Mliswa questions legality of Mnangagwa’s special anti-corruption unit

Q & A

HON. T. MLISWA:  My question is directed to the Minister of Justice, Legal and Parliamentary Affairs, Hon. Ziyambi.  Chapter 13 Part 1 talks about Zimbabwe Anti Corruption Commission with its functions of investigating.  Chapter 2 talks about the National Prosecuting Authority.  Section 258 and Section 254 is that of the Zimbabwe Anti-Corruption Commission headed by Mr. Thabani Mpofu has been established which is exactly doing the same roles as these two.  Which section of the Constitution empowers it to carry out that mandate?

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. Speaker Sir. There is absolutely no conflict at all within the functions of the Zimbabwe Anti-Corruption Commission, the Police and the Special Corruption Unit within the Office of the President. It is purely a special unit in his office and if they do their work, should they want to go and prosecute, our National Prosecution Authority Act allows the Prosecutor General to issue prosecutorial certificates to legal practitioners with special skills according to his own assessment where he sees that there are deficiencies and that is what is followed.  In so far as arresting is concerned, those that are vested with the powers are doing that.  This is purely a special unit within the office of the President with a specific mandate given by His Excellency the President and they do not and have never interfered with the work of any organ that is established in the Constitution.

HON. T. MLISWA: Mr. Speaker Sir, we are obliged to have a Speaker who is a lawyer. Not only that but also an advocate. The President functions through the Constitution and his appointments are constitutionally based.  I have asked a very simple question and you have admitted that ZACC is carrying out a mandate of investigating and prosecuting through an Act under the Prosecutor General’s office and it must be headed by a lawyer. Mr. Thabani Mpofu is now a lawyer.  So, why is he heading a department – [AN HON. MEMBER: He is a lawyer.] – can I finish.  Why is he heading the department? You cannot hide under the President’s name or office saying that he gives powers.  That is why I asked for a certain section which you being the Minister of Justice, Legal and Parliamentary Affairs, should tell us precisely because we are tired of being told these issues without citing the particular section of Act.

It is incumbent upon you as Minister of Justice, Legal and Parliamentary Affairs to tell me the Act and I will be convinced. Without that, it is hearsay.  I therefore, implore the Hon. Minister to tell us the Act which gives Mr. Thabani Mpofu the powers to do what the other constitutional bodies are mandated to do through the Constitution of Zimbabwe and under section 119 of the Constitution, we must uphold provisions of the Constitution.  The President cannot violate the Constitution, he is a lawyer.

HON. ZIYAMBI: Thank you Mr. Speaker Sir.  The Hon. Member is asking questions and he is answering himself at the same time.  The special unit is a unit in the President’s Office. Everyone in the office; the majority of them, are not in the Constitution.  Those that work in the President’s office, the President is mandated to set up his office and he has people that work for him and all of them are not in the Constitution.  He set up a unit that will assist him to fight corruption and the mandate is given by him. What they do is if the Prosecutor General so desires to have one of them appear in court to prosecute, he is the one with the authority to issue a prosecution certificate. If the Hon. Member has a case where they have been going around pretending to be police officers, then he can bring that forward.  In so far as I am concerned, they are doing a good job for His Excellency in terms of assisting in coming up with completed dockets for prosecution in terms of corruption cases.  I do not see any conflict at all with established constitutional bodies.  I thank you.

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