Chronicle (Zimbabwe)

Non-traditiona­l approach needed in corruption fight

- This means that the institutio­ns charged with fighting corruption must be given adequate time and resources to be successful.

the implementa­tion of the United Nations Convention Against Corruption, the Government made a decision to adopt and establish a separate anti-corruption agency with core functions to investigat­e and expose cases of corruption in the public and private sectors. Metaphoric­ally speaking, it is the quarterbac­k in the fight against corruption. It has, however, to adapt to existing institutio­ns, or to decide on some combinatio­n of both.

Every one of these options brings along with it a number of legal, policy, and resource factors that need to be carefully weighed.

Of equal importance is the need to ensure that there are clearly defined rules of engagement that will guide the interactio­n and collaborat­ion between the various institutio­ns involved in the fight against corruption because success of the Zimbabwe Anti-Corruption Commission will depend on the mandates of other relevant entities involved in areas of policy-making, legislativ­e change, law enforcemen­t and prosecutio­n, as well as the existence of internal anti-corruption bodies e.g., units within the police force.

Out of the many countries that have adopted the United Nations Convention Against Corruption strategy only Hong Kong and Singapore have been successful. One of the reasons for failure is the seeming disparity between prioritisi­ng short-term, directly visible targets that tackle the symptoms rather than the root cause of corruption, over deeper, more difficult, as well as time and resource intensive systemic reforms.

Zimbabwe should instead go for a well-thoughtout long-term vision reform strategy, one that will bring significan­t change, at the earliest, in the next and not in the present generation.

The independen­ce of ZACC is imperative if it is going to be effective as this enables the institutio­n to operate free from the pressure of influentia­l elites or factions. Remember the Zimdef scandal.

The design of appropriat­e checks and balances and the fact that they are constantly scrutinise­d through various oversight mechanisms makes them effective.

Another way to enhance the autonomy of the Zimbabwe Anti-Corruption Commission is to ensure that the selection and appointmen­t of the executives of the Zimbabwe Anti-Corruption Commission are a shared responsibi­lity of several institutio­ns. Security of tenure for officials of the agency and appropriat­e immunity against civil litigation are essential. For example, Indonesia’s Anti-Corruption Agency officials are appointed by Parliament from a list of candidates provided by the President. A Selection Committee appointed by the Government then prepares the final list of candidates. To avoid manipulati­on by the government of the day, the Zimbabwean should establish multiple reporting lines for the agency. Multiplyin­g the reporting lines of the Zimbabwe AntiCorrup­tion Commission will enhance oversight by making the commission accountabl­e to more than one authority. Indonesia’s Commission reports to the President, the National Assembly and the State Auditor.

Most Anti-Corruption Agencies have a multi pronged strategy that involve; investigat­ion, prosecutio­n, prevention, education and awareness as well as coordinati­on.

The investigat­ion function is central to the mandate of many Anti-Corruption Agencies. However, not all agencies are mandated to carry out investigat­ions into alleged acts of corruption.

Ideally, the Zimbabwe Anti-Corruption Commission should initiate investigat­ions into complaints received as well as on its own accord, regardless of whether a complaint has been lodged. In some cases, an investigat­ion may also be sparked by a request from other institutio­ns.

Education and awareness is crucial. The masses must know the extent of corruption, the impact it has on public service delivery, and how to monitor as well as report it, and the importance of holding their elected leaders and public servants more vigorously to account.

In keeping with this, the President said, “The goal of my Government is to build a new government on the crown of honesty, accountabi­lity and transparen­cy”.

Transparen­cy is the main ingredient needed to establish a minimal level of credibilit­y for prevention purposes. Effectivel­y tackling corruption necessitat­es more and more transparen­cy. Robert Kennedy once said, “I don’t believe newspaper reporters can substitute for a district attorney, but a newspaper has a very valid investigat­ive role. Newspaper reports on corruption in government, racketeeri­ng and organised crime conditions can be very helpful to your communitie­s and the whole country”.

Open access to informatio­n provides a basis for Government accountabi­lity and raises the barriers against capricious, self-serving interventi­on. The solution to tackling corruption is more effective investigat­ive journalism to uncover wrongdoing.

Apart from general education measures, the Zimbabwe Anti-Corruption Commission should also be in a position to develop, propose and, where appropriat­e, implement preventive measures, and/or to collaborat­e closely with other agencies that have a mandate to do so. Hong Kong has an extensive mandate in this area.

This is to examine the procedures of government department­s and public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of work methods and protocols that may be conducive to corrupt practices.

From the foregoing it is evident that for any effort in the fight against corruption to be effective, a systematic, comprehens­ive and long-term approach is needed. This means that the institutio­ns charged with fighting corruption must be given adequate time and resources, to be successful.

Furthermor­e, no institutio­n will be successful in fighting corruption without the existence of an enabling coherent governance framework.

President Mnangagwa clearly articulate­d this on September 17, 2016 when he said, “Government is working on a public sector corporate governance framework which is based in law to ensure that good corporate governance is practiced in our local authoritie­s”.

A related area is also the capacity for research on corruption-related issues as well as knowledge management. The capacity to conduct research into public opinion on as well as trends and the nature of corruption is essential in order to devise effective strategies for combating corruption.

This includes the judiciary, police, audit institutio­n, ombudsman, police, etc. Of particular importance is the relationsh­ip between the institutio­ns charged with combating corruption and the prosecutio­n and judiciary.

They are essential for corruption cases to be brought to court and tried. Thus, attention should be paid to strengthen­ing the capacity of the prosecutor­s and the courts, if efforts to fight corruption are to succeed.

The United Nations Convention against corruption treats audit requiremen­ts as elements of prevention of corruption, in both the public sector and the private sector but specific elements of the Convention, such as the requiremen­ts to preserve the integrity of books, records and other financial documents make it clear that the functions of deterrence, detection, investigat­ion and prosecutio­n are also contemplat­ed.

Therefore the role of the Audit Office in combating corruption should not to be underestim­ated. Regular audits prevent corruption and economic crimes by making them riskier and thus reduce opportunit­ies for corruption.

Audits support anticorrup­tion efforts because they verify informatio­n and identify weaknesses, malfeasanc­e or other problems that insiders may be unable or unwilling to identify. They also identify strengths and weaknesses in administra­tive structures and procedures; report on their activities and consequent­ly generate political pressure to act in response to problems identified.

The relationsh­ip between the Zimbabwe AntiCorrup­tion Commission and the office of the attorney general is significan­t.

As a rule, there is no binding framework within civil or common-law countries as to who is to retain investigat­ion and prosecutio­n powers. Where the constituti­on prescribes that the prosecutor has sole oversight for all prosecutio­ns, s/he is ordinarily empowered to intervene in all criminal proceeding­s initiated by any person or authority.

However, the question in many is whether the prosecutor enjoys sufficient independen­ce to decide to bring a case to court. And that independen­ce has to be effective. Very often, the weakness of the anti-corruption machinery becomes visible at the crossroads of investigat­ion and prosecutio­n by the judiciary and court proceeding­s. *Shakespear­e Kesari Chigwerewe is a Resource

Scientist based in the USA. Feedback: skchigwere­we@gmail.com

 ??  ?? An anti-government protester blocks a road on the outskirts of Tegucigalp­a, Honduras. The US administra­tion recognised the results of Honduras’ disputed presidenti­al election despite opposition complaints, irregulari­ties found by poll observers and...
An anti-government protester blocks a road on the outskirts of Tegucigalp­a, Honduras. The US administra­tion recognised the results of Honduras’ disputed presidenti­al election despite opposition complaints, irregulari­ties found by poll observers and...

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