Zimbabwe Anti-Corruption Commission Enhances Asset Recovery Efforts

The Zimbabwe Anti-Corruption Commission (ZACC) continues to be a central pillar in the nation's fight against graft, with recent updates highlighting its intensified focus on asset recovery and a strategic shift towards preventive measures. While ZACC has reported significant successes in seizing illicitly acquired assets, challenges persist regarding its prosecutorial powers and public perception. The impending National Anti-Corruption Strategy 2026-2030 signals a new era of inter-agency cooperation and accountability. This article examines ZACC's recent activities, its foundational legal framework, and the implications of its evolving mandate for legal practitioners in Zimbabwe, particularly in light of recent high-profile complaints challenging investigative integrity.

The Zimbabwe Anti-Corruption Commission (ZACC) remains at the forefront of efforts to curb corruption, a pervasive issue with significant economic and social ramifications for the country. Recent developments, including a high-profile complaint filed by a retired City of Harare acting town clerk seeking ZACC's investigation into alleged false implication in a land scam, underscore the complex and often contentious nature of anti-corruption enforcement. This incident highlights the critical role ZACC plays not only in prosecuting corruption but also in upholding the integrity of investigative processes and protecting individuals from malicious allegations. For legal practitioners, understanding ZACC's evolving mandate, its operational successes, and the challenges it faces is crucial for navigating the intricate landscape of anti-corruption law in Zimbabwe.

ZACC is established as an independent constitutional commission under Sections 254 and 255 of the Constitution of Zimbabwe (Amendment No. 20 of 2013). Its constitutional mandate is further operationalised by the Anti-Corruption Commission Act [Chapter 9:22]. The Commission's core functions include investigating and exposing cases of corruption in both public and private sectors, combating theft, misappropriation, abuse of power, and promoting honesty, financial discipline, and transparency. ZACC is empowered to receive and consider public complaints, direct the Commissioner-General of Police to investigate suspected corruption, and refer matters to the National Prosecuting Authority (NPA) for prosecution. However, a key structural limitation is that ZACC itself does not possess powers of arrest or prosecution, relying instead on the Zimbabwe Republic Police for arrests and the NPA for taking cases to court. This reliance has, at times, been cited as a factor impacting the timely conclusion of cases and has contributed to public perceptions of a 'catch and release' phenomenon.

In recent years, ZACC has demonstrably intensified its focus on asset recovery as a critical component of its anti-corruption strategy. The Commission reported handling 39 asset recovery and forfeiture cases in 2023, with a substantial combined value of US$135,196,250. By January 2024, ZACC announced the seizure of properties worth over US$130 million and referred 32 cases to the NPA for unexplained wealth orders and civil forfeitures. A notable success in this area includes a High Court order secured in February 2024 for the forfeiture of a vehicle fraudulently imported using a fake rebate letter, demonstrating ZACC's proactive approach to recovering tainted assets. Furthermore, in the first quarter of 2025, ZACC's Asset Recovery Unit completed 10 dockets, targeting the recovery of approximately US$1.6 million in ill-gotten wealth, with fraud and criminal abuse of office being the most frequently reported offences.

Despite these successes, ZACC has faced persistent criticism regarding its operational effectiveness, particularly concerning the perception of a 'catch and release' approach to high-profile corruption cases. This challenge is often attributed to the Commission's lack of direct prosecutorial powers, necessitating referral to the NPA, which can introduce delays. Recognising these systemic issues, Zimbabwe is poised to implement a new National Anti-Corruption Strategy 2026-2030 (NACS 2). This strategy signifies a crucial shift in the national anti-corruption drive, moving beyond a sole focus on arrests and prosecutions towards a more holistic approach encompassing prevention, enhanced accountability, and stronger inter-institutional cooperation.

The NACS 2 aims to strengthen the country's response across the entire anti-corruption chain, from prevention and investigations to prosecution and asset recovery. This strategic reorientation is particularly pertinent in light of recent events, such as the complaint lodged with ZACC by former City of Harare acting town clerk Phakamile Mabhena Moyo. Mr. Moyo's request for an investigation into allegations that fraud suspects deliberately supplied false information to the police, implicating him in a land scam, underscores the importance of robust and impartial investigative processes. Such cases highlight the need for ZACC to not only pursue corrupt individuals but also to safeguard due process and protect against the abuse of anti-corruption mechanisms, aligning with the NACS 2's emphasis on accountability and institutional integrity. The new strategy's success will largely depend on effective coordination among ZACC, the police, the NPA, and other stakeholders, ensuring that investigations are thorough, prosecutions are timely, and justice is served without fear or favour.

For legal practitioners in Zimbabwe, the evolving landscape of anti-corruption enforcement, spearheaded by ZACC, presents both opportunities and challenges. The Commission's heightened focus on asset recovery means that lawyers advising clients, particularly in commercial and public sector contexts, must be acutely aware of the robust mechanisms for unexplained wealth orders and civil forfeitures. The impending National Anti-Corruption Strategy 2026-2030 signals a move towards a more integrated and preventive approach, which will likely lead to increased scrutiny of corporate governance, procurement processes, and public sector conduct. Practitioners should anticipate a greater emphasis on compliance, internal controls, and ethical practices within organisations.

Furthermore, the recent high-profile complaint regarding alleged false implication in a corruption case underscores the critical importance of due process and the need for legal professionals to be prepared to defend clients against potentially unfounded allegations, while also assisting ZACC in its legitimate investigations. Staying abreast of ZACC's operational guidelines, legislative amendments, and the implementation of the NACS 2 will be paramount for effective legal counsel. The shift towards greater inter-agency cooperation also implies that practitioners may encounter more coordinated investigative efforts, requiring a comprehensive understanding of the mandates and powers of all institutions involved in the anti-corruption ecosystem.