Zimbabwe Anti-Corruption Commission Commissioners: Roles, Powers, and Challenges

The Zimbabwe Anti-Corruption Commission (ZACC) plays a pivotal role in the nation's fight against corruption, operating as an independent constitutional body. Its effectiveness hinges significantly on the integrity, expertise, and operational capacity of its Commissioners. This article examines the legal framework governing the appointment, functions, and powers of ZACC Commissioners, primarily derived from the Constitution of Zimbabwe and the Anti-Corruption Commission Act [Chapter 9:22]. It delves into their mandate to investigate and expose corruption, combat illicit activities, and promote transparency across public and private sectors. Despite recent efforts to bolster its composition and powers, ZACC continues to navigate challenges, particularly concerning its lack of prosecutorial authority and resource constraints, which impact its perceived efficacy and the timely conclusion of cases.

The scourge of corruption remains a significant impediment to economic development and good governance in Zimbabwe. In response, the Zimbabwe Anti-Corruption Commission (ZACC) stands as a critical institution, constitutionally mandated to lead the charge against graft. At the heart of ZACC's operations are its Commissioners, whose collective expertise and commitment are fundamental to the Commission's ability to fulfil its extensive mandate. Their roles extend beyond mere oversight, encompassing active participation in investigations, policy formulation, and public education aimed at fostering a culture of integrity.

This article provides a comprehensive overview of the legal and operational landscape surrounding ZACC Commissioners. It will explore the constitutional and statutory provisions that establish their authority, detail the rigorous appointment process designed to ensure their suitability, and delineate their specific powers and functions. Furthermore, the article will critically analyse the persistent challenges that confront ZACC and its Commissioners, including limitations in their enforcement capabilities and resource deficiencies, which often shape public perception and the ultimate impact of their anti-corruption efforts. Understanding these dynamics is crucial for legal practitioners advising clients on matters involving ZACC investigations and for stakeholders monitoring the trajectory of anti-corruption reforms in Zimbabwe.

The Zimbabwe Anti-Corruption Commission is an independent constitutional commission established under Sections 254 and 255 of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013. This constitutional mandate is further operationalised by the Anti-Corruption Commission Act [Chapter 9:22], which provides for the establishment, functions, powers, governance, and administration of the Commission. As a Chapter 13 institution, ZACC is explicitly required to exercise its powers and perform its functions without fear, favour, or prejudice, underscoring its intended impartiality and independence.

The primary functions of ZACC, as outlined in the Constitution and the Act, include investigating and exposing cases of corruption, theft, misappropriation, abuse of power, and other improper conduct in both the public and private sectors. The Commission is also tasked with promoting honesty, financial discipline, and transparency, receiving and considering public complaints, and making recommendations to the Government on measures to enhance integrity and prevent improper conduct. The appointment of ZACC Commissioners is a structured process: the Commission is headed by a Chairperson and eight Commissioners, who are appointed by the President in consultation with Parliament's Standing Rules and Orders Committee (CSRO). The CSRO is responsible for advertising the positions, inviting public nominations, conducting public interviews, and submitting a list of suitable nominees to the President. Commissioners are selected based on their integrity and experience in fields such as law, auditing, investigation, or public administration, with specific requirements for legal and accounting professionals.

The powers vested in ZACC Commissioners are substantial, particularly in their investigative capacity. Section 255(1)(e) of the Constitution empowers ZACC to direct the Commissioner-General of Police to investigate cases of suspected corruption and report back to the Commission. A significant development in enhancing ZACC's operational capabilities occurred with the gazetting of Statutory Instrument 143 of 2019, the Criminal Procedure and Evidence (Designation of Peace Officers) (Amendment) Notice, 2019 (No. 3). This instrument designated ZACC officers as "peace officers" for all purposes under the Criminal Procedure and Evidence Act [Chapter 9:07], effectively granting them powers of arrest akin to those of police officers. This was a crucial step, as previously ZACC relied on the police for arrests, often leading to delays and potential loss of evidence.

Despite these enhanced investigative and arrest powers, a critical limitation for ZACC and its Commissioners remains the absence of prosecutorial authority. ZACC is mandated to refer matters to the National Prosecuting Authority (NPA) for prosecution. This separation of powers, while intended to ensure checks and balances, has frequently been cited as a major impediment to the timely and effective conclusion of corruption cases. Reports indicate that ZACC often faces delays in prosecution, and some cases, even high-profile ones, have stalled or been dropped by the NPA due to alleged insufficient evidence or other reasons, leading to public frustration and questions about ZACC's overall effectiveness.

Furthermore, ZACC has faced a myriad of institutional and operational challenges. These include insufficient funding, understaffing, and a perceived lack of political will to tackle high-level corruption. The process of presidential appointment, even with parliamentary consultation, has sometimes led to concerns about the Commission's independence. There have also been instances where Commissioners themselves faced allegations of misconduct, leading to tribunals of inquiry, as seen with Commissioner Frank Muchengwa, highlighting the need for unwavering integrity within the Commission.

Recent developments, such as the appointment of new Commissioners in April 2025, including a new Chairperson, Michael Reza, in March 2024, aim to address some of these capacity gaps by ensuring a full complement of members with diverse expertise. This renewal is expected to strengthen ZACC's ability to execute its mandate more effectively, particularly in areas like investigations, asset recovery, and prevention of corruption, as Commissioners often chair specific committees within the Commission.

The Zimbabwe Anti-Corruption Commission, through its Commissioners, is a cornerstone of the country's anti-corruption architecture. While the legal framework provides a robust mandate for investigation and prevention, the operational realities present significant hurdles. The recent appointments of new Commissioners signal a renewed commitment to strengthening the institution, which is vital for enhancing public trust and achieving tangible results in the fight against corruption.

For legal practitioners, understanding the powers and limitations of ZACC is paramount. Engagements with ZACC, particularly during investigations, require a nuanced approach, acknowledging their arrest powers but also their reliance on the NPA for prosecution. Practitioners should closely monitor legislative reforms aimed at addressing ZACC's prosecutorial limitations or enhancing inter-agency cooperation. The ongoing efforts to capacitate ZACC and ensure the integrity of its Commissioners will be critical indicators of Zimbabwe's progress in combating corruption, demanding continued scrutiny from the legal community and civil society alike.