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Parliamentary and Ministerial Code of Conduct, 1994

(Act No. 35 of 1994,date of Assent: 29th September, 1994)

An Act to establish a code of conduct for Ministers and Deputy Ministers for the purposes of Article 52 of the Constitution; to establish a code of conduct for Members of the National Assembly for the purposes of A rticle 71 of the Constitution; and to provide for matters connected with or incidental to the foregoing.

Part I Preliminary

1. This Act may be cited as the Parliamentary and Ministerial Code of Conduct Act, 1994.

2. In this Act, unless the context otherwise requires–

“Constitution” means the Constitution of the Republic of Zambia;

“Member” means any Member of the National Assembly (including a person holding Ministerial office);

“Ministerial office” means any office of Vice-President, Minister or Deputy Minister;

“tribunal” means a tribunal appointed under section thirteen.

Part II Code of conduct applicable to all members

3. (1) The provisions of this Part shall constitute part of the code of conduct for Members for the purposes of Article 71 of the Constitution, a breach of which results in the vacation of the seat of the Member concerned.

Relationship between this Part and the Constitution

(2) The provisions of this Part, in their application to Ministers and Deputy Ministers, shall constitute part of the code of conduct for Ministers for the purposes of Article 52 of the Constitution.

4. A Member shall be considered to have breached the code of conduct if he knowingly acquires any significant pecuniary advantage, or assists in the acquisition of pecuniary advantage by another person, by–

(a) improperly using or benefiting from information which is obtained in the course of his official duties and which is not generally available to the public;

(b) disclosing any official information to unauthorised persons;

(c) exerting any improper influence in the appointment, promotion, or disciplining or removal of a public officer;

(d) directly or indirectly converting Government property for personal or any other unauthorized use; or

(e) soliciting or accepting transfers of economic benefit, other than–

(i) benefits of nominal value, including customary hospitality and token gifts;

(ii) gifts from close family members; or

(iii) transfers pursuant to an enforceable property right of the Member or pursuant to a contract for which full value is given.

Member not to acquire dishonestly or improperly any pecuniary advantage

5. A Member shall not speak in the National Assembly, or in a committee thereof, on a matter in which he has a direct pecuniary interest unless he has disclosed the nature of that interest to the Assembly or Committee.

Member to disclose pecuniary interest to National Assembly

6. (1) Where a Member has an interest in a contract that is made, or is proposed to be made, by the Government, and has not made a sufficient declaration under subsection (4) in relation to the contract, the Member shall as soon as practicable make a declaration of his interest in relation to the contract, specifying the nature and extent of his interest.

(2) Where–

(a) immediately before the commencement of this Act, a Member has an interest in a contract that has been made by the Government; and

(b) the contract is not completely performed by all parties within thirty days after the commencement of this Act;

the Member shall, within thirty days after the commencement of this Act, declare the interest in accordance with this section.

(3) A declaration for the purposes of this section shall be made to the Chief Justice in writing.

(4) A declaration by a Member that–

(a) states that he has an interest in a specified body corporate or firm;

(b) specifies the nature and extent of the interest;

(c) where the interest is a shareholding or partnership, specifies the proportion of the ownership of the company or firm represented by the shareholding or partnership; and

(d) states that he is to be regarded as interested in any contract which may, after the date of the notice, be made with the Government by that body corporate or firm;

shall be a sufficient declaration of interest in relation to any contract so made unless, at the time the question of confirming or entering into any contract is first taken into consideration by the Government, the extent of his interest in the body corporate or firm is greater than is stated in the declaration.

(5) For the purposes of this section, a Member has an interest in a contract if–

(a) he will derive any material benefit, whether direct or indirect, from the contract; or

(b) one party to the contract is a firm or body corporate and he has a material interest, whether direct or indirect, in the firm or body corporate.

(6) For the purposes of paragraph (b) of subsection (5), a Member shall not be considered to have a material interest in a body corporate by reason only that–

(a) he holds debentures of the body corporate; or

(b) he holds shares in the body corporate with a total market value of less than the annual emoluments from office of the Member concerned.

(7) A Member shall be considered to have breached the code of conduct if–

(a) he fails, without reasonable cause, to make a declaration required by this section; or

(b) he knowingly makes a declaration that is false or misleading in a material particular.

