Zimbabwe - International treaties - UNCAC
RATIFIED INTERNATIONAL INSTRUMENTS
Zimbabwe
United Nations Convention against Corruption (UNCAC)
Art. 2
The legal framework provides for definitions (of key terms) identical in wording or effect as those set out in Article 2.
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Money Laundering and Proceeds of Crime Act [Chapter 9:24]
Section 2 “proceeds” and “proceeds of crime” means any property or economic advantage derived from or obtained directly or indirectly through the commission of a criminal offence, including economic gains from the property and property converted or transformed, in full or in part, into other property; “property” means assets of every kind, whether tangible or intangible, corporeal or incorporeal, moveable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including but not limited to currency, bank credits, deposits and other financial resources, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit, whether situated in Zimbabwe or elsewhere, and includes an interest, whether full or partial, in any such property; “public authority or person” means any person, body, organ, agency or institution belonging to or employed by the State or a local authority; |
Art. 5-1
The legal framework allows for the development and implementation or maintenance of effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 255 (1). The Zimbabwe Anti-Corruption Commission has the following functions— a. to investigate and expose cases of corruption in the public and private sectors; b. to combat corruption, theft, misappropriation, abuse of power and other improper conduct in the public and private sectors; c. to promote honesty, financial discipline and transparency in the public and private sectors; Section 258.There is a National Prosecuting Authority which is responsible for instituting and undertaking criminal prosecutions on behalf of the State and discharging any functions that are necessary or incidental to such prosecutions. |
Art. 5-4
The legal framework allows for the collaboration between the State Parties and relevant international and regional organizations in promoting and developing the measures referred to article 5 of UNCAC.
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Money Laundering and Proceeds of Crime Act [Chapter 9:24]
Section 6B (I) Subject to this Act, the functions of the Unit shall be- (a) to receive suspicious transaction reports, cash transaction reports and other financial data from financial institutions, designated non-financial businesses or professions, or from any other sources; and (b) using the information referred to in paragraph (a) and any other information to which the Unit may have access, to undertake operational and strategic analysis and produce reports; and (c) to disseminate the results of the analyses to law enforcement agencies, other competent authorities, financial institutions, designated non-financial businesses or professions and to foreign counterpart agencies, as may be appropriate or necessary for purposes of combating money laundering, related predicate offences and terrorist financing, whether in Zimbabwe or elsewhere; and (d) to monitor and ensure compliance with this Act by competent supervisory authorities, financial institutions and designated non-financial businesses or professions; and (e) to coordinate the measures and activities referenced to in section 12A; (...) |
Art. 6-1
The legal framework allows for the existence of a body or bodies, as appropriate, that prevent corruption by such means as:
a) implementing the policies referred to in Article 5 of this Convention and, where appropriate, overseeing and coordinating the implementation of those policies; and
b) increasing and disseminating knowledge about the prevention of corruption.
a) implementing the policies referred to in Article 5 of this Convention and, where appropriate, overseeing and coordinating the implementation of those policies; and
b) increasing and disseminating knowledge about the prevention of corruption.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 255 (1). The Zimbabwe Anti-Corruption Commission has the following functions— a. to investigate and expose cases of corruption in the public and private sectors; b. to combat corruption, theft, misappropriation, abuse of power and other improper conduct in the public and private sectors; c. to promote honesty, financial discipline and transparency in the public and private sectors; Section 258. There is a National Prosecuting Authority which is responsible for instituting and undertaking criminal prosecutions on behalf of the State and discharging any functions that are necessary or incidental to such prosecutions. |
Art. 6-2
The legal framework allows granting to the body or bodies referred to in Article 6-1 of UNCAC:
- the necessary independence to enable the body or bodies to carry out its or their functions effectively and free from any undue influence; and
- the necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions.
