adminLaw officers in the National Prosecuting Authority who are found guilty of corruption, misconduct or incompetence will be dismissed from duty under a new Code of Ethics.
Government last week gazetted Statutory Instrument 85 of 2015, immediately bringing the Code into force.
The Code was crafted in line with plans to grant the NPA greater autonomy.
Previously, the conduct of prosecutors was regulated under Public Service regulations, though this remained unlegislated.
Some of the ethics that the prosecutors are expected to uphold include integrity, independence, propriety, impartiality, equality, competence and diligence.
They should also not engage in or promote political interests or activities.
The Code reads in part, “A Prosecutor shall perform his or her duties without fear or prejudice.
A Prosecutor shall, so far as is reasonable, conduct himself or herself as to minimise the occasions on which it will be necessary for the Prosecutor to be disqualified from prosecuting cases.”
In the event that a prosecutor violates these regulations, a disciplinary committee will investigate the case and submit its findings and recommendations to the Prosecutor-General.
The ultimate decision on disciplinary action will be at the exclusive discretion of the NPA Board.
NPA corporate affairs, Mr Allen Chifokoyo told The Sunday Mail that these provisions will keep prosecutors in check, adding that incompetence will trigger dismissal.
“As we move towards professionalising the body, incompetence will not be tolerated,” he said.
“Prosecutors should keep themselves informed about relevant developments in international law, including international conventions and other instruments establishing human rights norms as well as any applicable limits of the Constitution.
The NPA was appointed in 2014, becoming operational in January 2015 in line with provisions of the new Constitution.
Its primary mandate is representing the State in all civil and criminal matters and is expected to become more effective once autonomous.
The conduct of prosecutors has been subject to scrutiny in recent times following a spate of impropriety in their ranks.
In 2009, Harare prosecutor Andrew Kumire was slapped with a five-day jail sentence for contempt of court.
This was after he had walked out of the courtroom after the presiding magistrate had delivered a ruling in a case involving lawyer Mr Alec Muchadehama.
Kumire then appealed the magistrate’s ruling hours later.
In 2013, another public law officer in the capital, Moffat Makuvatsine was arrested by members of the Anti-Corruption Commission for allegedly demanding a US$500 bribe to release a suspect.
Online Reporter