Declarations of interest in Government contracts

7. A Member who is subject to section ten shall be considered to have breached the code of conduct if–

(a) he fails, without reasonable cause, to make a declaration required by this section; or

(b) he knowingly makes a declaration that is false or misleading in a material particular.

Failure to make declaration, or making of false declaration, under section 10.

Part III Supplementary provisions not applicable to all members

8. The provisions of this Part in their application to Ministers and Deputy Ministers shall constitute part of the code of conduct for Ministers for the purposes of the Constitution.

Relationship between this Part and the Constitution

9. (1) A person holding Ministerial office shall not do anything that is inconsistent with the principle of the collective responsibility of Ministers for the policy of the Government and the conduct of its affairs, and in particular shall not–

(a) publicly contradict or disassociate himself from any policy adopted by Cabinet;

(b) issue public statements criticising another person holding Ministerial office; or

(c) make unauthorised disclosures of Cabinet discussions, decisions or documents, collective responsibility of Ministers.

(2) Subject to subsection (3), a person holding Ministerial office shall ensure that meetings of Cabinet (in the case of a Minister or the Vice-President) and the National Assembly take precedence over other duties.

(3) A person holding Ministerial office may derogate from subsection (2) in an urgent case if he has obtained the consent of the President, in the case of a Cabinet meeting, or of the Speaker, the Leader of the House or the Chief Whip, in the case of a meeting of the National Assembly.

10. (1) This section applies to a Ministerial office or the office of Speaker or Deputy Speaker, and in this section a person holding such an office is called “an Officer”.

(2) An Officer shall–

(a) within thirty days after his appointment; and

(b) within thirty days after each anniversary of his appointment to the office concerned;

submit to the Chief Justice an annual declaration of assets, liabilities and income in accordance with this section.

(3) An annual declaration shall fairly state–

(a) the value of the assets (other than personal and household effects) and liabilities of the Officer as at the declaration date; and

(b) the total income of the Officer, together with his income from each source, for the twelve months preceding the declaration date.

(4) For the purposes of this section–

(a) an Officer appointed to an office before the commencement of this Act shall be deemed to have been appointed on the commencement of this Act; and

(b) where an Officer is appointed to another office to which this section applies without ceasing to be an Officer, a reference to his appointment to an office shall be read as a reference to his first appointments to an office to which this section applies.

(5) In this section, “declaration date” means the date of the Officer’s appointment or the anniversary thereof, as the case may be.

(6) Where an Officer was appointed to his office before the commencement of this Act, his first declaration shall state–

(a) the value of the assets (other than personal and household effects) and liabilities of the Officer as at

(i) the date of his appointment to office or 31st October, 1991, whichever is later; and

(ii) the declaration date; and

(b) the total income of the Officer, together with his income from each source, for the period since the date referred to in sub-paragraph (a) (i) or the date twelve months before the commencement of this Act, whichever is earlier.

Annual declaration of assets, liabilities and income

Part IV Administration and enforcement

11. (1) On receiving a declaration of interest under section six or a declaration of assets and income under section ten, the Chief Justice shall cause the particulars of the declaration to be entered in a register.

(2) The register shall be kept in such form as the Chief Justice approves and shall be made available for inspection by members of the public at all reasonable times.

Registration of declarations of interest and of assets

12. A declaration made for the purposes of section six or ten shall be deemed to be a statutory declaration.

Declarations deemed to be statutory declarations

13. (1) An allegation that a Member has breached Part II may be made to the Chief Justice by any person, in writing giving particulars of the breaches or breaches alleged, signed by the complainant and giving the complainant’s name and address. Complaints of breaches of Part II

(2) Where a Member considers that a statement made in the press or through the other public media alleges, directly or by implication, that he has breached Part II, he may report the particulars of the breach or breaches alleged, in writing, to the Chief Justice and request that the matter be referred to a tribunal.

(3) The Chief Justice shall notify the President and the Speaker of the allegation and shall appoint a tribunal in accordance with section fourteen to investigate the allegation.

(4) The tribunal shall, within forty-five days after its being appointed, submit a report on its findings to the President and to the Speaker and shall furnish a copy to the Member concerned.

(5) The Speaker shall, not later than seven sitting days after the first sitting of the National Assembly next after receiving the report, cause a copy of the report to be laid before the National Assembly.

