Zimbabwe Rule of Law Journal |177 The Zimbabwe Anti-Corruption Commission (ZACC)36 is constituted under s 255 and is primarily empowered to investigate and expose cases of corruption in the public and private sectors. Therefore, an infringement of s 174 of the Criminal Law (Codification and Reform) Act may be brought to the ZACC because its powers of investigation are criminal in nature. The National Prosecuting Authority (NPA) was established under s 258 and is empowered to institute criminal prosecutions on behalf of the State. Similar to ZACC, it is constituted as an independent body for the purposes of ensuring that it exercises its duties impartially, without fear or favour. The Auditor General is a public and independent office established under s 309. It plays a pivotal role in the detection of crime including corruption-related offences as one of its core functions is to audit the accounts, financial systems and financial management of all departments, institutions and agencies of government, all provincial and metropolitan councils and all local authorities. The Zimbabwe Human Rights Commission (ZHRC) was also established under s 242 and has powers to investigate all human rights abuses as well as act as a guardian for the public by protecting the public against abuse of power and maladministration by State and public institutions. The ZHRC took over the functions of the public protector37 an office which existed in terms of the old constitution. The functions of the public protector under the old constitution were to investigate administrative action taken by any officer, person or authority who was a member of any government ministry or department. Formerly, a complainant could allege that they had suffered injustice but there was no remedy reasonably available by way of court proceedings. 36 See also the Anti Corruption Commission Act: [Chapter 9:22] section 12-13 which describes the functions and powers of the Commission. 37 Section 107.

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