After disbanding the Zimbabwe Anti-Corruption Commission
(Zacc) board accused of perpetrating corruption and appointing a new team,
Mnangagwa went on to establish the Special Anti-Corruption Unit (Sacu) in his
office to prove his determination to fight graft.
He also designated a specific court to deal with corruption
cases.
But four years down the line, observers say the situation
on the ground shows that his anti-graft fight was nothing but a facade.
Many people think Mnangagwa is using anti-graft fight to
fight factionalism in his ruling Zanu PF party.
Insiders within the ruling party have raised concerns over
insignificant progress on convictions and prosecution of party members arrested
by the Zacc and Sacu on graft charges.
Sacu, an arm in Mnangagwa’s office, critics say is a tool
to punish his political foes.
The criticism followed the arrest of several Zanu PF
bigwigs on graft charges following a “name-and-shame” operation by the party
youth league in 2019.
However, the party has not yet taken disciplinary action
against those named as “corrupt” despite its pledges to support the
government’s fight against corruption. Instead, the whistleblowers, Pupurai
Togarepi and Lewis Mathutu were demoted while Godfrey Tsenegmau was fired from
the party.
Zanu PF Makonde senator and ex-Cabinet minister Priscah
Mupfumira was the only one arrested and sacked in 2019 on allegations of
abusing US$95 million from the National Social Security Authority (NSSA).
She denied the allegations. The court case has revolved
many times and the figure reduced significantly, raising fears that the case
could collapse. In fact, it appears it is only a matter of time before she is acquitted.
Despite the allegations, her bail conditions were recently
relaxed and she was authorised by Mnangagwa to travel to South Africa on
Parliament business. Mupfumira remains a full member of Zanu PF.
Mupfumira recounted: “It all started with protracted social
media allegations and abuse by (name supplied) and other Mashonaland West
WhatsApp groups.
“Twice, I informed the President who advised me to ignore
the honourable member since he (the alleged informant) was not a member of our
party. This was followed by a name and shame by the party youth league
executive members in July 2019 wherein my name was on the so-called list of
government and Zanu PF corrupt leaders.
“The politburo then resolved to appoint a commission of
enquiry to validate the allegations. I have still not yet been invited to
appear before the commission to present my case. I am ready to present my story
and answer any questions to the commission.”
She argued that she was the only person out of a list of
over a dozen “so-called” corrupt leaders arrested by Zacc.
Her prolonged pre-trial detention did not conform to
constitutional tenets of “presumption of innocence” until proven guilty, she
added.
The former minister also said: “If the matter was founded
on proper investigations and on the premise of reasonable evidence that
warrants an arrest, then the trial ought to have commenced in earnest and
should, even when one considers the accused’s concerns and applications on
record have been nearly finalised.
“To illustrate this point, one needs to interrogate the
conduct of the prosecuting authority on October 22, 2019 wherein now three new
charges separate from the original seven came to the fore and whose trial has
now commenced, this notwithstanding the fact that these three are insignificant
to the original seven that were the focus of the State that fuelled the damning
media blitz and court of public opinion.”
But Zanu PF acting spokesperson Mike Bimha told NewsDay
Weekender that the ruling party does not interfere with functions of either
Zacc or Sacu, but it was waiting for finalisation of the corruption cases
involving its members at the courts for it to decisively deal with the matters.
“The party has never interfered with either Sacu or Zacc
because they are independent State institutions,” Bimha said.
“When the cases are still before the courts, the party
cannot take action against the accused persons. Once the cases are finalised,
the party then can institute its own proceedings in dealing with such matters.
In Mupfumira’s case, for instance, the party has already taken action against
her when it suspended her from her post as the secretary for environment and
tourism in the politburo.”
Recently, Mupfumira, contributing in the Senate challenged
law enforcement agents to thoroughly investigate cases before arresting
suspects, saying the “catch and release” practice adopted by police was
abetting corruption.
“The problem is that there are a lot of false allegations
that are going on. So, no one will take us seriously and we will score lowly
when it comes to the index,” she said.
“Human dignity should be considered when there are arrests
or allegations. When there is an investigation, there should be a good
investigation. Law enforcement agents should be well-trained to separate
rumours and reasonable allegations.”
In 2018, then Home Affairs minister Obert Mpofu refused to
appear before the Parliamentary Portfolio Committee on Mines and Energy to give
evidence on the alleged $15 billion diamond funds which went missing while he
was still Mines minister.
Like Mupfumira, the party secretary for administration,
Mpofu has never appeared before an internal disciplinary action, raising
concerns over selective application of the law for political ends.
Police Commissioner Douglas Nyakutsikwa, who was arrested
by Sacu after he allegedly used his influence as a senior police officer to get
residential stands for himself told Harare magistrate Ngoni Nduna that his case
was being politicised.
The challenged the Sacu constitutionality at the
Constitutional Court.
A Zanu PF member who declined to be named said: “Mupfumira
first appeared in court on July 25, 2019 and had been on routine remand until the
end of the year since the State was not ready for trial.”
“Her trial only commenced in July 2020, but throughout the
period from her arrest, there has not been significant progress in the
finalisation of her case for the past two years. She is not the only one who is
in this predicament. Charges are being brought against members, but without
trial and the matters are being postponed continuously. What is worrisome is
that there are several other members, who have serious corruption cases to
answer, but are being exempted from facing the full wrath of the law.”
Zacc spokesperson John Makamure said there was no selective
application of the law in the manner the commission was handling corruption
cases. He refuted allegations that there was interference with its functions by
the Executive.
There was no deliberate intention by Zacc, Makamure said,
to delay finalisation of corruption cases, but some litigants were not keen to
stand trial.
“Suspects on corruption cases are granted bail by the
courts, which is their constitutional right and Zacc cannot prevent granting of
bail to a suspect, in accordance with the law,” Makamure said.
“On Mupfumira’s case, there has been a perceived prolonged
delay in the finalisation of her cases because she was granted bail. (She) has
been submitting several applications resulting in her matter being delayed.”
This week, Makamure said Zacc was engaging the National
Prosecuting Authority to ensure corruption cases are resolved quickly.
Sacu director Thabani Mpofu said: “I will not respond to
that. The allegations could be raised by an accused person who is trying to
exonerate him or herself outside court.”
The 2020 Transparency International Corruption Perception
Index (CPI) ranked Zimbabwe 150 out of 187 highly corrupt countries after it
scored 24% on corruption fighting.
The country’s institutions continue to be dysfunctional,
and there are limited integrity mechanisms in place to curb corruption. Yet,
the government still fails to provide basic services to citizens, and the
security situation remains precarious.
Last year, Harare magistrate Bianca Makwande bemoaned
unnecessary delays on graft cases, adding that continued postponement of the
cases would result in a gridlock of pending matters at the courts. Newsday
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