The Sunday Mail
Clemence Machadu
Howdy folks!
The establishment of specialised anti-corruption courts by the Judicial Services Commission is an idea that comes at a time the country is undergoing radical transformation on the economic and social fronts.
I think this is a long overdue development for a country such as Zimbabwe given how there is a general annoyance regarding how the country’s ordinary system of justice deals with corruption.
In light of the above, it is therefore everyone’s hope that the anti-corruption courts will foster greater efficiency in promptly resolving corruption cases.
In my view, the anti-corruption courts are indispensable when it comes to addressing systemic corruption.
Corruption is the biggest cancer in the country and is rampant in both Government and the private sector.
Folks, corruption is actually a sub-structure of most of the socio-economic challenges facing the country right now and it certainly cannot be business as usual.
Even the Corruption Perceptions Index has ranked Zimbabwe at number 157 out of 175 countries; and it will be foolhardy for a country with such a poor ranking not to have specialised anti-corruption courts.
It is therefore hoped that these courts will promptly deal with the corruption cases.
But obviously, the question many will rightfully ask is whether these courts will stamp out endemic corruption in Zimbabwe.
There has always been an argument that some people are corrupt, but are walking freely because they are protected by the political system of the day.
How can that one be dealt with?
This issue is certainly not one of those requiring Mama to give us a signal as everything is unequivocally clear.
Folks, Zimbabwe is a constitutional democracy wherein the powers of Government are ideally limited by law. We have a sacrosanct national Constitution which those in power ought to obey.
You see, in a typical constitutional democracy, no one is above the law.
The law is not indiscriminate on the basis of political affiliations or beliefs, or any other criteria such as economic status, ethnicity, race, you name it.
The law applies to the governors as well as the governed.
And if we do not see that happening, we the people, as the ultimate source of the authority of the Government, will always exercise our right to reject governments that do not take corruption seriously.
President Mnangagwa, as Head of State and Government, has already set the tone on corruption.
“In fighting corruption, we don’t have friends. It’s each man for himself. I’m happy that most of the people in the leadership accept the concept of fighting corruption,” he has said.
The ball is therefore now in the courts of the Judiciary.
While the principle rationale behind the establishment of these courts apparently gives an impression that Government is stepping up efforts in dealing with corruption, the manner in which they are going to be operated will give the final verdict.
The onus is, therefore, on the powers that be and their rank and file to inspire hope in the ability of the appointed judges to act independently and exercise their discretion.
These new courts should be viewed by the public and other stakeholders as genuine platforms with the capability to jail offenders no matter who they are. No sacred cows!
Another important aspect is to ensure that corruption investigators are capacitated with advanced forensic skills to establish concrete evidence to prosecute offenders.
Otherwise, committing corruption is one thing and being found guilty is another.
Most offenders are very smart and tend to wipe their traces so that nobody can bring them to book.
It, therefore, requires that those presiding over these cases be dynamically capacitated to handle such cases; otherwise without that the courts will likely not live up to expectations.
In the country’s Constitution, we have an institution called the Zimbabwe Anti-Corruption Commission.
This institution is empowered by Section 255 to investigate and expose cases of corruption in the public and private sectors and to direct matters to the Commissioner-General of Police to investigate cases of suspected corruption.
Zacc is also empowered to refer matters to the National Prosecuting Authority for prosecution.
We have, however, seen many high profile cases dying, not because of the status of the persons involved, but due to lack of evidence.
It is, therefore, imperative for corruption investigators to have dynamic skills and to be equipped and capacitated adequately, as alluded earlier.
Folks, you will agree with me that the establishment of these courts are a proper reaction to chase the corruption demon to the colossal gates of hell.
But it is also critical for us to be proactive. Prevention, as they say, is far much better than cure.
Government should also come up with measures to prevent corruption in our midst.
For a low income country such as ours, many people’s incomes are lower than the cost of living, which creates an inclination for people to be corrupt when they get an opportunity.
This goes with the Shona adage “mbudzi inofurira payakasungirirwa”.
So, improving the incomes of Government workers such that they surpass the cost of living might help deal with corruption.
For example, it will leave no reason for traffic police officers to take bribes on the roads.
Improving incomes should be the goal as the economy grows.
It is also important to strengthen administrative systems which have loopholes that are taken advantage of by would-be offenders.
The use of technology can also help reduce corruption, as we have seen that happening in some Government departments and agencies which are modernising their operations.
It is also important to streamline the frustrating bureaucracies in Government and other departments as these compel those who want to speed up their processes to offer bribes.
Later folks!
Clemence Machadu is an economist, researcher and consultant. He writes for The Sunday Mail in his personal capacity.
