News / National
Corrupt legislators and officials will be arrested
14 Mar 2012 at 00:24hrs | Views
THE Zimbabwe Anti-Corruption Commission has vowed to continue investigating and arresting legislators and officials accused of abusing the Constituency Development Fund.
ZACC chairman Mr Danford Chirindo yesterday expressed concern over reports suggesting that the commission had been directed to stop or halt in abeyance investigations into allegations of abuse of the fund.
"ZACC would like to reiterate unequivocally and unreservedly in terms of its mandate and powers as stated above that it will continue to investigate all reports relating to any cases of corruption, theft, misappropriation, abuse of power, and other improprieties including abuse of Constituency Development Funds; whether such reports have emanated from newspapers, individuals, corporate world or intelligence gathered by its officers.
"ZACC will continue to investigate all cases thoroughly, professionally without fear, favour or prejudice."
He said their vision was to rid society of corruption.
The commission is mandated by the Constitution to combat corruption, theft, misappropriation, abuse of power and improprieties in the conduct of affairs in both the public and private sectors. It also recommends to Government and organisations in the private sector "measures to enhance integrity and accountability and to prevent improprieties".
The commission also exercises any other functions conferred or imposed on it by or under an Act of Parliament.
Attorney-General Mr Johannes Tomana recently expressed concern at the way the commission had handled cases concerning the alleged abuse of the funds.
He accused the commission and the Ministry of Constitutional and Parliamentary Affairs of bringing to his offices "piecemeal" cases.
Mr Tomana urged the commission to do a thorough job to ensure no one complains when they are prosecuted.
Constitutional experts yesterday said Mr Tomana could not stop the investigation and arrest of offenders.
Constitutional law expert Professor Lovemore Madhuku said the Attorney-General can only decide whether or not to prosecute cases brought to his office.
"Prosecution powers of the AG are separate from duties of investigating crime and arresting of offenders.
"The AG cannot say to them 'do not investigate or investigate, but do not arrest'".
Prof Madhuku said the two offices have to work together as ZACC does not have power to prosecute.
Weekend media reports had indicated that Mr Tomana had stopped the investigation and arrest of MPs accused of abusing CDFs before a thorough audit of all the constituencies.
But on Monday, the AG said no one was immune to prosecution and said his decision to halt the arrest of lawmakers by the commission did not mean they could get away with it.
Only about 65, out of 210 constituencies have been audited.
The CDF is meant for constituency development projects and each MP got US$50 000.
So far, three MPs â€" Albert Mhlanga (Pumula), Marvelous Khumalo (St Mary's) and Franco Ndambakuwa (Magunje) have been arrested and their cases are still pending at the courts.
ZACC chairman Mr Danford Chirindo yesterday expressed concern over reports suggesting that the commission had been directed to stop or halt in abeyance investigations into allegations of abuse of the fund.
"ZACC would like to reiterate unequivocally and unreservedly in terms of its mandate and powers as stated above that it will continue to investigate all reports relating to any cases of corruption, theft, misappropriation, abuse of power, and other improprieties including abuse of Constituency Development Funds; whether such reports have emanated from newspapers, individuals, corporate world or intelligence gathered by its officers.
"ZACC will continue to investigate all cases thoroughly, professionally without fear, favour or prejudice."
He said their vision was to rid society of corruption.
The commission is mandated by the Constitution to combat corruption, theft, misappropriation, abuse of power and improprieties in the conduct of affairs in both the public and private sectors. It also recommends to Government and organisations in the private sector "measures to enhance integrity and accountability and to prevent improprieties".
The commission also exercises any other functions conferred or imposed on it by or under an Act of Parliament.
Attorney-General Mr Johannes Tomana recently expressed concern at the way the commission had handled cases concerning the alleged abuse of the funds.
He accused the commission and the Ministry of Constitutional and Parliamentary Affairs of bringing to his offices "piecemeal" cases.
Mr Tomana urged the commission to do a thorough job to ensure no one complains when they are prosecuted.
Constitutional law expert Professor Lovemore Madhuku said the Attorney-General can only decide whether or not to prosecute cases brought to his office.
"Prosecution powers of the AG are separate from duties of investigating crime and arresting of offenders.
"The AG cannot say to them 'do not investigate or investigate, but do not arrest'".
Prof Madhuku said the two offices have to work together as ZACC does not have power to prosecute.
Weekend media reports had indicated that Mr Tomana had stopped the investigation and arrest of MPs accused of abusing CDFs before a thorough audit of all the constituencies.
But on Monday, the AG said no one was immune to prosecution and said his decision to halt the arrest of lawmakers by the commission did not mean they could get away with it.
Only about 65, out of 210 constituencies have been audited.
The CDF is meant for constituency development projects and each MP got US$50 000.
So far, three MPs â€" Albert Mhlanga (Pumula), Marvelous Khumalo (St Mary's) and Franco Ndambakuwa (Magunje) have been arrested and their cases are still pending at the courts.
Source - TH
