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Anti-Corruption
Commission Act [Chapter 9:22]
Act 13/2004 (General Notice 548/2004)
November 26, 2004
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Published in Government
Gazette 26th November, 2004 as Act 13/2004 (General Notice 548/2004)
Effective: January 14, 2005, brought into operation by SI 4/2005
CHAPTER
9:22
ANTI-CORRUPTION
COMMISSION ACT
ARRANGEMENT OF
SECTIONS
Section
1. Short title and date of commencement.
2. Interpretation.
3. Anti-Corruption Commission to be a corporate body.
4. Appointment of Chairperson and Deputy Chairperson of Commission.
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 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.
Act
To provide for the establishment of the Anti-Corruption
Commission in order to combat corruption, and to provide for matters connected
with or incidental to the foregoing.
WHEREAS section 108A
of the Constitution provides as follows:
“108A Anti-Corruption
Commission
(1) There shall be an Anti-corruption Commission consisting of at least
four and not more than nine members appointed by the President.
(2) Persons appointed to the Anti-Corruption Commission shall be persons
of integrity chosen for their knowledge of and experience in administration
or the prosecution or investigation of crime or for their general suitability
for appointment and—
(a) at least
one shall be entitled to practise as a legal practitioner; and
(b) at least one shall be entitled to practise as an auditor or public
accountant in Zimbabwe; and
(c) at least one shall have had not less than ten years’ experience
in the investigation of crime
(3) The Anti-Corruption
Commission shall have the following functions:—
(a) to combat
corruption, theft, misappropriation, abuse of power and other improprieties
in the conduct of affairs in both the public and private sectors;
(b) to make recommendations to the Government and to organizations
in the private sector on measures to enhance integrity and accountability
and to prevent improprieties; and
(c) to exercise any other functions that may be conferred or imposed
on the Commission by or under an Act of Parliament.
(4) An Act of Parliament
may confer powers on the Anti-Corruption Commission, including power—
(a) to conduct
investigations and inquiries on its own initiative or on receipt of
complaints;
(b) to require assistance from members of the Police Force and other
investigative agencies of the State; and
(c) through the Attorney-General, to secure the prosecution of persons
for corruption, theft, misappropriation, abuse of power and other
improprieties.”;
AND WHEREAS Heads
of States and of Governments of the Southern African Development Community
have, by signing the SADC Protocol Against Corruption on the 14th of August,
2001 in Blantyre, Malawi, accepted that corruption is a serious problem
that needs to be tackled as a matter of extreme urgency, and committed
themselves to fight corruption and undertaken to put in place measures
and mechanisms that would eliminate the scourge of corruption;
AND WHEREAS it is
desirable to make further provision for the Anti-Corruption Commission
and for persons employed in connection with that Commission;
NOW THEREFORE, be
it enacted by the President and the Parliament of Zimbabwe as follows:—
1 Short title
and date of commencement
(1) This Act may be cited as the Anti-Corruption Commission Act [Chapter
9:22].
(2) This Act shall come into operation on a date to be fixed by the President
by statutory instrument:
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