- the necessary independence to enable the body or bodies to carry out its or their functions effectively and free from any undue influence; and
- the necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 234. The independent Commissions have power to employ staff and, subject to the law, to regulate their conditions of service. Section 235. The independent Commissions - a. are independent and are not subject to the direction or control of anyone, (...) Section 260.Subject to this Constitution, the Prosecutor-General-- a. is independent and is not subject to the direction or control of anyone; and b. must exercise his or her functions impartially and without fear, favour, prejudice or bias. |
Art. 7-1
The legal framework allows for the adoption, maintenance and strengthening of systems for the recruitment, hiring, retention, promotion and retirement of civil servants and, where appropriate, other non-elected public officials:
a) that are based on principles of efficiency, transparency and objective criteria such as merit, equity and aptitude;
b) that include adequate procedures for the selection and training of individuals for public positions considered especially vulnerable to corruption and the rotation, where appropriate, of such individuals to other positions;
c) that promote adequate remuneration and equitable pay scales, taking into account the level of economic development of the State Party; and
d) that promote education and training programmes to enable them to meet the requirements for the correct, honourable and proper performance of public functions, and that provide them with specialized and appropriate training to enhance their awareness of the risks of corruption inherent in the performance of their functions.
a) that are based on principles of efficiency, transparency and objective criteria such as merit, equity and aptitude;
b) that include adequate procedures for the selection and training of individuals for public positions considered especially vulnerable to corruption and the rotation, where appropriate, of such individuals to other positions;
c) that promote adequate remuneration and equitable pay scales, taking into account the level of economic development of the State Party; and
d) that promote education and training programmes to enable them to meet the requirements for the correct, honourable and proper performance of public functions, and that provide them with specialized and appropriate training to enhance their awareness of the risks of corruption inherent in the performance of their functions.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 203. The Civil Service Commission has the following functions-- a. to appoint qualified and competent persons to hold posts in the Civil Service; b. subject to section 65(5), to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the Civil Service; c. to exercise control and disciplinary powers over members of the Civil Service; d. to investigate grievances and to remedy the grievances of members of the Civil Service concerning official acts or omissions; e. to implement measures to ensure effective and efficient performance within, and the general well-being of, the Civil Service; f. to ensure that members of the Civil Service carry out their duties efficiently and impartially; |
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Public Service Act [Chapter 16:04]
Section 18. When considering candidates for appointment to or promotion within the Public Service, the Commission shall— (a) have regard to the merit principle, that is, the principle that preference should be given to the person who, in the Commission’s opinion, is the most efficient and suitable for appointment to the office, post or grade concerned; and (b) ensure that there is no discrimination on the ground of race, tribe, place of origin, political opinions, colour, creed, gender or physical disability. |
Art. 8-1
The legal framework allows for the promotion of, inter alia, integrity, honesty and responsibility among its public officials.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 194. Public administration in all tiers of government, including institutions and agencies of the State, and government-controlled entities and other public enterprises, must be governed by the democratic values and principles enshrined in this Constitution, including the following principles--a. a high standard of professional ethics must be promoted and maintained services must be provided impartially, fairly, equitably and without bias of. public administration must be accountable to Parliament and to the people; transparency must be fostered by providing the public with timely, accessible and accurate information; employment, training and advancement practices must be based on merit, ability, objectivity, fairness, the equality of men and women and the inclusion of persons with disabilities; |
Art. 8-2
The legal framework allows for the application, within the domestic institutional and legal systems, of codes or standards of conduct for the correct, honourable and proper performance of public functions.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 194. Public administration in all tiers of government, including institutions and agencies of the State, and government-controlled entities and other public enterprises, must be governed by the democratic values and principles enshrined in this Constitution, including the following principles-- a. a high standard of professional ethics must be promoted and maintained; d. services must be provided impartially, fairly, equitably and without bias; f. public administration must be accountable to Parliament and to the people; h. transparency must be fostered by providing the public with timely, accessible and accurate information; k. employment, training and advancement practices must be based on merit, ability, objectivity, fairness, the equality of men and women and the inclusion of persons with disabilities; |
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Public Service Regulations, 2000
Section 3. (1) In order to promote efficiency and effectiveness in the provision of services to the public, the appointing authority shall, subject to subsection (2), recruit, advance, promote or grade those members who, in relation to the post in question, are the most suitable as regards— (a) knowledge about the task to be performed and ability to perform it; and (b) relevant experience; and (c) the requisite qualifications and qualities; and (d) where applicable, potential for training and development. (2) The recruitment, advancement, promotion or grading of members shall be on the basis of merit. |
Art. 8-5
The legal framework allows for the establishment of measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter alia, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials.