14. (1) A tribunal for the purposes of this Act shall consist of three persons appointed by the Chief Justice from amongst persons who hold or have held the office of Judge of the Supreme Court or of the High Court.

The tribunal

(2) Where a tribunal has been constituted under subsection (3) of section thirteen, the Chief Justice may commission it to investigate further allegations received by him under that section, whether against the Member concerned or another Member.

(3) The Chief Justice shall appoint one Member of the tribunal as Chairman.

(4) If a member of a tribunal becomes unwilling to act or dies, the Chief Justice may appoint another member in his place.

(5) A tribunal shall conduct its inquiry in public;

Provided that may exclude representatives of the press or any or all other persons if it considers it necessary so to do for the preservation of order, for the due conduct of the inquiry or for any other reason.

(6) A tribunal may engage the services of such technical advisors or other experts as it considers necessary for the proper conduct of the inquiry.

(7) A tribunal may request assistance from other investigative organs, including the Police, the Anti-Corruption Commission and the Commission for Investigations, and those organs shall be empowered to provide information to the tribunal and to conduct investigations on its behalf.

(8) In its report, the tribunal may make such recommendations as to administrative actions, criminal prosecutions or other further actions to be taken as it thinks fit.

(9) If the tribunal considers that an allegation was malicious, frivolous or vexatious, or that the particulars accompanying it are insufficient to allow a proper investigation to proceed, it shall say so in its report.

(10) Sections seven, eleven, thirteen, fourteen, fifteen and seventeen of the Inquiries Act shall apply to a tribunal as if–

(a) the tribunal were a commission appointed under the Act;

(b) a reference to a commissioner were a reference to a member of the tribunal; and

(c) a reference to the President were a reference to the Chief Justice.

15. Any fees, remuneration or expenses payable in respect of a tribunal under this Act shall be paid out of moneys appropriated by Parliament for that purpose.

Payment of fees, remuneration or expenses

16. (1) An allegation that a person holding Ministerial office has breached section eight may be made to the President by any person in writing signed by the complainant and giving the complainant’s name and address.

Complaints of breaches of section 8

(2) The President shall give a copy of the allegation to the Minister concerned.

Part V Miscellaneous

17. A person who makes an allegation under section thirteen or sixteen knowing it to be false, shall be guilty of an offence and shall be liable on conviction to a term of imprisonment not exceeding one year.Offence of false allegation

18. Nothing in this Act shall have the effect of limiting the right of a Minister to resign as Minister, or of a Member to resign as a Member.

19. Nothing in this Act shall have the effect of limiting or derogating from the Corrupt Practices Act or any other written law.

20. (1) The President may make regulations for or with respect to any matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. Regulations

(2) Without restricting the generality of subsection (1), the regulations may prescribe–

(a) the values of gifts or benefits referred to paragraph (e) of section four;

(b) fees for the inspection of the register referred to in section eleven;

(c) particulars of the manner in which the register referred to in section eleven shall be made public; and

(d) particulars of assets or income which must be disclosed in a declaration under section ten.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

Acts 34/I985, 8/1988 (s. 164), 18/1989 (s. 39), 11/1991 (s. 28), 22/1992 (s. 16), 15/1994, 22/2001, 2/2002, 14/2002.

PART II

PREVENTION OF CORRUPTION

3 Corrupt practices

(1) If—

(a) any agent corruptly solicits or accepts or obtains, or agrees to accept

or attempts to obtain, from any person a gift or consideration for himself or any other person as an inducement or reward—

(i) for doing or not doing, or for having done or not done, any act in

relation to his principal’s affairs or business; or

(ii) for showing or not showing, or for having shown or not shown, favour or disfavour to any person or thing in relation to his principal’s affairs or business;

(b) or any person corruptly gives or agrees to give or offers any gift or

consideration to any agent for himself or any other person as an inducement or reward—

(i) for doing or not doing, or for having done or not done, any act in relation to his principal’s affairs or business; or

(ii) for showing or not showing, or for having shown or not shown, favour

or disfavour to any person or thing in relation to his principal’s affairs or business; (c) or any—

(i) agent, with intent to deceive his principal, uses; or

(ii) person, with intent to deceive the agent’s principal, gives to an agent;

any receipt, account or other record in respect of which the principal is interested and which contains a statement that is false or erroneous or defective in a

material particular; or

(d) any agent, by arrangement with any seller of goods or with any person engaging to render any services, secretly obtains any gift or consideration for himself

or for any other person in connection with his principal’s affairs or business; or

(e) any seller of goods, or any person offering his services, secretly offers any gift or consideration to an agent for himself or for any other person in regard to

the sale of the goods or to the employment of his services in connection with the

affairs or business of the agent’s principal; or

( f ) any agent, with intent to deceive his principal or to obtain any gift or consideration for himself or any other person, fails to disclose to his principal the full nature of any transaction carried out in connection with his principal’s affairs orbusiness;

he shall be guilty of an offence.

