Zimbabwe’s Public Officer Abuse: Gaps in Legal Framework Exposed

HARARE - Zimbabwe’s legal framework regarding public officer abuse has been found to have significant gaps, exposing the country to corruption and impunity.

Uncertainty Over Liability for Public Official Abuse

According to Article 19 of the United Nations Convention Against Corruption (UNCAC), public officials are criminalized for abusing their functions. However, in Zimbabwe, there is uncertainty over whether the principal or only the agent can be held liable for such abuse.

Criminalization of Abuse of Duty

The Criminal Law (Codification and Reform) Act of Zimbabwe under Chapter IX (Bribery and Corruption) criminalizes abuse of duty as a public officer, but it does not specifically require that the act or omission be in exchange for an undue advantage, as prescribed in the UNCAC.

Protection Mechanisms Lacking

Whistle-Blower Protection

While there are mechanisms in place to protect reporting persons, such as anonymous hotlines, Zimbabwe lacks a comprehensive whistle-blower protection law. This leaves reporting individuals vulnerable to victimization and retaliation.

Compensation for Damage Caused by Corruption

The country’s legal framework also falls short on compensation for damage caused by corruption. While Section 278 of the Criminal Law (Codification and Reform) Act allows for civil or disciplinary proceedings against those responsible for damages, there is no specific provision for compensating victims of corruption.

Other Areas of Concern

Definition and Distinction between “Foreign Public Officials” and “Officials of a Public International Organization”

The country’s legal framework lacks clarity on the definition and distinction between “foreign public officials” and “officials of a public international organization”.

Provisions for Physical Protection of Witnesses

Provisions for physical protection of witnesses are also lacking in Zimbabwe’s legal framework.

Criminalization of Bribery of Foreign Public Officials

In addition, there is no legislation in place to criminalize bribery of foreign public officials, despite being a requirement under Article 16 of the UNCAC. The country’s laws also do not explicitly address embezzlement or trading in influence, although such practices are criminalized under other sections of the Criminal Law (Codification and Reform) Act.

Conclusion

The lack of clarity and comprehensive legislation regarding public officer abuse in Zimbabwe is a major concern, as it undermines efforts to combat corruption and ensure accountability. The country’s authorities must take steps to address these gaps and strengthen its legal framework to protect against corruption and promote transparency and accountability.