By Dr Masimba Mavaza | OPINION | The Aljazeera documentary which raised great interest in Zimbabwe has turned out to be a celebrated ghost. Because elections are penned for this year 2023 the opposition has been trying to build a mountain out of the Aljazeera’s disappointing documentary.
(GOLDMAFIA3 VIDEO LOADING BELOW…)
Before its publication the documentary was projected to be a knock out punch aimed at ZANU PF’s head. Campaign speeches based on Aljazeera’s documentary were made but never to be read as the documentary failed to rise to the occasion.
The opposition and their handlers are making calls for the President to comment on this documentary. However the government responded and assured the nation that the Gold Mafia scandal is taken seriously and that if evidence becomes available those implicated will be prosecuted. The law will always catch up with you. If the documentary is revealing the truth then the culprits will face the music. The minister was very specific that no amount of name dropping will deter the courts from pursuing justice.
It is surely laughable that any person will try to accuse the president and ZANU PF for corruption in this case.
President Mnangagwa has pledged and declared war against corruption.
Zimbabwe is affected by corruption just like any other country in the world over. Corruption has debilitating effects and affects the most vulnerable citizens, the women, the children and the elderly at most. Zimbabwe signed the United Nation Convention against Corruption (UNCAC) on 20 February 2004 and ratified it on 8 March 2007, the Convention entered into force for Zimbabwe on 7 April 2007. Zimbabwe is a signatory to the African Union on Preventing and Combating Corruption (AUCPCC) which was adopted at the Second Ordinary Session of the Assembly of the Union, held in Maputo, Mozambique on 11 July 2003. It entered into force for Zimbabwe on 5 August 2006. To date thirty-four countries are members and State parties to the regional Convention including Zimbabwe.
In 2004, Zimbabwe signed the Southern Africa Development Community Protocol on Corruption (hereinafter the SADC Protocol) in response to a regional call for leaders to pledge their commitment in the fight against corruption. Thereafter, Zimbabwe amended its Constitution and a provision for the establishment of an anti-corruption body was included. The Anti-Corruption Commission Act was enacted in 2004 and the Commission was established in 2005. The Zimbabwe Anti-Corruption Commission (ZACC) is an independent body established by the Constitution and mandated to investigate and expose cases of corruption, combat corruption, theft, abuse of power and other improprieties in the public and private sectors. ZACC was put under the capable leadership of Her honour Justice Loice Matanda Moyo. (Sisi Loyi) with justice Matanda Moyo Zimbabwe has not looked back on the fight against corruption as it continues to make efforts to strengthen its capacity and legal framework on corruption.
It is common Knowlledge that the Zimbabwean economy has been on the meltdown and one of the major causes has been corruption. In order for Zimbabwe to arrest the scourge of corruption the Government showed its political will by ensuring the establishment of a national anti-corruption body.
There are positive developments which have been ushered by the new dispensation led by His Excellency, E. D Mnangagwa which will see the decentralization of the ZACC to all provinces. This is in line with the mantra “zero tolerance to corruption”.
The whole issue of the Gold Mafia is being blown way out of proportion.
Zimbabwe government can not steal from itself neither can the president steal from his own country.
The Zimbabwean legal system is based on the concept of separation of powers. There are three arms which are the executive, the legislature and the judiciary. The legislature is responsible for making the laws in Zimbabwe and these laws are enforced and implemented by institutions that are part of the executive. The judiciary is a separate arm that should ensure the rule of law is upheld and it should remain independent. The law enforcement agents are seized with the powers of investigating crime.
The Zimbabwe Anti-Corruption Commission is one of the law enforcement agencies which is seized with investigating all forms of corruption in Zimbabwe. The corruption offences are outlined in the Criminal Law Codification and Reform Act and some of the offences are bribery, criminal abuse of office as a public officer, fraud involving corruption, money. So it is not for the president to interfere in the investigations of the so called Gold Mafia. In terms of the Constitution of Zimbabwe
the Commission is mandated to investigate corruption cases and recommend the arrest of suspected persons.
The police should scrutinize the investigation and formulate a reasonable suspicion in order to effect arrest on a person suspected of having committed an offence. Thereafter, that is when the matter can be referred to the National Prosecuting Authority. The NPA has to prove beyond reasonable doubt in each and every case, that a particular suspect has committed an offence. The NPA is supposed to prosecute its cases before the court which is adjudicated by the judiciary. So Gold Mafia will not be tried by the High Court of social media. It might take long but we will see some faces before the courts.
The magistrates court is the court where all cases of corruption are initially prosecuted. A corruption case can be referred to the High Court depending on the threshold of the financial misappropriation or the seriousness of the offence. The High Court is the next court of first instance and appeal in terms of criminal offences and it is governed by the Constitution and the High Court Act.
The offences relating to corruption in Zimbabwe are stipulated in the Criminal Law Codification and Reform Act from sections 170 to section 174.
Zimbabwe boasts of a relatively good legislative framework with regard to corruption. There are a good number of pieces of legislation which relate to corruption. The supreme law of the land which is the Constitution of Zimbabwe has in its Chapter 13 made provisions for institutions which are responsible for combating corruption which are the Zimbabwe Anti-Corruption Commission and the National Prosecuting Authority, respectively. However, these key institutions have been buffered by the enactment of various legislation some of which are the Money-Laundering and Proceeds of Crime Act. Prevention of Corruption Act. Public Entities and Corporate Governance Act,Criminal Procedure and Evidence Act, and this is not an exhaustive list.
The latest response was the enactment of the Money- Laundering and Proceeds of Crime Amendment Act where the legislature addressed shortcomings of the anti-money laundering regime in terms of the requirements of the Financial Action Task-Force recommendations and United Nations Convention against Corruption.
Zimbabwe recently passed legislation on unexplained wealth orders or illicit enrichment. The law now requires that an enforcement authority can make a civil application to the High Court citing that they have reasonable suspicion that any person, natural or juristic, has unexplained wealth. The court if satisfied with the application can grant an unexplained wealth order restraining or freezing the property and requiring the Respondent to provide evidence to the contrary. This piece of legislation has enhanced the fight against corruption where many persons have acquired wealth illicitly and are laundering the funds into the legitimate system.
Zimbabwe is faced with the many challenges in fighting the scourge of corruption which are similar to other jurisdictions.
Zimbabwe, being a developing country, is making headway in its anti-corruption efforts, although the challenges faced sometimes outweigh the progress. In its attempt to continue being relevant in the anti- corruption regime, Zimbabwe continues to strengthen its collaborations with national, regional and international partners. Zimbabwe welcomes the Aljazeera documentary and indeed action will be taken. It is Zimbabweʼs hope to continue to have its institutions strengthened through capacity-building and strong partnerships.
ED has shown his bravery and that he is a man of his word. Corruption is being dealt with and as much as the justice system is so slow very soon we will see the prosecutions of many corrupt people and those involved in the Gold Mafia.
We must put our trust in ED.
#ED MUST HAVE YOUR VOTE
[email protected]