(2) Any person who is guilty of an offence in terms of subsection (1) shall be liable to—

(a) a fine not exceeding three times the value of the gift or consideration concerned or level fourteen ,whichever is the greater; or

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

(b) imprisonment for a period not exceeding twenty years; or to both such fine and such imprisonment.

(3) Where a court has convicted a person of an offence in terms of subsection (1) and does not exercise its powers in terms of section 62 of the Criminal Procedure and

Evidence Act [Chapter 9:07] to declare any gift or consideration unlawfully obtained by the convicted person to be forfeited to the State, the court may, in addition to passing sentence, give summary judgment in favour of the convicted person’s principal or former principal for an amount equal to the value of any such gift or consideration, together with any interest that may have accrued thereon.

(4) A judgment given in terms of subsection (3) shall have the same effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court concerned.

4 Offences by public officers

If a public officer, in the course of his employment as such—

(a) does anything that is contrary to or inconsistent with his duty as a public officer; or

(b) omits to do anything which it is his duty as a public officer to do;

for the purpose of showing favour or disfavour to any person, he shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. [amended by Act 22 of 2001, with effect from the 10th September, 2002]

5 Competent verdict

A public officer charged with an offence in terms of section three may be found guilty of a contravention of section four, if such are the facts proved.

PART III

INVESTIGATION OF CLAIMS ARISING FROM DISHONESTY OR CORRUPTION

6 Power of Minister to specify persons

(1) Where the Minister, on reasonable grounds, suspects that any person—

(a) by theft, fraud or other unlawful means, has caused the misappropriation or loss of property of the State, a statutory body, a local authority or any other person; or

(b) has received property from the State, a statutory body, a local authority or any other person, whether directly or indirectly, in contravention of any law or as a result, either direct or indirect, of the action of any person who has caused misappropriation or loss such as is referred to in paragraph (a); or

(c) has accepted or obtained a gift or consideration in contravention of section three; or

(d) has obtained any advantage or profit corruptly or in circumstances that amount to an offence in terms of this Act; or

(e) is associated with, or has been party to any transaction whatsoever with, any other person who has done anything referred to in paragraph (a), (b), (c) or

(d) and, as a result of such association or transaction, may be liable to the State, a statutory body, a local authority or any other person for any claim or proceedings in respect of any property or be liable to have the transaction set aside;

and is satisfied that it is in the national interest to do so, he may, by notice published in the Gazette, declare such person to be a specified person.

(2) The Minister may, at any time, by notice published in the Gazette, amend or revoke any declaration made in terms of subsection (1), and shall revoke any such declaration within fourteen days after receiving a final report from the investigator in terms of paragraph (b) of subsection (1) of section eight, unless¾¾

(a) he considers on reasonable grounds that there are further matters for the investigator to investigate and determine; or

(b) criminal proceedings have been or may be instituted in connection with the investigation; or

(c) winding-up or liquidation proceedings have been or may be instituted in connection with the investigation.

[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002 – Editor.]

7 Appointment of investigators

(1) The Minister may appoint any member of the Public Service or any other suitable person to be an investigator for the purposes of this Act.

(2) Where the Minister has, in terms of section six, declared any person to be a specified person, he shall, without delay, assign one or more investigators to that specified person.

(3) The Minister shall furnish every investigator with a letter of appointment and the investigator shall, on request, display his letter of appointment to any interested person.

(4) An investigator who is not a member of the Public Service shall be paid out of moneys appropriated for the purpose by Act of Parliament such remuneration and allowances as the Minister may fix with the approval of the Minister responsible for finance.