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Public Service Regulations, 2000
Section 2. “misconduct” means any act or omission by a member which constitutes an act of misconduct specified in the First Schedule; FIRST SCHEDULE 15. Failure to disclose to a superior any conflict of interest or other personal information relevant to any matter connected with the discharge of the member’s duties. |
Art. 9-1
The legal framework allows for the establishment of appropriate systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective, inter alia, in preventing corruption. Such systems, which may take into account appropriate threshold values in their application, allow for:
a) the public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders;
b) the establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication;
c) the use of objective and predetermined criteria for public procurement decisions, in order to facilitate the subsequent verification of the correct application of the rules or procedures;
d) an effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established pursuant to this paragraph are not followed;
e) where appropriate, measures to regulate matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurements, screening procedures and training requirements.
a) the public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders;
b) the establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication;
c) the use of objective and predetermined criteria for public procurement decisions, in order to facilitate the subsequent verification of the correct application of the rules or procedures;
d) an effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established pursuant to this paragraph are not followed;
e) where appropriate, measures to regulate matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurements, screening procedures and training requirements.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 315. An Act of Parliament must prescribe procedures for the procurement of goods and services by the State and all institutions and agencies of government at every level, so that procurement is effected in a manner that is transparent, fair, honest, cost-effective and competitive. |
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Public Procurement and Disposal of Public Assets Act [Chapter 22:23]
Section 4. (1) The objectives of this Act are- (a) to ensure that procurement is effected in a manner that is transparent, fair, honest, cost-effective and competitive; and (b) to promote competition among bidders; and (c) to provide for the fair and equitable treatment of all bidders, leading to procurement contracts that represent good value for money; and (d) to promote the integrity of, and fairness and public confidence in, procurement processes; and (e) to secure the implementation of any environmental, social, economic and other policy that is authorised or required by any law to be taken into account by a procuring entity in procurement proceedings. |
Art. 9-2
The legal framework allows for the adoption of measures to promote transparency and accountability in the management of public finances, and in particular:
a) procedures for the adoption of the national budget;
b) timely reporting on revenue and expenditure;
c) a system of accounting and auditing standards and related oversight;
d) effective and efficient systems of risk management and internal control; and
e) where appropriate, corrective action in the case of failure to comply with the requirements established in this paragraph.
a) procedures for the adoption of the national budget;
b) timely reporting on revenue and expenditure;
c) a system of accounting and auditing standards and related oversight;
d) effective and efficient systems of risk management and internal control; and
e) where appropriate, corrective action in the case of failure to comply with the requirements established in this paragraph.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 298. The following principles must guide all aspects of public finance in Zimbabwe-- a. there must be transparency and accountability in financial matters; Section 299. Parliament must monitor and oversee expenditure by the State and all Commissions and institutions and agencies of government at every level, including statutory bodies, government-controlled entities, provincial and metropolitan councils and local authorities, in order to ensure that-- a. all revenue is accounted for; b. all expenditure has been properly incurred; and c. any limits and conditions on appropriations have been observed. Section 309. 1. There must be an Auditor-General, whose office is a public office but does not form part of the Civil Service. 2. The functions of the Auditor-General are- a. to audit the accounts, financial systems and financial management of all departments, institutions and agencies of government, all provincial and metropolitan councils and all local authorities; b. at the request of the Government, to carry out special audits of the accounts of any statutory body or government-controlled entity; c. to order the taking of measures to rectify any defects in the management and safeguarding of public funds and public property; and d. to exercise any other functions that may be conferred or imposed on him or her by or under an Act of Parliament. |
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Public Finance Management Act [Chapter 22:19]
Section 3. The object of this Act is to secure transparency, accountability and sound management of the revenues, expenditure, assets and liabilities of any entity specified in section 4(1). |
Art. 11-1
The legal framework allows for the adoption of measures to strengthen integrity and to prevent opportunities for corruption among members of the judiciary.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 164. 1. The courts are independent and are subject only to this Constitution and the law, which they must apply impartially, expeditiously and without fear, favour or prejudice. 2. The independence, impartiality and effectiveness of the courts are central to the rule of law and democratic governance, and therefore-- a. neither the State nor any institution or agency of the government at any level, and no other person, may interfere with the functioning of the courts; b. the State, through legislative and other measures, must assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness and to ensure that they comply with the principles set out in section 165. 3. An order or decision of a court binds the State and all persons and governmental institutions and agencies to which it applies, and must be obeyed by them. |
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Judicial Service (Magistrate’s Code of Ethics) Regulations, 2019
Section 4. Every judicial officer shall, individually and collectively, uphold, maintain and promote the following values attaching to judicial office, as further elaborated in this Part— (a) personal and institutional independence; and (b) integrity; and (c) propriety, and the appearance of propriety; and (d) equality, that is, equal treatment of all before the courts; and (e) impartiality, not only in respect of particular decisions but also in respect of the process by which any decision is made; and (f) competence and diligence. |
Art. 12-1
The legal framework allows for the adoption of measures to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal penalties for failure to comply with such measures.
