Protocol
Your Excellency, President Emmerson Mnangagwa, President of
the Republic of Zimbabwe
Chief Justice and Chairperson of the Judicial Service
Commission, Luke Malaba,
Minister of Justice, Legal and Parliamentary Affairs, Honourable
Ziyambi Ziyambi,
Prosecutor General, Mr Kumbirai Hodzi,
Chairperson of the Zimbabwe Anti-Corruption Commission,
Justice Loice Matanda-Moyo
Deputy Commissioner General, Zimbabwe Republic Police,…….
Deputy Commissioner General, Zimbabwe Prisons and Correctional
Services Commissioner…..,
Representatives of the various Constitutional Commissions,
Representatives of the Parliament of Zimbabwe,
Representatives of the Diplomatic Corps and development
agencies,
Representative of the International Commission of Jurists,
Representatives of the Law Society of Zimbabwe,
Representatives of government departments Representatives
from Civil Society,
Members of the Media,
Distinguished guests,
Ladies and Gentlemen,
The word “corruption” is commonly spoken in
Zimbabwe. His Excellency the President himself addressed the scourge of
corruption at his inauguration and many times thereafter. The Chief Justice
spoke about it at the opening of the 2019 Legal Year.
The new ZACC Chairperson has publicly declared her
commitment to combatting corruption. I have frequently heard the word from
ordinary Zimbabweans too: most often they are lamenting about the chronic
suffering it is causing in their lives.
Some politically, economically and socially powerful may
speak about corruption in celebration of its unjust fruits in their lives.
This vice- so widely talked about in Zimbabwe- has brought
us together today. It is a man-made crisis and a crisis that Zimbabwe simply
cannot afford.
The EU is supporting the anti-corruption drive because we
believe that it is a crisis that needs to be urgently and seriously addressed.
Corruption is also mentioned in Zimbabwe’s constitution, section 9 and I quote:
“measures must be taken to expose, combat and eradicate all forms of
corruption and abuse of power by those holding political and public
offices”.
Adherence to the constitution is, together with the Cotonou
agreement where corruption is also mentioned, the basis of EU’s cooperation in
Zimbabwe.
Unfortunately, we are witnessing these days several
developments that put constitutionalism and the respect for the rule of law in
question. People’s civic rights, such as the right of assembly, and the right
to peacefully demonstrate and petition and also the right 4 to due legal
processes when suspected of crimes must be respected.
Zimbabwe should show that it genuinely has made a break from
the past. There are various anti-corruption strategies in government plans, for
example, the Transitional Stabilisation Programme and many others. Several
steps have been implemented, including the appointment of new ZACC
Commissioners, the publishing of the Auditor General’s reports and its debates
in Parliament and the creation of specialised anti-corruption courts.
ZACC has been in the limelight over the past months for its
work in investigating corruption and arresting and referring accused persons
for prosecutions. All this is commendable but in order to make this a broad
based anti-corruption fight, where members of the public can fully participate,
we gather here today to launch a public anticorruption campaign led by actors
constitutionally mandated to combat corruption- the National Prosecution
Authority and the Zimbabwe Anti-corruption Commission, supported by other
justice sector actors.
The EU has been supporting state justice institutions
through the 11th EDF, “Support to rule of law and access to justice for
all Programme”, where we have committed a budget of EUR 14 million. This
project, being implemented by the Judicial Service Commission in partnership
with the International Commission of Jurists has an EU contribution of EUR 1.8
million and one of its objectives is to contribute to the fight against corruption
through improving transparency and integrity of the justice institutions.
Through this project, the EU has supported 5 the
establishment of the specialised anti-corruption courts, the procurement of
equipment for the courts and training of judicial officers serving these
courts.
The EU is also supporting the National Prosecuting Authority
through provision of technical assistance which will see the improvement of
their case management system, professional development of prosecutors and
improving their public engagement strategy to enhance public confidence in the
NPA.
The EU has not been directly supporting ZACC, but the
Commission has benefitted through this project as one of the institutions with
a key role to play in dispensing justice for corruption cases.
Your Excellency, ladies and gentlemen, I have earlier
mentioned that corruption is widely spoken about, it is also widely practised,
or perceived to be rampant to the extent that some Zimbabweans who interact
with public institutions, like the courts, passport office, immigration, police
admit that it is difficult not to be corrupt when interacting with them.
Apparently, corruption is a key factor in accessing public services, this is
sad.
This maybe anecdotal but it is, to an extent, corroborated by
several researches, for example, the Transparency International Corruption
perception Index ranks Zimbabwe Number 160 out of 180 countries and Zimbabwe
also scores very low at 22 out of 100 for a scale where 0 is highly corrupt and
100 is very clean.
Corruption, sometimes described as misuse of public office
for private gain, thrives in darkness and detests transparency. The reports by
the Auditor General 6 have also unearthed several corrupt practices and of late
the famous NSSA audit report. ZACC has confirmed that they have over 200 cases
of corruption that are work in progress.
Corruption erodes the trust between the people and their
government thus affecting the main ingredient that is public confidence which
is critical for development. The EU therefore calls on government at every
level to step up efforts towards uprooting corruption and to keep the public
informed of progress.
The EU appeals to the Zimbabwean people to desist from
corruption, fighting corruption begins with you. Corruption in public
institutions is sustained by corrupt citizens. Do not under-estimate your power
as the people to fight and end corruption, just one act of refusing to engage
in corruption or reporting corruption is a step towards a corruption-free
Zimbabwe.
