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Commission Bill, 2004 - [H.B. 3, 2004]
March 26, 2004
in the Zimbabwe Government Gazette dated 26th March, 2004]
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This Bill will
provide for the establishment of the Anti-Corruption Commission in
Zimbabwe in compliance with section 108A of the Constitution.
The purpose of
establishing the Commission is to provide for an independent, powerful
and high profile body to spearhead the battle against corruption and
provide mechanisms to investigate corruption at all levels and in
is the responsibility of the Zimbabwe Republic Police acting in conformity
with the Prevention of Corruption Act [Chapter 9:16] and the Serious
Offences (Confiscation of Profits) Act [Chapter 9:17].
have proved inadequate to curb the scourge of corruption in the public
and private sectors, hence the need for a body with clearly stated
objectives and more effective procedures for the eradication of corruption.
In more detail,
the individual clauses of the Bill provide as follows:
This clause sets out the Bill's short title
This clause defines terms used throughout the Bill.
This clause provides for the establishment of the Anti-Corruption
Commission which shall be a body corporate capable of suing and being
sued in its corporate name.
This clause provides for the appointment of members of the Commission
by the President. The Commission shall consist of four but not more
than nine members all of whom should be forty years or above. The
clause also provides for the appointment of the Chairperson and Deputy
Chairperson by the President from members of the Commission.
This clause sets out the expected qualifications of the Chairperson
who will be appointed for his or her knowledge and experience in law,
auditing, public accountancy or investigation of crime.
These are standard provisions dealing with the tenure of office of
members, their conditions of service, remuneration and allowances
and the need to declare assets before appointment as a member. The
tenure of office for the Chairperson and other members is limited
to two three-year terms and two two-year terms respectively in order
to create inherent checks on the abuse of power.
This clause provides for the requirement of every member to disclose
to the President in writing the member's and also his or her spouse's
occupation and assets
This clause sets out disqualifications for appointment as a member
of the Commission. Persons who are not citizens of Zimbabwe, have
been declared insolvent or bankrupt, have committed crimes, are members
of two or more statutory bodies or are members of Parliament will
not be eligible for appointment to the Commission.
Since the essence of establishing the Commission is to curb and uproot
corruption in society, the appointed members should maintain the integrity
they exhibited to the society at the time of their appointment. This
clause provides for the termination of membership in cases where any
member subsequently falls short of the required standard of integrity
and in any other case.
The objects of the Commission are set out in this clause. Essentially
the Commission will have the primary responsibility of combating corruption
in the public and private sector.
12 and 13
The functions of the Commission and its powers and duties are respectively
detailed in these two clauses respectively.
This clause relates to the appointment of ancillary staff for the
Commission. The clause also provides for the terms and conditions
of employment of the officers and the termination of their appointment.
This clause requires the Chairperson to arrange meetings of the Commission.
It also provides for the quorum required at meetings and the need
for the Commission to keep minutes of its meetings.
The Commission is empowered by this clause to set up one or more committees
to perform some of the Commission's functions.
The Commission is required to submit an annual report of its operations
to the Minister and also publish such report. The Minister is required
to then place the report before Parliament.
This clause will provide for the financial affairs of the Commission
and sets out the sources of its funds. The Commission will be required
to keep proper books of accounts which shall be audited annually.
This clause provides for the making by the Minister after consultation
with the Commission of regulations necessary to give effect to the
by the Minister of Special Affairs in charge of
anti-corruption and anti-monopolies programme
Arrangement of sections
1. Short title and date of commencement.
3. Establishment of Anti-Corruption Commission.
4. Appointment of members.
5. Qualifications of Chairperson.
6. Tenure of office of members.
7. Conditions of service of members.
8. Disclosure of interests by members.
9. Disqualification for appointment as a member.
10. Termination and suspension of membership.
11. Objects of Commission.
12. Functions of Commission.
13. Powers of Commission.
14. Staff of Commission.
15. Meetings of Commission.
16. Committees of Commission.
17. Reports of Commission.
18. Funds of Commission.
Schedule: Powers of Commission.
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