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Art. 12-2
Measures referred to in article 12-1 of UNCAC may include, inter alia:
a) promoting cooperation between law enforcement agencies and relevant private entities;
b) promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourable and proper performance of the activities of business and all relevant professions and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with the State;
c) promoting transparency among private entities, including, where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate entities;
d) preventing the misuse of procedures regulating private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities;
e) preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure; and
f) ensuring that private enterprises, taking into account their structure and size, have sufficient internal auditing controls to assist in preventing and detecting acts of corruption and that the accounts and required financial statements of such private enterprises are subject to appropriate auditing and certification procedures.
a) promoting cooperation between law enforcement agencies and relevant private entities;
b) promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourable and proper performance of the activities of business and all relevant professions and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with the State;
c) promoting transparency among private entities, including, where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate entities;
d) preventing the misuse of procedures regulating private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities;
e) preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure; and
f) ensuring that private enterprises, taking into account their structure and size, have sufficient internal auditing controls to assist in preventing and detecting acts of corruption and that the accounts and required financial statements of such private enterprises are subject to appropriate auditing and certification procedures.
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Anti-Corruption Commission Act [Chapter 9:22]
Section 12. In addition to its functions under the Constitution, the Commission shall have the following functions— (a) to monitor and examine the practices, systems and procurement procedures of public and private institutions; and (b) to enlist and foster public support in combating corruption in society; and (c) to educate the public on the dangers of corruption in society; and (d) to instruct, advise and assist any officer, agency or institution in the elimination or minimisation of corruption; and (g) to assist in the formulation of practices, systems and procurement procedures of public and private institutions with a view to the elimination of corrupt practices; and (h) to advise on ways of strengthening anti-corruption legislation; and (i) to recommend to the Government that it ratify and domesticate relevant international legal instruments aimed at combating corruption. |
Art. 12-3
The legal framework allows for the adoption of measures regarding the maintenance of books and records, financial statement disclosures and accounting and auditing standards to prohibit the following acts from being carried out for the purpose of committing any of the offenses established in accordance with the Convention:
a) the establishment of off-the-books accounts;
b) the making of off-the-books or inadequately identified transactions;
c) the recording of non-existent expenditure;
d) the entry of liabilities with incorrect identification of their objects;
e) the use of false documents; and
f) the intentional destruction of bookkeeping documents earlier than foreseen by the law.
a) the establishment of off-the-books accounts;
b) the making of off-the-books or inadequately identified transactions;
c) the recording of non-existent expenditure;
d) the entry of liabilities with incorrect identification of their objects;
e) the use of false documents; and
f) the intentional destruction of bookkeeping documents earlier than foreseen by the law.
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Criminal Law (Codification and Reform) Act [Chapter 9:23]
Section 171 (1) Any (a) agent who, in connection with his or her principal’s affairs or business, uses a document which contains a false statement (i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so; and (ii) intending by the use of the document to deceive his or her principal, or realising that there is a real risk or possibility that his or her use of the document may deceive his or her principal; or (b) person who gives an agent a document which contains a false statement (i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so; and (ii) intending to deceive the agent or the agent’s principal or realising that there is a real risk or possibility that by his or her use of the document the agent or the agent’s principal may be deceived; shall be guilty of corruptly using a false document and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both. (2) For the purposes of paragraph (b) of subsection (1), where a person gives an agent a false document, intending to deceive the agent or the agent’s principal in the conduct of his or her principal’s affairs or business or realising that there is a real risk or possibility that the agent or the agent’s principal may be so deceived, the person shall be presumed, unless the contrary is proved, to intend to deceive the agent’s principal as well as the agent, or to realise that there is a real risk or possibility that the agent’s principal as well as the agent may be deceived, as the case may be. |
Art. 13-1
The legal framework allows for the adoption of appropriate measures to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption.