8 Functions of investigators

(1) The functions of an investigator shall be—

(a) to investigate the affairs and business of the specified person to whom he has been assigned and determine—

(i) whether or not the specified person has been involved in any conduct referred to in paragraphs (a) to (e) of subsection (1) of section six and, if he has, whether or not the State or a statutory body, local authority or other person has a claim against him as a result of or arising out of such conduct; and

(ii) the extent and nature of any claim referred to in subparagraph (i); and

(iii) the most expeditious or advantageous method of enforcing or preserving any claim referred to in subparagraph (i);

(b) and to report to the Minister on the result of his investigation; and

(c) to exercise any other function conferred upon him by or in terms of this Act.

(2) In the exercise of his functions, an investigator shall have power—

(a)to call for the production of, and examine, take extracts from and, for the duration of his investigation, take possession of any books or records belonging to or in the custody of the specified person concerned or any other person employed by or in any way associated with the specified person;

(b) to examine any property of the specified person concerned;

(c) in addition to his powers in terms of section nine, to question the specified person concerned or any other person employed by or in any way associated with the specified person;

(d) to enter and search any premises—

(i) belonging to or controlled by the specified person concerned; or

(ii) wherein or whereon he has reason to believe there may be evidence as to any transaction carried out by or on behalf of the specified person concerned:

Provided that an investigator shall not enter or search any premises in terms of this paragraph without the consent of the occupier unless there are reasonable grounds for believing that the entry is necessary for the prevention, investigation or detection of an offence.

(3) An investigator appointed in terms of section seven may exercise his functions in terms of this Act through any employee, assistant or other person authorized by him.

9 Examination of persons by investigators

(1) If at any time an investigator considers it necessary or desirable to do so, he may summon—

(a) the specified person to whom he has been assigned; or

(b) any other person, including the spouse of the specified person, who, in the opinion of the investigator—

(i) may be able to give material information concerning the affairs or

property of the specified person or concerning any transaction carried out by him or on his behalf; or

(ii) has in his possession or custody any book, document or record containing any information referred to in subparagraph (i);

to appear before the investigator for examination at a place, time and date specified in the summons and, where appropriate, to bring with him any book, document or record specified in the summons.

(2) A summons in terms of subsection (1) shall be in writing and may be served upon the person to whom it is addressed by the investigator or a police officer or by any person authorized by the investigator.

(3) An investigator may administer an oath to any person summoned in terms of subsection (1) and may—

(a) interrogate that person concerning all matters relating to the affairs or business or property of the specified person or concerning any transaction carried out by or on behalf of the specified person; and

(b) require that person to produce to the investigator any book, document or record he was required in the summons to bring with him.

(4) Subject to this section, the law applicable to the privilege of a witness summoned to give evidence or to produce any book, document or record in a court of law shall apply to any person examined or required to produce any book, document or record in terms of this section.

(5) No person examined or required to produce any book, document or record in terms of this section shall be entitled to refuse to answer any question or to produce the book, document or record concerned. on the ground that—

(a) to answer the question or produce the book, document or record, as the case may be—

(i) might or would tend to incriminate him; or

(ii)would disclose a communication from the spouse of the person made during their marriage;

(b)or the spouse of the person would be entitled to refuse to answer the question or to produce the book, document or record, as the case may be.

(6) A banker, if required to do so in terms of this section, shall be obliged—

(a)to produce any cheque, document, book or record in his possession; and

(b) to answer any question;

relating to any account kept at his bank by a specified person or his spouse or by any person who is or was in any way associated with or a party to any transaction with the specified person or his spouse.

(7) Any person summoned in terms of this section may be assisted at the proceedings by his legal practitioner.

(8) No person shall be present at proceedings in terms of this section, other than—

(a) the investigator; and

(b)any person giving or producing evidence; and

(c) legal practitioners advising the investigator or representing the specified person concerned or any person giving or producing evidence; and

(d) any other person whose presence the investigator considers to be

necessary for the proper and efficient conduct of the proceedings.

(9) If a person who may be summoned in terms of this section made a statement which was reduced to writing, the written statement may be read by or read over to that person after he has been sworn in terms of this section and, if he then adheres to it, it shall be deemed to be evidence given by him in terms of this section and shall form part of the record kept in terms of subsection (11).

(10) The investigator may adjourn any proceedings held in terms of this section to a date, time and place specified by him and may require any person present or in attendance at such proceedings to appear at the adjourned proceedings and to bring with him any book, document or record which the investigator may specify and which, in the opinion of the investigator, contains information concerning the affairs or business or property of the specified person or concerning any transaction carried out by or on behalf of the specified person.

