176 | Zimbabwe Rule of Law Journal
(1) If a public officer, in the exercise of his or her functions as such, intentionally
(a) does anything that is contrary to or inconsistent with his or her duty as a public officer;
or
(b) omits to do anything which it is his or her duty as a public officer to do; for the purpose of
showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as
a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not
exceeding fifteen years or both.
(2) If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public
officer, in breach of his or her duty as such, did or omitted to do anything to the favour or
prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did
or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be,
to that person.
(3) For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public
officer is not committed by a public officer who does or omits to do anything in the exercise
of his or her functions as such for the purpose of favouring any person on the grounds of race
or gender, if the act or omission arises from the implementation by the public officer of any
Government policy aimed at the advancement of persons who have been historically disadvantaged
by discriminatory laws or practices.
Unfortunately, s 174 only deals with conduct which amounts to “showing favour or disfavour to any
person” and does not comprehensively address all aspects of corruption related activities and abuse
of office those public officials should be held liable for when in violation of such laws.
Institutional Mechanisms as a Means for Redress
There are several institutional mechanisms existing in Zimbabwe with the constitutional mandate
to promote the rule of law and hold those responsible for criminal conduct and conduct in violation
of the constitution to account.
Select target paragraph3
Add to table of contents