Enhanced participation may include, inter alia, the following measures:
a) enhancing the transparency of and promoting the contribution of the public to decision-making processes;
b) ensuring that the public has effective access to information;
c) undertaking public information activities that contribute to non-tolerance of corruption, as well as public education programmes, including school and university curricula; and
d) respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. That freedom may be subject to certain restrictions, but these shall only be such as are provided for by law and are necessary: (i) for respect of the rights or reputations of others; (ii) for the protection of national security or public order or of public health or morals.
Enhanced participation may include, inter alia, the following measures:
a) enhancing the transparency of and promoting the contribution of the public to decision-making processes;
b) ensuring that the public has effective access to information;
c) undertaking public information activities that contribute to non-tolerance of corruption, as well as public education programmes, including school and university curricula; and
d) respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. That freedom may be subject to certain restrictions, but these shall only be such as are provided for by law and are necessary: (i) for respect of the rights or reputations of others; (ii) for the protection of national security or public order or of public health or morals.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 255 (1). The Zimbabwe Anti-Corruption Commission has the following functions— (a) to investigate and expose cases of corruption in the public and private sectors; (b) to combat corruption, theft, misappropriation, abuse of power and other improper conduct in the public and private sectors; (c) to promote honesty, financial discipline and transparency in the public and private sectors; (d) to receive and consider complaints from the public and to take such action in regard to the complaints as the Commission considers appropriate; (e) to direct the Commissioner-General of Police to investigate cases of suspected corruption and to report to the Commission on the results of any such investigation; (f) to refer matters to the National Prosecuting Authority for prosecution; (g) to require assistance from members of the Police Service and other investigative agencies of the State; and (h) to make recommendations to the Government and other persons on measures to enhance integrity and accountability and prevent improper conduct in the public and private sectors. |
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Anti-Corruption Commission Act [Chapter 9:22]
Section 12. In addition to its functions under the Constitution, the Commission shall have the following functions— (a) to monitor and examine the practices, systems and procurement procedures of public and private institutions; and (b) to enlist and foster public support in combating corruption in society; and (c) to educate the public on the dangers of corruption in society; and (d) to instruct, advise and assist any officer, agency or institution in the elimination or minimisation of corruption; and (g) to assist in the formulation of practices, systems and procurement procedures of public and private institutions with a view to the elimination of corrupt practices; and (h) to advise on ways of strengthening anti-corruption legislation; and (i) to recommend to the Government that it ratify and domesticate relevant international legal instruments aimed at combating corruption. |
Art. 14-1
The legal framework allows for:
a) the establishment of a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons who provide formal or informal services for the transmission of money or value and, where appropriate, other bodies particularly susceptible to money laundering, within its competence, in order to deter and detect all forms of money laundering (requirements for identification of customers, record-keeping, reporting of suspicious transactions);
b) administrative, regulatory, law enforcement and other authorities dedicated to combating money laundering (including, where appropriate under domestic law, judicial authorities) to cooperate and exchange information at the national and international levels and the establishment, to that end, of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential money laundering.
a) the establishment of a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons who provide formal or informal services for the transmission of money or value and, where appropriate, other bodies particularly susceptible to money laundering, within its competence, in order to deter and detect all forms of money laundering (requirements for identification of customers, record-keeping, reporting of suspicious transactions);
b) administrative, regulatory, law enforcement and other authorities dedicated to combating money laundering (including, where appropriate under domestic law, judicial authorities) to cooperate and exchange information at the national and international levels and the establishment, to that end, of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential money laundering.
