National Prosecuting Authority calls ZACC to order

The National Prosecuting Authority (NPA) has urged the Zimbabwe Anti-Corruption Commission (ZACC) to respect the constitutional independence of government arms and resolve disputes through appropriate channels rather than public statements.

This comes after ZACC expressed dissatisfaction with the NPA's decision to withdraw fraud charges against Harare City Council Town Clerk Hosiah Chisango and four others in connection with a US$9 million streetlights tender.

ZACC chairperson Michael Reza, in a statement, insisted that the accused individuals should have defended themselves in court. "The Commission maintains that the accused persons are criminally liable for the fraudulent awarding of the tender and should defend their actions in court," Reza said, adding that ZACC plans to prefer new charges against the accused.

However, the NPA, led by Prosecutor General Justice Loice Matanda-Moyo, rebuked the anti-graft body, describing ZACC's statement as "pre-emptive and premature." Matanda-Moyo noted that a meeting had already been scheduled to address the matter, making the public statement unnecessary.

"In this particular matter, I have not personally reviewed the docket. I had requested a meeting with ZACC's chairperson and team to resolve the differences between the prosecutor and investigating officers. Before that could happen, I was surprised to see a statement circulating in the media," Matanda-Moyo said.

She stressed the importance of collaboration between agencies, including ZACC, the Zimbabwe Republic Police, and the NPA, to effectively tackle corruption. "If we break this teamwork, the beneficiaries will be the corrupt and the criminals. Collaboration and amicable resolution of disputes are crucial to ensuring cases proceed to trial," she added.

Matanda-Moyo underscored the independence of each agency while advocating for what she called "collaborative independence." She noted that while ZACC has discretion in conducting investigations, the NPA retains the prerogative to decide which cases to prosecute based on evidence.

The Prosecutor General also highlighted a procedural shift at the NPA, requiring prosecutors to draft charges themselves rather than rely on those drafted by investigative agencies. "It is the prosecutor who must be satisfied that there is a case with adequate evidence to take to court and secure a conviction," she said.

Despite the disagreement, Matanda-Moyo reiterated the shared goal of eradicating corruption and expressed optimism about maintaining a strong working relationship with ZACC. "We have a zero-tolerance policy towards corruption, and our decisions are guided by evidence. I am hopeful our scheduled meeting will help us align on this matter."

The withdrawn charges involved Chisango, Supply Chain Manager Never Murerwa, Principal Accountant Denford Zhungu, Engineering Technician Tawanda Mutenhabundo, and Principal Contracts Administrator Artkins Mandaza. Only Harare City Council Principal Buyer, Jabulani Mukomazi, will face the fraud charges.

Matanda-Moyo concluded by affirming the NPA's commitment to transparency and professionalism. "We take pride in being an NPA that operates transparently and professionally. Our focus remains on ensuring justice is served in the fight against corruption."

The meeting between ZACC and the NPA is expected to provide clarity on the disputed case and reinforce cooperation between the two critical anti-corruption arms.