Chapter 9:22

Anti-Corruption Commission Act

Act 13/2004, 23/2004 (s. 282)

ARRANGEMENT OF SECTIONS

Section

1. Short title and date of commencement.
3. Anti-Corruption Commission to be a corporate body.
4. Appointment of Chairperson and Deputy Chairperson of Commission.
5. Qualifications of Chairperson.
6. Tenure of office of members.
7. Conditions of service of members.
8. Disclosure of interests by members.
9. Disqualification for appointment as a member.
10. Termination of membership.
11. Objects of Commission.
12. Functions of Commission.
13. Powers of Commission.
14. Staff of Commission.
15. Meetings of Commission.
16. Committees of Commission.
17. Reports of Commission.
18. Funds of Commission.

SCHEDULE

Powers of Commission.

 

 

WHEREAS section 108A of the Constitution provides as follows:

“108A        Anti-Corruption Commission

• There shall be an Anti-corruption Commission consisting of at least four and not more than nine members appointed by the President.
• Persons appointed to the Anti-Corruption Commission shall be persons of integrity chosen for their knowledge of and experience in administration or the prosecution or investigation of crime or for their general suitability for appointment and—
• at least one shall be entitled to practise as a legal practitioner; and
• at least one shall be entitled to practise as an auditor or public accountant in Zimbabwe; and (c) at least one shall have had not less than ten years’ experience in the investigation of crime.
• The Anti-Corruption Commission shall have the following functions:—
• to combat corruption, theft, misappropriation, abuse of power and other improprieties in the conduct of affairs in both the public and private sectors;
• to make recommendations to the Government and to organizations in the private sector on measures to enhance integrity and accountability and to prevent improprieties; and
• to exercise any other functions that may be conferred or imposed on the Commission by or under an Act of Parliament.
• An Act of Parliament may confer powers on the Anti-Corruption Commission, including power— (a) to conduct investigations and inquiries on its own initiative or on receipt of complaints;
• to require assistance from members of the Police Force and other investigative agencies of the State; and
• through the Attorney-General, to secure the prosecution of persons for corruption, theft, misappropriation, abuse of power and other improprieties.”;

AND WHEREAS Heads of States and of Governments of the Southern African Development Community have, by signing the SADC Protocol Against Corruption on the 14th of August, 2001 in Blantyre, Malawi, accepted that corruption is a serious problem that needs to be tackled as a matter of extreme urgency, and committed themselves to fight corruption and undertaken to put in place measures and mechanisms that would eliminate the scourge of corruption;

AND WHEREAS it is desirable to make further provision for the Anti-Corruption Commission and for persons employed in connection with that Commission;

NOW THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as follows:—

1    Short title and date of commencement

This Act may be cited as the Anti-Corruption Commission Act [Chapter 9:22].

                       2    Interpretation

In this Act—

“Chairperson” means the Chairperson of the Commission appointed in terms of subsection (2) of section four;

“Commission” means the Anti-Corruption Commission constituted in terms of section 108A of the

Constitution;

“Deputy Chairperson” means the Deputy Chairperson of the Commission appointed in terms of subsection (2) of section four;

“judicial officer” means a judge, president, magistrate, presiding officer or other person presiding over a court or tribunal;

“member” means a member of the Commission, including the Chairperson and Deputy Chairperson;

“Minister” means the Minister of Special Affairs in the President’s Office in charge of the Anti-Corruption and Anti-Monopolies Programme or any other Minister to whom the President may from time to time assign the administration of this Act;

“offence related to corruption” means—

• any offence referred to in Chapter IX (“Bribery and Corruption”) of the Criminal Law Code; and
• any other offence specified by the Minister by notice in a statutory instrument after consultation with the Commission;

[Definition as amended by section 282 of Act 23 of 2004]

“officer” means an officer of the Commission appointed in terms of subsection (1) of section fourteen; “public office” means a paid office in the service of the State, a statutory body or a local authority;

“public officer” means—

• the President, a Vice-President, Minister or Deputy Minister; or
• a judicial officer; or
• a governor appointed in terms of an Act referred to in section IIIA of the Constitution; or
• a member of a council, board, committee or other authority which is a statutory body or local authority or which is responsible for administering the affairs or business of a statutory body or local authority; or

(d)   a person holding or acting in a public office;

“statutory body” means—

• any Commission established by the Constitution; or
• any body corporate established directly by or under an Act for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice President or by a Minister.