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Banking Act, [Chapter 24:20]
Section 37. (1)Without derogation from section thirty‐six or from subsection (2), every banking institution shall maintain within Zimbabwe such records as are necessary— (a) to reveal clearly and correctly the state of its business affairs and financial condition; and (b) to explain its transactions so as to enable the Registrar, the Reserve Bank and the Deposit Protection Corporation to determine whether the banking institution has complied with this Act. |
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Money Laundering and Proceeds of Crime Act [Chapter 9:24]
Section 6 A(1). The Financial Intelligence Unit, previously established as the Bank Use Promotion and Suppression of money Laundering Unit under the Bank Use Promotion Act [Chapter 24:24], continues in operation subject to this Act under the name "Financial Intelligence Unit". Section 6B (I) Subject to this Act, the functions of the Unit shall be- (a) to receive suspicious transaction reports, cash transaction reports and other financial data from financial institutions, designated non-financial businesses or professions, or from any other sources; and (b) using the information referred to in paragraph (a) and any other information to which the Unit may have access, to undertake operational and strategic analysis and produce reports; and (c) to disseminate the results oft he analyses to law enforcement agencies, other competent authorities, financial institutions, designated non-financial businesses or professions and to foreign counterpart agencies, as may be appropriate or necessary for purposes of combating money laundering, related predicate offences and terrorist financing, whether in Zimbabwe or elsewhere; and (d) to monitor and ensure compliance with this Act by competent supervisory authorities, financial institutions and designated non-financial businesses or professions; and (e) to coordinate the measures and activities referenced to in section 12A; |
Art. 14-5
The legal framework encourages the development and promotion of global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money laundering.
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Money Laundering and Proceeds of Crime Act [Chapter 9:24]
Section 17 (5). The AFLi may cooperate with foreign counterpart agencies, foreign supervisory, regulatory or investigative authorities and regional and international organisations involved in combating money laundering, terrorist financing or other crimes, for purposes of facilitating the tracing, identification, recovery, seizure or confiscation of proceeds of crime, whether in relation to offences committed in Zimbabwe or elsewhere. |
Art. 15
The legal framework allows for the establishment as criminal offences, when committed intentionally:
a) the promise, offer or gift, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties; and
b) the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.
a) the promise, offer or gift, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties; and
b) the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.
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Criminal Law (Codification and Reform) Act [Chapter 9:23]
Section 170(1). Any (a) agent who obtains or agrees to obtain or solicits or agrees to accept for himself or herself or any other person any gift or consideration as an inducement or reward (i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal’s affairs or business; or (ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal’s affairs or business; knowing or realising that there is a real risk or possibility that such gift or consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and his or her principal; or (b) person who, for himself or herself or any other person, gives or agrees to give or offers to an agent any gift or consideration as an inducement or reward (i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal’s affairs or business; or (ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal’s affairs or business; knowing or realising that there is a real risk or possibility that such gift or consideration is not due to the agent in terms of any agreement or arrangement between the agent and his or her principal; shall be guilty of bribery and liable to A. a fine not exceeding level fourteen or not exceeding three times the value of any consideration obtained or given in the course of the crime, whichever is the greater; or B. imprisonment for a period not exceeding twenty years; or both. Section 174(1). If a public officer, in the exercise of his or her functions as such, intentionally (a) does anything that is contrary to or inconsistent with his or her duty as a public officer; or (b) omits to do anything which it is his or her duty as a public officer to do; for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both. (2) If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or |
Art. 16-1
The legal framework allows for the establishment as a criminal offence, when committed intentionally, the promise, offer or gift to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business.
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Criminal Law (Codification and Reform) Act [Chapter 9:23]
Section 173. (1) Any (a) agent who carries out any transaction in connection with his or her principal’s affairs or business without disclosing to the principal that he or she holds a personal interest in the subject-matter of the transaction (i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived; or (ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal; or (b) person who (i) carries out any transaction with an agent in connection with the affairs or business of the agent’s principal; or (ii) assists an agent to carry out any such transaction; knowing that the agent does not intend to disclose to the principal a personal interest which he or she or the agent holds in the subject-matter of the transaction; shall be guilty of corruptly concealing from a principal a personal interest in a transaction and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both. (2) Where an agent agrees or arranges with another person or a person agrees or arranges with the agent not to disclose to the agent’s principal any personal interest held by the agent in the subject-matter of any transaction which the agent has carried out or will carry out in connection with the principal’s affairs or business, and the agent or person so agreed or arranged (a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived; or (b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal; the competent charge shall be conspiracy to commit the crime of corruptly concealing from a principal a personal interest in a transaction. |
Art. 17
The legal framework allows for the establishment as criminal offences, when committed intentionally, the embezzlement, misappropriation or other diversion by a public official for his or her benefit or for the benefit of another person or entity, of any property, public or private funds or securities or any other thing of value entrusted to the public official by virtue of his or her position.