(11) The investigator shall keep a record of proceedings held in terms of this section, or cause a record of them to be kept, in the manner provided for the recording of criminal proceedings before a magistrates court.

(12) Subject to section eleven, the law relating to—

(a) the publication of criminal proceedings held in camera before a magistrates court; and

(b)access to the record of such proceedings;

shall apply, mutatis mutandis, in respect of proceedings held in terms of this section and the record thereof, as if the specified person were an accused person and the investigator were a magistrate.

(13) A document purporting—

(a) to be a record of proceedings held in terms of this section; and

(b) to have been certified as correct by the investigator who conducted the proceedings;

shall be admissible in evidence before any court on its production by any person as prima facie proof of what was said and done in the course of the proceedings in question.

(14) It shall be presumed, unless the contrary is proved, that any proceedings at which was kept a record referred to in subsection (13) were duly held and that all acts performed in the course of those proceedings were validly performed.

10 Transactions by specified persons

(1) Subject to this section, a specified person shall not—

(a) expend or in any way dispose of any property; or

(b) enter into any contract for the disposal of any property; or

(c) operate any account with any bank, building society or financial institution; or

(d) increase his indebtedness or adversely affect his estate; or

(e) perform any act as a director of a company or as a partner in a partnership or in any manner conduct or manage the business or affairs of a company or partnership; or

( f ) perform any act as an agent of a company or partnership that is also a specified person without the approval of the investigator assigned to the specified person or otherwise than in accordance with any conditions imposed by the investigator;

without the approval of the investigator assigned to that specified person or otherwise than in accordance with any conditions imposed by the investigator.

(2) No person shall do anything referred to in subsection (1) for or on behalf of a specified person, without the approval of the investigator assigned to the specified person or otherwise than in accordance with any conditions imposed by the investigator.

(3) For the purposes of subsection (1) or (2), an investigator may—

(a) grant general approval for any specified class of transactions; and

(b) impose conditions on any approval granted by him; and

(c) revoke any approval granted by him or amend any condition subject to which it was granted:

Provided that such revocation or amendment shall not affect the validity of anything done prior thereto.

(4) Without derogation from the generality of subsection (3), an investigator may, for the purposes of subsection (1) or (2), grant approval for all transactions on condition that security is given by or on behalf of the specified person in such form and amount as the investigator considers will satisfy any claim against the specified person resulting from or arising out of any conduct referred to in subsection (1) of section six.

(5) An investigator shall grant approval in terms of subsection (1) or (2) for any transaction which he is satisfied forms part of the ordinary course of business of the specified person concerned.

(6) Subsections (1) and (2) shall not apply in respect of—

(a) any transaction where the total value of any property or expenditure does not exceed ten dollars; or

(b) anything done in pursuance of an order of any court.

(7) Any transaction carried out in contravention of subsection (1) or (2) shall be void and, where any property has been transferred as a result of any such transaction, the

investigator may, on behalf of the specified person, recover any such property by proceedings in any court.

(8) Nothing in this section shall be construed as limiting in any way the right of any person to bring any proceedings in any court, including proceedings under the Companies Act [Chapter 24:03] or the Insolvency Act [Chapter 6:04], for the purposes of enforcing any claim he may have against a specified person.

(9) For the avoidance of doubt, it is declared that, save as provided in this Act, a specified person shall be entitled to carry on his ordinary course of business.

11 Prohibition against disclosure of investigators’ reports

The Minister shall ensure that the report of an investigator is not disclosed, without the consent of the specified person concerned, to any person except persons who are concerned in—

(a) the investigation or prosecution of any offence; or

(b) the recovery of any debt; or

(c) the institution or carrying on of any civil proceedings;

which arise out of or relate to any fact or matter dealt with in the report.

12 Appeals

Any person who is aggrieved by—

(a) the declaration of any person as a specified person; or

(b) any decision or action of an investigator;

may appeal to the Minister, who may confirm the declaration, decision or action concerned or take such other action in the matter as he thinks fit.

