By Dorrothy Moyo| The parliamentary committee set up to investigate for members of Parliament for allegedly bribing a businessman they were interviewing, a lumpsum USD400,000, has punished the MPs by slashing down 1 days allowances.
The MPs who include Norton legislator, Temba Mliswa were cleared of charges against with the committee however noting that they could not reconcile a debt figure of USD2,000n ended up being USD400,000 as discussed during the meeting held in the dark of the night.
The four were found to have brought the house into disrepute by holding a secret meeting in the dark of the night outside business hours and physically outside the Parliament Building.
The case draws a parallel to that of MDC MPs who were punished by the same Parliament 2 months ago and made to lose over 5 months worth of allowances, as punishment for refusing to recognise Emmerson Mnangagwa as President.
Below was the Executive Summary
The Committee of Privileges, hereinafter referred to as “the Committee”was established on 18 February 2019 by the Committee on Standing Rules and Orders to inquire into the allegations of corruption against Hon. Mliswa, Hon. Chikomba, Hon. Ndebele and Hon. Sibanda. The Committee was mandated to inquire into the allegations and table a report to the National Assembly. This Report therefore contains the processes, procedures adopted by the Committee, the submissions made by various witnesses during the inquiry, the observations, findings and recommendations of the Committee.
The Chairperson of the Committee takes this opportunity to express his gratitude to all the Members of the Committee for their immense contribution to the inquiry that culminated in this Report. Similarly, the Committee wishes to thank the Offices of the Speaker, Clerk of Parliament and staff for the support in the execution of its mandate and the production of this report.
Against this background, and, on behalf of the Committee, I have the honour and pleasure to present this report to the National Assembly.
1. Part I: Establishment, Mandate and Composition of the Committee
Pursuant to Standing Order 24 of the Standing Rules and Orders of the National Assembly, the Committee was established on 18 February 2019. The terms of reference of the Committee were to inquire into the allegations of corruption against Hon. Mliswa, Hon. Chikomba, Hon. Ndebele and Hon. Sibanda.
In particular, the Committee was mandated to-
1.1 inquire if Hon. Mliswa, Hon. Chikomba, Hon. Ndebele and
Hon. Sibanda solicited a bribe of $400 000 from Mr. Goddard as facilitation fees for Mr. Goddard to secure a mining contract at Hwange Colliery Company;
1.2 determine if the conduct of the four Honourable Members of
Parliament constitutes a breach of privilege amounting to contempt of Parliament; and
1.3 report in writing, its findings and recommendations to the
Committee on Standing Rules and Orders on or before 15 March
2019 and to the National Assembly on or before 18 March 2019.
The following seven Members of Parliament were appointed to serve in the Committee:-
(i) Hon. Sen. Chief F. Z. Charumbira (Chairperson);
(ii) Hon. J. T. Samukange;
(iii) Hon. C. Madiwa;
(iv) Hon. I. Gonese;
(v) Hon. T. Mavetera;
(vi) Hon. P. Mpariwa; and
(vii) Hon. Dr. Nyashanu.
2. Part II: Basis of the Inquiry.
Pursuant to the provisions of Standing Order 68(d), Hon Mataranyika raised a motion on a “Notice of Privilege” to the National Assembly of Zimbabwe on 7 February 2019. The Notice detailed specific allegations of corruption against 4(four) Honourable Members of Parliament. The four members’ are;
2.1 Hon. T. Mliswa;
2.2 Hon. L. Chikomba;
2.3 Hon. A Ndebele; and
2.4 Hon. P. D. Sibanda.
The allegations emanated primarily from a report published by the Herald newspaper on 4 February 2019. In the report, it is alleged that the 4 (four) Honourable members of Parliament solicited for a bribe from Mr. James Ross Goddard (“Mr. Goddard”). The motion was debated by the Members of the National Assembly resulting in a ruling by the Speaker that a prima facie case had been established against the 4 (four) accused Honourable members. In accordance with the Standing Rules and Orders of the National Assembly, the matter was referred to the Committee on Standing Rules and Orders which subsequently established a Privileges Committee to conduct inquiries into the allegations.
The referral to the Privileges Committee recognizes that the allegations against the four Honourable members, if proven, were injurious to the good standing and reputation of Parliament. The inquiry is a sine qua non because Parliament is the constitutional watchdog over other branches of Government with respect to corruption and improper conduct.
The matter is indeed of profound public importance. It is indisputable that the inquiry into the alleged conduct of the four Honourable Members is in the public interest. The enquiry will also foster public confidence in the institution of Parliament and presents a unique opportunity to disabuse the mind of the public against the slightest perception of tolerance to corruption by Parliament.
This inquiry is consistent with prior Parliamentary resolutions where it resolved to be decisive in investigating allegations of corruption and to take stern action against its members whose conduct is found engendering improbity.
In the case of S v Ngara 1987 (1) ZLR 91 (S) @ 101A-C, Dumbutshena CJ remarked that: –
“Any form of corruption resorted to by public officials … whose duty it is to uphold the law and by their conduct set an example of impeccable honesty and integrity, is rightly viewed with abhorrence. It is a dangerous and insidious evil in any community and in particular requires to be guarded against in a developing country”.
This inquiry will reaffirm the commitment of Parliament to the elimination of corruption which as noted in the “Global Corruption Barometer Africa 2019 report” has been on the rise. The need for decisive action cannot therefore be overstated in boosting public confidence in Parliament’s oversight role.