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Criminal Law (Codification and Reform) Act [Chapter 9:23]
Section 113. (1) Any person who takes property capable of being stolen (a) knowing that another person is entitled to own, possess or control the property or realising that there is a real risk or possibility that another person may be so entitled; and (b) intending to deprive the other person permanently of his or her ownership, possession or control, or realising that there is a real risk or possibility that he or she may so deprive the other person of his or her ownership, possession or control; shall be guilty of theft and liable to either or both of the following (i) a fine not exceeding level fourteen or twice the value of the stolen property, whichever is the greater; or (ii) imprisonment for a period not exceeding twenty-five years; or both: Provided that a court may suspend the whole or any part of a sentence of imprisonment imposed for theft on condition that the convicted person restores any property stolen by him or her to the person deprived of it or compensates such person for its loss. (2) Subject to subsection (3), a person shall also be guilty of theft if he or she holds trust property and, in breach of the terms under which it is so held, he or she intentionally¾ _ (a) omits to account or accounts incorrectly for the property; or (b) hands the property or part of it over to a person other than the person to whom he or she is obliged to hand it over; or (c) uses the property or part of it for a purpose other than the purpose for which he or she is obliged to use it; or (d) converts the property or part of it to his or her own use. Section 115. When persons deemed to intend to deprive others permanently of property Without limiting the expression in any way, a person shall be deemed for the purpose of sections one hundred and thirteen and one hundred and fourteen to intend to deprive another person permanently of that person’s ownership, possession or control of property if (a) having taken possession or assumed control of the property, he or she (i) abandons it without regard to whether or not it is restored to the other person; or (ii) subjects it to a use which he or she realises will destroy it; or (b) he or she consumes the property, intending to return identical property to the other person; or (c) the property being money, he or she spends it, intending to return the same amount to the other person. |
Art. 31-1
The legal framework allows for the adoption of measures as may be necessary to enable confiscation of:
a) proceeds of crime derived from offences established in accordance with this Convention or property the value of which corresponds to that of such proceeds; and
b) property, equipment or other instrumentalities used in or destined for use in offences established in accordance with UNCAC.
a) proceeds of crime derived from offences established in accordance with this Convention or property the value of which corresponds to that of such proceeds; and
b) property, equipment or other instrumentalities used in or destined for use in offences established in accordance with UNCAC.
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Money Laundering and Proceeds of Crime Act [Chapter 9:24]
Section 27A(1). There is hereby established an Asset Forfeiture Unit (the"AFU") within the National Prosecuting Authority whose functions shall be- (a) to give assistance to prosecutors in making, and co-ordinate the making of, and oversee the discharge of, applications for- (i) interdicts under Part II of Chapter IV of the Money Laundering and Proceeds of Crime [Chapter 9:24] (ii) confiscation orders under Part III of Chapter IV or the Money Laundering Act; and (iii) benefit recovery orders under Part I\' of Chapter IV of the money Laundering Act; and (iv) compensation orders under Part V of Chapter IV of the Money Laundering Act; and (v) investigative orders for criminal investigation under Part VI of Chapter IV of the Money Laundering Act; and (vi) civil forfeiture orders under Part I of Chapter V of the Money Laundering Act; and (vii) investigative orders for civil forfeiture under Part II of Chapter IV of the Money Laundering Act; and (viii) the confiscation of property that are the instrumentalities or proceeds of crime under any law other than the Money Laundering Act; |
Art. 31-7
For the purpose of this article and article 55 of this Convention, the legal framework allows for the empowerment of its courts or other competent authorities to order that bank, financial or commercial records be made available or seized (bank secrecy cannot be opposed).
