CHAPTER 13. INSTITUTIONS TO COMBAT CORRUPTION AND CRIME
PART 1. ZIMBABWE ANTI-CORRUPTION COMMISSION
254. Establishment and composition of Zimbabwe Anti-Corruption Commission
There is a commission to be known as the Zimbabwe Anti-Corruption Commission consisting of–
a chairperson appointed by the President after consultation with the Committee on Standing Rules and Orders; and
eight other members appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders.
Members of the Zimbabwe Anti-Corruption Commission must be chosen for their integrity and 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 must be qualified to practise as a legal practitioner in Zimbabwe, and have been so qualified for at least seven years;
at least one must be qualified to practise as a public accountant or public auditor in Zimbabwe, and have been so qualified for at least seven years; and
at least one must be a person with at least ten years’ experience in the investigation of crime.
255. Functions of Zimbabwe Anti-Corruption Commission
The Zimbabwe Anti-Corruption Commission has the following functions–
to investigate and expose cases of corruption in the public and private sectors;
to combat corruption, theft, misappropriation, abuse of power and other improper conduct in the public and private sectors;
to promote honesty, financial discipline and transparency in the public and private sectors;
to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate;
to direct the Commissioner-General of Police to investigate cases of suspected corruption and to report to the Commission on the results of any such investigation;
to refer matters to the National Prosecuting Authority for prosecution;
to require assistance from members of the Police Service and other investigative agencies of the State; and
to make recommendations to the Government and other persons on measures to enhance integrity and accountability and prevent improper conduct in the public and private sectors.
The Commissioner-General of Police must comply with any directive given to him or her by the Zimbabwe Anti-Corruption Commission under subsection (1)(e).
The Government must ensure, through legislative and other means, that the Zimbabwe Anti-Corruption Commission has power to recommend the arrest and secure the prosecution of persons reasonably suspected of corruption, abuse of power and other improper conduct which falls within the Commission’s jurisdiction.
256. Application of certain provisions of Chapter 12 to Zimbabwe Anti-Corruption Commission
Sections 234, 235, 236 and 237 apply to the Zimbabwe Anti-Corruption Commission and its members as if it were an independent Commission established by Chapter 12.
257. Reports by Zimbabwe Anti-Corruption Commission
In addition to the report it is required to submit in terms of section 323, the Zimbabwe Anti-Corruption Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to improper conduct in the public and private sectors which, in the Commission’s opinion, should be brought to the attention of Parliament.
PART 2. NATIONAL PROSECUTING AUTHORITY
258. Establishment and functions of National Prosecuting Authority
There is a National Prosecuting Authority which is responsible for instituting and undertaking criminal prosecutions on behalf of the State and discharging any functions that are necessary or incidental to such prosecutions.
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There is a Prosecutor-General who is the head of the National Prosecuting Authority.
The office of the Prosecutor-General is a public office but does not form part of the Civil Service.
The Prosecutor-General is appointed by the President on the advice of the Judicial Service Commission following the procedure for the appointment of a judge.
The Prosecutor-General must be a person qualified for appointment as a judge of the Supreme Court.
The term of office of the Prosecutor-General is a period of six years and is renewable for one further such term.
Before taking office, the Prosecutor-General must take, before the President or a person authorised by the President, the oath of office in the form set out in the Third Schedule.
The provisions relating to the removal of a judge from office apply to the removal of the Prosecutor-General from office.
The conditions of service of the Prosecutor-General, including his or her remuneration, must be provided for in an Act of Parliament, but the remuneration must not be reduced during the Prosecutor-General’s tenure of office.
The remuneration of the Prosecutor-General is a charge on the Consolidated Revenue Fund.
An Act of Parliament must provide for the appointment of a board to employ persons to assist the Prosecutor-General in the exercise of his or her functions, and must also provide–
for the qualifications of those persons;
for the conditions of service, conduct and discipline of those persons;
that in exercising their functions, those persons must be independent and impartial and subject only to the law and to the direction and control of the Prosecutor-General;
for the structure and organisation of the National Prosecuting Authority; and
generally, for the efficient performance and well-being of the National Prosecuting Authority.
The Prosecutor-General may direct the Commissioner-General of Police to investigate and report to him on anything which, in the Prosecutor-General’s opinion, relates to an offence or alleged or suspected offence, and the Commissioner-General of Police must comply with that direction.
260. Independence of Prosecutor-General
Subject to this Constitution, the Prosecutor-General–
is independent and is not subject to the direction or control of anyone; and
must exercise his or her functions impartially and without fear, favour, prejudice or bias.
The Prosecutor-General must formulate and publicly disclose the general principles by which he or she decides whether and how to institute and conduct criminal proceedings.
261. Conduct of officers of National Prosecuting Authority
The Prosecutor-General and officers of the National Prosecuting Authority must act in accordance with this Constitution and the law.
No officer of the National Prosecuting Authority may, in the exercise of his or her functions–
act in a partisan manner;
further the interests of any political party or cause;
prejudice the lawful interests of any political party or cause; or
violate the fundamental rights or freedoms of any person.
Officers of the National Prosecuting Authority must not be active members or office-bearers of any political party or organisation.
An Act of Parliament may make further provision to ensure the political neutrality of officers of the National Prosecuting Authority.
262. Prosecutor-General to report annually to Parliament
The Prosecutor-General must submit to Parliament, through the appropriate Minister, an annual report on the operations and activities of the National Prosecuting Authority, the report being submitted not later than six months after the beginning of the year following the year to which the report relates.
263. Other powers of prosecution
An Act of Parliament may confer powers of prosecution on persons other than the National Prosecuting Authority, but those powers must not limit or conflict with the Authority’s powers under this Part.
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