COMMISSIONS WATCH

ZIMBABWE ANTI-CORRUPTION COMMISSION

[15th February 2019]

Parliament Calls on Public to Nominate Candidates for Appointment

to the Zimbabwe Anti-Corruption Commission

Following the resignation of the chairperson and all the members of the Zimbabwe Anti-Corruption Commission on the 31^st January, the President must appoint persons to replace them.  [Constitution, sections 254, and 237]. 

The appointment of the chairperson is a matter for the President after consultation with Parliament’s Standing Rules and Orders Committee. Section 339(2) of the Constitution stipulates how this consultation must be conducted but leaves the final decision to the President, who is not obliged to follow any recommendations made by the Committee. 

The procedure for the appointment of Commission members is different.  The are eight members, and they are appointed from a list of at least twelve nominees submitted to the President by the Standing Rules and Orders Committee.  The nomination procedure is the same as that laid down by section 237 of the Constitution for the Committee’s nomination of persons for appointment to the five Chapter 12 Independent Commissions. 

The Committee has just taken the first two steps in that procedure by publishing a public notice advertising the eight positions needing to be filled and inviting the public to make nominations of qualified individuals.  In due course the Committee will have to conduct public interviews of prospective candidates, prepare a list of the appropriate number of its nominees for appointment [at least 12] and then submitting the list to the President.  Relevant provisions of the Constitution are sections 254 and other sections it makes applicable to the Commission and its members – 234, 235, 236 and 237.  Prospective candidates should read and digest section 235 [on the independence of commissions] and  236 [requiring Commission members to be non-political] to appreciate what is involved in membership of Commission.  The qualifications required and the Commission’s functions are set out in Parliament’s public notice. 

The deadline for submission of nominations to Parliament is end of day Friday 28^th February.  Details of how to submit nominations are set out in Parliament’s public notice, the full text of which is set out below.  The nomination form is available on the Veritas website [link]

CALL FOR PUBLIC NOMINATIONS FOR PERSONS TO SERVE ON ZIMBABWE ANTI-CORRUPTION COMMISSION

The Standing Rules and Orders Committee of the Parliament of Zimbabwe is mandated in terms of sections 237 and 254 of the Constitution, to nominate candidates for appointment by his Excellency the President to serve as Commissioners on the Zimbabwe Anti-Corruption Commission provided for in Chapter 13 Part 1 of the Constitution.

Vacancies have arisen in the Zimbabwe Anti- Corruption Commission following the resignation of the Chairman and Commissioners of the Commission on the 31^st of January, 2019 before the expiry of their term of office.

Accordingly, the Standing Rules and Orders Committee is hereby calling on the Public to nominate persons to be considered for appointment to this Commission.

The functions of the Commission and the person specifications are given below.

Functions of Zimbabwe Anti-Corruption Commission

(Section 255 of the Constitution)

The Zimbabwe Anti-Corruption Commission has the following functions —

• to investigate and expose cases of corruption in the public and private sectors;
• to combat corruption, theft, misappropriation, abuse of power and other improper conduct in the public and private sectors;
• to promote honesty, financial discipline and transparency in the public and private sectors;
• to receive and consider complaints from the public and to take such action in regard to the complaints as the Commission considers appropriate;
• to direct the Commissioner-General of Police to investigate cases of suspected corruption and to report to the Commission on the results of any such investigation;
• to refer matters to the National Prosecuting Authority for prosecution;
• to require assistance from members of the Police Service and other investigative agencies of the State; and
• to make recommendations to the Government and other persons on measures to enhance integrity and accountability and prevent improper conduct in the public and private sectors.

Person Specifications

Members of the Zimbabwe Anti-Corruption Commission must be chosen for their integrity and their knowledge of and experience in administration or the prosecution or investigation of crime or for their general suitability for appointment, and —

• at least one must be qualified to practise as a legal practitioner in Zimbabwe, and have been so qualified for at least seven years;
• at least one must be qualified to practise as a public accountant or public auditor in Zimbabwe, and have been so qualified for at least seven years; and
• at least one must be a person with at least ten years’ experience in the investigation of crime.

Nomination material must consist of a typewritten submission of no more than two A4 pages long stating why the person nominated is a suitable candidate together with a completed nomination form which can be obtained at Parliament offices or downloaded from the website: www.parlzim.gov.zw

Nominations must be addressed to the Clerk of Parliament in envelopes clearly marked with the name of the Commission and must either be posted, hand delivered or emailed to:

The Clerk of Parliament

Parliament of Zimbabwe

Parliament Building

Cnr. K. Nkrumah Avenue and Third Street

P.O. Box CY 298

Causeway

Harare

Email: zaccnomination@parlzim.gov.zw

Closing date of submission of nominations is end of day Friday 28^th February 2019

Documents available on Veritas website

Constitution Consolidated (2018), i.e., incorporating Amendment No. 1 (2017) [link]

Nomination form [link]