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Banking Act [Chapter 24:20]
Section 76. (1) None of the following persons, namely— (a)the Registrar or any officer referred to in section four; (b) any officer or employee of the Reserve Bank; (c) any supervisor or inspector; (d) any curator; (e) any auditor of a banking institution; (f) any employee or agent of a person specified in paragraph (a), (b), (c),(d) or(e);shall disclose any information which he has acquired in the performance of his functions under this Act and which relates to the affairs of a banking institution. (2) Except with the permission of the Reserve Bank, no banking institution or employee or agent of a banking institution shall disclose any information provided to it by the Reserve Bank in the performance of its functions under this Act. (3) Subsections (1) and (2) shall not apply to— (a) any disclosure made by the person concerned in the performance of his functions under this Act or when required to do so by a court or in terms of any other enactment; |
Art. 32-1
The legal framework allows for the adoption of appropriate measures to provide effective protection from potential retaliation or intimidation for witnesses and experts who give testimony concerning offences established in accordance with this Convention and, as appropriate, for their relatives and other persons close to them.
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Art. 33
The legal framework allows for the incorporation into the domestic legal system of appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this Convention.
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Art. 36
The legal framework allows for the existence of a body or bodies or persons specialized in combating corruption through law enforcement and the granting to them of:
- the necessary independence to be able to carry out their functions effectively and without any undue influence; and
- the appropriate training and resources to carry out their tasks.
- the necessary independence to be able to carry out their functions effectively and without any undue influence; and
- the appropriate training and resources to carry out their tasks.
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The Constitution of Zimbabwe Amendment (No. 20) Act, 2013
Section 255(1). The Zimbabwe Anti-Corruption Commission has the following functions— (a) to investigate and expose cases of corruption in the public and private sectors; (b) to combat corruption, theft, misappropriation, abuse of power and other improper conduct in the public and private sectors; (c) to promote honesty, financial discipline and transparency in the public and private sectors; (d) to receive and consider complaints from the public and to take such action in regard to the complaints as the Commission considers appropriate; (e) to direct the Commissioner-General of Police to investigate cases of suspected corruption and to report to the Commission on the results of any such investigation; (f) to refer matters to the National Prosecuting Authority for prosecution; (g) to require assistance from members of the Police Service and other investigative agencies of the State; and (h) to make recommendations to the Government and other persons on measures to enhance integrity and accountability and prevent improper conduct in the public and private sectors. |
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Anti-Corruption Commission Act [Chapter 9:22]
Section 12. In addition to its functions under the Constitution, the Commission shall have the following functions— (a) to monitor and examine the practices, systems and procurement procedures of public and private institutions; and (b) to enlist and foster public support in combating corruption in society; and (c) to educate the public on the dangers of corruption in society; and (d) to instruct, advise and assist any officer, agency or institution in the elimination or minimisation of corruption; and (e) to receive and investigate any complaints alleging any form of corruption; and (f) to investigate any conduct of any person whom the Commission has reason to believe is connected with activities involving corruption; and (g) to assist in the formulation of practices, systems and procurement procedures of public and private institutions with a view to the elimination of corrupt practices; and (h) to advise on ways of strengthening anti-corruption legislation; and (i) to recommend to the Government that it ratify and domesticate relevant international legal instruments aimed at combating corruption. |
Art. 39-1
The legal framework encourages cooperation between national investigating and prosecuting authorities and entities of the private sector, in particular financial institutions, relating to matters involving the commission of offences established in accordance with this Convention.
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Money Laundering and Proceeds of Crime Act [Chapter 9:24]
Section 27A(4). In the exercise of its functions, the AFU shall work in cooperation with the Zimbabwe Anti Corruption Commission, Zimbabwe Revenue Authority, the Financial Intelligence Unit and other supervisory, regulatory or investigative authorities for purposes of facilitating the tracing, identification, recovery, seizure or confiscation of proceeds of crime. |
Art. 40
The legal framework allows for, in the case of domestic criminal investigations of offences established in accordance with this Convention, the availablity of appropriate mechanisms within the state's domestic legal system to overcome obstacles that may arise from the application of bank secrecy laws.
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Money Laundering and Proceeds of Crime Act [Chapter 9:24]
Section 5 (3a). Where the Commissioner is satisfied that any information is required for the purpose of- ( a) detecting, investigating or preventing a serious offence; or (b) combating money laundering or terrorist financing; as defined in the Money Laundering and Proceeds of Crime Act [Chapter 9:24], the Commissioner shall disclose that information to the Director-General of the Financial Intelligence Unit established by that Act. |