Civil society and citizens have a key role to play in
fighting corruption through monitoring government actions, whistle-blowing,
demonstrating, petitioning, amongst other actions. They should be afforded the
democratic space to fully participate lawfully and peacefully without
unnecessary restrictions, without being beaten, killed, unlawfully arrested and
detained.
The EU has firmly been calling for transparent and
accountable governance in Zimbabwe, not only have we called for it, we have
been financially supporting it through various projects.
Since 2015, through the 11th EDF, the EU has been supporting
various state institutions, in particular justice institutions most of whom are
present here even when the political will in government was almost 7
non-existent. It is positive to note that the current government led by the
President has demonstrated the willingness to fight corruption through publicly
acknowledging that it exists and it is affecting the economy and publicly
denouncing corruption.
The EU calls on the government to improve efforts towards
bringing perpetrators to book following due process in accordance with the law.
There have been several high profile arrests since 2017, several trials are
ongoing and there are some convictions. With the level of corruption in
Zimbabwe, perhaps the rate of convictions may still be on the low side.
I have come across a term as I meet with Zimbabweans online
and offline, called ‘catch and release’ meaning that no one is held to account,
it is just an insincere anticorruption fight. Whether it’s true or not, these
are public perceptions and for Zimbabwe to stem out corruption there is need to
gain public confidence in the institutions fighting corruption.
Corruption is a discreet crime and for as long as there is
no confidence in the government’s sincerity in fighting corruption which can
only be demonstrated by applying the law fairly, impartially and diligently
without fear or favour, without political bias, without consideration of
economic or social status, the battle against corruption will be lost. The
anti-corruption courts were launched since late last year; we applaud and
support this step.
These courts, however, ought to lead by example, they have
to be as transparent as glass.
Corruption thrives in secrecy and opaqueness; there 8 must
be pro-active disclosure of information related to progress on the prosecution
and completion of cases on corruption. This will also act as a deterrent
measure on those engaging in or intending to engage in corruption. It will also
show the public that fighting corruption is a priority issue for government
that is being effectively addressed for Zimbabwe to achieve medium economy by
2030.
The launch of this strategy comes at an opportune time when
the government is intensifying its re-engagement regionally and internationally
to attract investment in the country and rebuild the economy. Let me underscore
the importance of an independent and efficient justice system to rebuilding the
economy and the image of Zimbabwe.
A corrupt justice system is a serious impediment of any
fight against corruption. The EU calls on the justice institutions gathered
here today to weed out corruption internally and to do it publicly so that
victims and witnesses of corruption feel confident to report corruption. Zero
tolerance to corruption should not just be spoken about, there has to be
concrete action.
Let me just say there is again public sentiments, your
Excellency, that you have demonstrated your willingness to fight corruption
through words but they do not see yet this being supported by action. The EU
therefore calls on all the state institutions present here to support the
President’s public declarations by actions.
Perpetrators should not go scot-free, due process 9 of the
law should be followed, ZACC’s independence should be respected and it should
be adequately resourced, the courts system should be transparent on statistics
and outcomes of corruption cases.
Your words since your election, your Excellency have been of
hope, of rebuilding and unity, this has raised great expectations amongst
Zimbabweans and these require great fearless actions in pursuit of justice in
order to meet the people’s expectations.
If the President’s words are to be matched, Zimbabwe needs a
radical, merciless and blind justice system fighting corruption. The EU stands
ready to support this and as mentioned above is supporting better justice
delivery.
I came to Zimbabwe in 2018 and before coming to this event,
I looked back at what the EU and our member states have been supporting in
relation to corruption and justice institutions. Denmark, one of our member
states, in 2015 supported and launched the Against Corruption Together commonly
known as ACT Campaign.
I am delighted, your Excellency, that you officially
launched the ACT campaign as the then Vice President and Minister of Justice
and you are again officiating today as we take this campaign forward. I am also
pleased to note that after this launch, a number of activities targeting the
public are lined up in order to generate public debate and action against
corruption.
It is our hope that all the activities will receive the same
publicity and media coverage as this launch. This is an appeal to the media to
not only cover the events but also monitor the impact of the campaign, for
example, will we see in a couple of 10 months more people reporting? Will we
see more prosecutions and convictions?
The media has a key role to play in keeping the public
informed of the progress being made by government. In a few months, the EU will
be signing a contract to support the legislative and oversight role of the 9th
Parliament of Zimbabwe in partnership with the United Nations Development
Programme. Parliament’s oversight role discharged efficiently, effectively and
impartially will greatly contribute to the fight against corruption.
Let me reiterate here that the cooperation between the EU
and the Government of Zimbabwe is premised on the full implementation of the
Constitution.
The EU is pleased that since 2018, government has been steadily
progressing on the alignment of laws to the Constitution; there are several
Bills at different stages of the law making process. We hope this willingness
continues and improves such that even the laws related to corruption are
reformed in order to complement the fight against corruption.
There have been positive steps that the government has taken
in implementing political and economic reforms, however, the journey is still
long and tough. There is still need for legislative, policy, attitudinal and
behaviour change in order to root out corruption.
I urge you to continue the hard work with renewed 11 vigour
and determination, today’s event is just a launch and a public declaration from
the highest office, most of the work lies ahead. Let me take this opportunity
to thank you, your Excellency and all the partners here, for your effort and
commitment to fighting corruption for the good of all Zimbabweans.
The EU is proud of this step, where the institutions here
present have committed themselves to be the anti-corruption armour bearers as
is your constitutional duty, The EU stands ready to assist in the impartial and
fair justice delivery which knows no political, economic or social status and
the EU remains hopeful for a future where Zimbabwe is free from corruption. I
thank you.
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