‘ZACC has no power to arrest’

The Minister of Legal Justice and Parliamentary Affairs, Retired Major General Happyton Bonyongwe
The Minister of Legal Justice and Parliamentary Affairs, Retired Major General Happyton Bonyongwe

Nqobile Tshili, Chronicle Correspondent
THE Zimbabwe Anti-Corruption Commission does not have arresting powers but is mandated to investigate and expose criminal cases before handing them to the police as outlined in the country’s Constitution, a Cabinet Minister has said.

The Minister of Legal Justice and Parliamentary Affairs, Retired Major General Happyton Bonyongwe, revealed this in the Senate on Thursday.

He was responding to MDC-T Midlands Senator Ms Lilian Timveos who had quizzed him on ZACC’s arresting powers status.

The Minister said although ZACC does not have arresting powers, it has authority to direct police to investigate criminal cases as spelt out in the commission’s roles.

“In summary, the Constitution does not bestow arresting powers to the ZACC as such; however, the Commission can act in co-operation with arresting authorities.

“It has a clear mandate to combat corruption and crime through investigating and exposing cases of corruption but is not limited to theft, misappropriation of funds, abuse of power and dishonesty in both the public and private sector.

“The Commission also has power to direct the Commissioner-General of Police to investigate cases of suspected corruption, to refer to the Prosecutor General matters for prosecution as well as to require assistance from members of the police,” said Rtd Maj Bonyongwe.

“From the foregoing, it is therefore clear that the Commission does not have powers to arrest. This does not however, preclude the commission from carrying out its mandate as provided in the Constitution for one or more of the following reasons.”

He said if police fail to comply with ZACC’s directives, the law enforcement agents will be in violation of the Constitution.  — @nqotshili.

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