Sukai Tongogara said corruption-related laws should be amended to scrap the option of non-custodial sentences to achieve maximum deterrence.
Recommendations for the upward review of sentences, ZACC said, have since been forwarded to Government through the Office of the President and Cabinet.
Judges and magistrates have to follow the statutes and precedent when setting a sentence, with Parliament giving an indication of how serious an offence is seen when it lays out the sentencing options in a statute.
“The other challenge we are facing is that once people are convicted, the sentences we are receiving from the Judiciary are a bit lenient,” said Ms Tongogara.
There is an option of a fine for corruption cases. In terms of the United Nations Convention Against Corruption and reviews done on Zimbabwe, it was noted that Zimbabwe was being lenient in fining people found guilty of corruption.
“We have recommended to the Government to look up and may be, increase sentences for those convicted of corruption.
“If we look at stocktheft and illegal possession of gold, there are mandatory jail sentences. Having a mandatory jail term will go a long way in curbing corruption,” said Ms Tongogara.
ZACC also bemoaned the delay in prosecution of corruption cases.
“We also have a delay from the National Prosecuting Authority in prosecuting cases.
“Witnesses end up getting tired and decide to stop coming to court,” she said.
There is a confusion on the definition of agents of corruption.
There is a loophole to an extent that some people who are suppose to be convicted, end up being acquitted because of that loophole.
In her remarks at the recent AGM, ZACC chairperson Justice Loice Matanda-Moyo urged Government to urgently review its ministries’ powers over parastatals and State enterprises to curb looting.
As a result of compliance checks, as ZACC, we have noted that ministries that have an oversight role on State enterprises and parastatals are a cause for concern.
The Government needs to urgently review the powers of ministries over State enterprises and parastatals under their purview to stamp out this culture of looting in these State enterprises and parastatals by parent ministries.
“It is our wish as ZACC that legislation amendments be made to the Anti-Corruption Commission Act to provide sanctions for non-compliance,” she said.
Some ministries, according to ZACC, influence the tender processes of parastatals under their purview. They also influence recruitment, resulting in irregular and criminal conduct.
Most corruption scandals at parastatals and State enterprises investigated by ZACC show the invisible hand of the parent ministries.
With the decentralisation of ZACC operations to Bulawayo and Gweru, a number of success stories have been recorded.
ZACC received a total of 1 133 cases, with 1 057 of them having been reported in Harare. Bulawayo Province received 59 while Gweru received 17 cases.
Of the 1 133 cases, 678 were of criminal abuse of office.
ZACC surpassed its target to complete and refer to the National Prosecuting Authority 80 cases in 2020.
A total of 90 completed corruption cases were referred to the National Prosecuting Authority and the commission recorded seven convictions in that same year.
Eight tainted vehicles were forfeited to the State last year.
The resources availed to ZACC this year enabled countrywide investigations including Victoria Falls, Beitbridge, Chipinge and Chiredzi among other centres.
Currently, there are 26 people undergoing trial, 19 cases were allocated trial dates and 45 were in set down.
Cumulative cases with the National Prosecuting Authority are 131.
The recently established ZACC Asset Forfeiture and Recovery Unit has seized a total of eight immovable properties valued at $165,64 million and a total of 24 motor vehicles valued at $121,5 million.
Online Reporter