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Anti-Corruption Commission Bill, 2004 - [H.B. 3, 2004]
March 26, 2004

[Published 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 all sectors.

Currently, corruption 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].

These mechanisms 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:

Clause 1
This clause sets out the Bill's short title

Clause 2
This clause defines terms used throughout the Bill.

Clause 3
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.

Clause 4
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.

Clause 5
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.

Clause 6 and 7
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.

Clause 8
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

Clause 9
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.

Clause 10
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.

Clause 11
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.

Clauses 12 and 13
The functions of the Commission and its powers and duties are respectively detailed in these two clauses respectively.

Clause 14
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.

Clause 15
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.

Clause 16
The Commission is empowered by this clause to set up one or more committees to perform some of the Commission's functions.

Clause 17
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.

Clause 18
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.

Clause 19
This clause provides for the making by the Minister after consultation with the Commission of regulations necessary to give effect to the Act.

Presented 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.
2. Interpretation.
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.
19. Regulations.
Schedule: Powers of Commission.

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