ZACC, NPA Rift Exposes Deep-Rooted Issues in Zimbabwe’s Justice System

By Shingirai Vambe

The recent spat between the Zimbabwe Anti-Corruption Commission (ZACC) and the National Prosecuting Authority (NPA) has exposed deep-seated issues within the country’s justice system. At the heart of the controversy is the current Prosecutor General, who previously served as the chairperson of ZACC. Ironically, during her tenure at ZACC, she faced criticism for the high number of cases that were dropped due to lack of evidence.

The same issues have resurfaced, with ZACC accusing the NPA of failing to prosecute high-profile corruption cases. One such case involves City of Harare employees implicated in a $9 million street light tender scandal. Despite ZACC’s efforts to investigate and gather evidence, the NPA ultimately dropped the charges, citing insufficient evidence.

This development has sparked concerns about the lack of political will to tackle corruption. The 9th Parliament had previously brought attention to several cases that were stalled due to the NPA’s inaction, despite the availability of sufficient evidence. The Speaker of Parliament, Jacob Mudenda, had raised questions about the NPA’s commitment to prosecuting corruption cases, highlighting the need for greater accountability and transparency.

The tension between ZACC and the NPA has underscored the challenges facing Zimbabwe’s anti-corruption efforts. As the country strives to combat corruption and promote good governance, it is essential that institutions like ZACC and the NPA work together effectively to ensure that those responsible for corruption are held accountable. Ultimately, the success of these efforts will depend on the ability of these institutions to put aside their differences and prioritize the fight against corruption.

Former Norton Legislator, and Chairman African Parliamentarians Network Against Corruption, Temba Mliswa told the Post On Sunday Newspaper that the system is screwed and captured, corruption is everywhere and there is serious lack of political will to deal with the cancer.

Citizens and opposition members in Zimbabwe have been vocalizing their discontent with the country’s justice delivery system, citing a disturbing trend of criminals evading punishment while innocent individuals languish in jail. The perceived breakdown in the justice system has raised more dust, with many questioning the impartiality and effectiveness of the country’s law enforcement and judicial institutions.

Critics argue that the system appears to be skewed in favor of those with power and influence, allowing high-profile criminals to walk free while ordinary citizens face harsh penalties for minor offenses. The issue has become a major point of contention in Zimbabwe, with opposition leaders and human rights activists calling for urgent reforms to address the perceived injustices and ensure that the justice system serves all citizens equally.”

The Zimbabwe Anti-Corruption Commission (ZACC) has been at the forefront of the fight against corruption in Zimbabwe, but despite its efforts, countless cases have never seen the light of day. The commission has been inundated with reports of corruption, ranging from petty bribery to grand scale embezzlement, but the lack of progress in prosecuting these cases has left many wondering if justice will ever be served.

One of the most notable cases that never saw the light of day was the investigation into the alleged corruption surrounding the procurement of the Chitungwiza Municipality’s water treatment plant. The case, which was reported to ZACC in 2018, involved allegations of bribery and embezzlement by senior municipal officials. Despite the commission’s efforts to investigate the matter, the case never made it to court, and the officials implicated in the scandal remain free same with Rusape Town Council case, rather the fired Secretary, Solomon Gabaza, was illegally reinstated..

Another case that highlights the challenges faced by ZACC is the investigation into the alleged corruption surrounding the Zimbabwe National Roads Administration (ZINARA). The case, which was reported to ZACC in 2019, involved allegations of embezzlement and bribery by senior ZINARA officials. Despite the commission’s efforts to investigate the matter, the case has stalled, and the officials implicated in the scandal remain in their positions.

The lack of progress in prosecuting corruption cases has not gone unnoticed. Many Zimbabweans have expressed frustration and disillusionment with the justice system, which they perceive as being biased in favor of those with power and influence. The opposition has also been vocal in its criticism of ZACC, accusing the commission of being toothless and ineffective.

The challenges faced by ZACC are numerous. One of the main obstacles is the lack of resources. The commission is severely underfunded, which has limited its ability to investigate and prosecute corruption cases. Additionally, the commission has faced resistance from powerful individuals and institutions, who have used their influence to block investigations and prosecutions. Despite these challenges, ZACC has continued to push forward, investigating and prosecuting corruption cases to the best of its ability. However, the lack of progress in prosecuting high-profile corruption cases has undermined the commission’s credibility and effectiveness.

In recent years, there have been calls for ZACC to be given more powers and resources to enable it to effectively investigate and prosecute corruption cases. There have also been calls for the establishment of a specialized anti-corruption court to deal with corruption cases. However, these calls have yet to be heeded, and the fight against corruption in Zimbabwe remains an ongoing challenge. The failure to prosecute corruption cases has had serious consequences for Zimbabwe. Corruption has become endemic, and the country has suffered as a result. The economy has stagnated, and many Zimbabweans have been forced to live in poverty. The lack of trust in the justice system has also undermined confidence in the government and institution.

Blessed Geza, a prominent war veteran, has made a startling allegation that Zimbabwe’s judicial system has been compromised by the executive branch of government. This claim suggests that the judiciary, which is supposed to be an independent arm of government, is no longer impartial and is instead being influenced by the executive.

Geza’s assertion is not an isolated one, as there have been previous concerns raised about the independence of Zimbabwe’s judiciary. Late legal practitioner, Dr Alex Magaisa earlier noted that the judiciary has been subject to capture by the executive, citing the tenure of former Chief Justice Godfrey Chidyausiku, Luke Malaba among many other as an example.

This perceived erosion of judicial independence has significant implications for the rule of law and democracy in Zimbabwe. If the judiciary is indeed being influenced by the executive, it undermines the ability of the courts to hold those in power accountable and to protect the rights of citizens