                       3     Anti-Corruption Commission to be a corporate body

The Anti-Corruption Commission shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate may by law perform.

                       4     Appointment of Chairperson and Deputy Chairperson of Commission

• The President shall appoint a Chairperson and a Deputy Chairperson from among the members of the Commission.
• If the office of the Chairperson is vacant or the Chairperson is absent from duty, the Deputy Chairperson shall, save where the President otherwise directs, act as Chairperson.

                       5    Qualifications of Chairperson

The Chairperson shall be a person who—

• has at least ten years experience in the investigation of crime; or
• has seven years post qualification experience as an auditor or public accountant; or
• is eligible to be appointed as a judge or has been a judge of the High Court or Supreme Court of Zimbabwe; or
• in the opinion of the President, is a person of ability and experience and distinguished in the public life of Zimbabwe.

                       6    Tenure of office of members

• The Chairperson shall hold office for a period of three years and may be re-appointed for another term of three years but shall not be eligible for reappointment thereafter.
• A member shall hold office for a period of two years and may be re-appointed for another term of two years but shall not be eligible for re-appointment thereafter.

                       7    Conditions of service of members

• The members shall hold office on such terms and conditions, including such terms and conditions relating to the payment of salary, allowances and pensions benefits as the President may fix in consultation with the Minister and the Minister responsible for finance.
• Each member shall, before entering upon his or her office, take and subscribe before the President, or some other person authorised by the President in that behalf, the oath or affirmation of office set out in Schedule 1 of the Constitution.
• The salaries, allowances and any pension benefits payable to the members shall be paid out of the Consolidated Revenue Fund, which is hereby appropriated for the purpose.
• The salary, allowances and pension benefits payable to a member under subsection (1) shall not be reduced during the period he or she holds the office concerned or acts as holder thereof.
• At the time of appointment every member shall undertake not to hold any other public office during his or her term of office.

                       8    Disclosure of interests by members

(1) Before any member performs any function as such, the member shall disclose in writing to the President the full extent of—

• every occupation, service or employment in which the member or his or her spouse engages for remuneration; and
• all assets held by the member or his or her spouse, in excess of such value as the President may specify.

(2) As soon as possible after the member or his or her spouse—

• commences any occupation, service or employment for remuneration; or
• acquires any asset in excess of such value as the President may have specified in terms of paragraph (b) of subsection (1); the member shall disclose that fact in writing to the President.

                       9    Disqualification for appointment as a member

(1) The President shall not appoint a person as a member and no person shall be qualified to hold office if that person—

• is not a citizen of Zimbabwe; or
• is under the age of forty years; or
• has been adjudged or otherwise declared insolvent or bankrupt in terms of a law in force in any country, and has not been rehabilitated or discharged; or
• has made an assignment to or arrangement or composition with his or her creditors in terms of a law in force in any country, and the assignment, arrangement or composition has not been rescinded or set aside; or
• has been convicted—
  • in Zimbabwe, in respect of an offence involving dishonesty; or
  • outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would have constituted an offence involving dishonesty

(2) A person who is—

• a member of Parliament; or
• a member of a statutory body; shall not be appointed as a member, nor shall that person hold office as a member.

(3) For the purposes of paragraph (b) of subsection (2) a person who is appointed to a council, board or other authority which is a statutory body, or which is responsible for the administration of the affairs of a statutory body, shall be regarded as a member of that statutory body.