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.
Select target paragraph3
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