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Position
Paper on the Independent Anti Corruption Commission
Transparency International Zimbabwe
(TI-Z)
July 02, 2002
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Introduction TOP
Transparency
International (TI) is the only global not-for-profit organisation
and politically non-partisan movement combating corruption. It is
dedicated to increasing government accountability and curbing both
international and national corruption. Transparency International
recognises that the responsibility for corruption is a shared one
and its emphasis is on reforming systems, not exposing individuals.
Corruption undermines good governance, it distorts public policy
and leads to the misallocation of resources leading to low or slow
development and ultimately hurting those who can least afford it.
Corruption
generating conditions peculiar to the region include but are not
limited to the digital divide and poor information exchange, capacity
constraints and technical challenges associated with generating
demand for accountability in the midst of poverty and limited literacy,
north-south dependency, repressive political environments, lack
of credibility in international engagements and transparency inhibiting
legal regimes.
In order to
foster a culture of responsiveness, civil society engagement in
the policy process is being encouraged. The paradigm of developing
political will for ensuring adherence to transparency and accountability
through civil society participation with other stakeholders in governance,
informed the formation of Transparency International (T.I) in 1993.
T.I seeks to combat corruption through awareness raising and system
reform. The Secretariat is based in Berlin, Germany and there are
approximately 87 chapters in the world with 30 of them being in
Africa. These chapters are autonomous and they set out their own
programmes and seek their own funding.
The Zimbabwean
chapter of Transparency International (TIZ) was established in 1996
and its mission statement is to combat corruption in the public
and private sectors as well as in civil society through networks
of integrity. TIZ has made substantial strides in raising awareness
on anti-corruption activities in these sectors.
The Constitution
was amended after several calls had been made to deal with the escalating
cost of corruption in Zimbabwe. This was done through Amendment
No.16. This Amendment provides for the establishment of an Anti-Corruption
Commission. Although the Amendment was promulgated in 2000 the Commission
has still not been set up. Many hailed this amendment, as it was
long overdue, however the manner in which the amendment proposes
to set up this commission is unsatisfactory. The newly instituted
Nepad recognizes that anti- corruption institutions are required
for the economic success of African countries. In this paper TIZ
seeks to provide pointers for the creation of an independent anti-corruption
commission that is in keeping with transparency and accountability
using lessons learnt from other countries that have such a commission.
The paper will discuss the mistakes made as well as the successes
particularly from an African perspective.
Conclusion TOP
Having stated the above points,
in conclusion our submission is that the Anti-Corruption Commission,
should be independent, the selection of the commissioners should
involve the public and the powers of the commission should be broad
enough to encompass investigating corruption cases and prosecuting
them. This commission should be give powers to also play an active
part in public awareness programmes.
We are cognizant of the fact that some
of the issues we are raising require constitutional changes and
amendments to certain pieces of legislation but due to the importance
of the issues we are of the opinion that this should be done in
order to have a successful commission. This is in reference to the
fact that prosecution powers be given to the commission and taken
away from the Attorney General, amongst other issues.
An Independent Anti-Corruption Commission
is an important and necessary step for Zimbabwe to take, to be seen
to be serious about combating corruption in all sectors. Article
4 of the SADC Protocol Against Corruption states the preventative
measures that each signatory should take to ensure that corruption
is curbed. In section g) it states that institutions responsible
for implementing mechanisms for protecting, detecting, punishing
and eradicating corruption should be established. Since Zimbabwe
signed the Protocol, it should be seen to be implementing its articles.
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