13 Offences relating to investigations

(1) Any person who—

(a) threatens, resists, hinders or obstructs or uses foul, abusive or insulting language towards or at an investigator; or

(b) falsely holds himself out to be an investigator; or

(c) having been summoned or required in terms of section nine to appear at any proceedings held in terms of that section, fails without lawful excuse to appear at the required place, time and date; or

(d) having appeared at proceedings held in terms of section nine in answer to a summons or requirement in terms of that section, refuses to be sworn in terms of subsection (3) of that section; or

(e) without lawful excuse, fails or refuses to answer fully, to the best of his ability, any question put to him by an investigator; or

( f ) without lawful excuse, fails or refuses to produce any book or record when required to do so by an investigator;

shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

(2) Any person who contravenes subsection (1) or (2) of section ten, or who takes part in any transaction prohibited by either of those subsections, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. [amended by Act 22 of 2001, with effect from the 10th September, 2002]

PART IV

GENERAL

14 Prevention of victimization

(1) In this section—

“corrupt practice” includes—

(a) any contravention of section three or four; or

(b) any misappropriation or loss of property caused by theft, fraud or other unlawful means; or

(c) any receipt of property in contravention of any law or as a result, whether direct or indirect, of the action of any person who has caused misappropriation or loss such as is referred to in paragraph (b). (2) Any person who, without lawful excuse—

(a) prevents any other person from giving any information, whether in terms of this Act or otherwise, concerning any corrupt practice; or

(b) threatens or does any other thing calculated or likely to deter any other person from giving any information, whether in terms of this Act or otherwise, concerning any corrupt practice; or

(c) does anything calculated or likely to prejudice any other person because that other person has given any information, whether in terms of this Act or otherwise, concerning any corrupt practice;

shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

(3) Nothing in this section shall prevent any lawful action being taken against any person who has given false information concerning any corrupt practice or alleged corrupt practice.

15 Presumptions and evidence

(1) In this section—

“group of companies” means two or more companies which—

(a) have the relationship to each other of holding company and subsidiary or wholly owned subsidiary as defined in the Companies Act [Chapter 24:03]; or

(b) are substantially controlled by the same person or persons, whether as shareholders, directors or otherwise; or

(c) carry on any business or activity in partnership or association with each other:

Provided that such companies shall be regarded as members of the same group of companies only in relation to such business or activity.

(2) If it is proved in any prosecution for an offence in terms of section three or four that—

(a) any agent has solicited, accepted, obtained, agreed to accept or attempted to obtain any gift or consideration for himself or for any other person, it shall be presumed, unless the contrary is proved, that the agent did so in contravention of section three;

(b) any person has given, agreed to give or offered any gift or consideration—

(i) to an agent for himself or any other person; or

(ii) to any other person, after agreeing with an agent to do so;

it shall be presumed, unless the contrary is proved, that the person did so in contravention of section three;

(c) any agent has used, or any person has given to an agent, a receipt, account or other record in respect of which the agent’s principal was interested and which the agent or person, as the case may be, knew or ought to have known was false or erroneous or defective in a material particular, it shall be presumed, unless the contrary is proved, that the agent or person, as the case may be, did so with intent to deceive the agent’s principal;

(d) any agent has failed to disclose to his principal the full nature of any transaction carried out in the course of his agency, it shall be presumed, unless the contrary is proved, that the agent did so with intent to deceive his principal and to obtain a gift or consideration for himself or for any other person;

(e) any public officer, in breach of his 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 did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person.

(3) If it is proved in any prosecution for an offence in terms of paragraph (c) of subsection (2) of section fourteen that any person has done anything that is calculated or likely to prejudice another person who has given information concerning a corrupt practice involving the first-mentioned person, that first-mentioned person shall be presumed, unless the contrary is proved, to have done the thing because that other person gave that information.

(4) If it is proved that a company which is a member of a group of companies—

(a) has ommitted an offence in terms of section three; or

(b) by theft, fraud or other unlawful means, has caused misappropriation or loss of property of the State, a statutory body, a local authority or any other person; or

(c) has received property from the State, a statutory body, a local authority or any other person, whether directly or indirectly, in contravention of any law or as a result, either direct or indirect, of the action of any person who has caused misappropriation or loss such as is referred to in paragraph (b);

then, in any civil or criminal proceedings brought in respect of such offence, misappropriation, loss or receipt of property—

(i) it shall be presumed, unless the contrary is proved, that every company in the same group of companies was a party to such offence, misappropriation, loss or receipt; and

(ii) any evidence that would be admissible against any one company in the same group of companies shall be admissible against every other company in the same group of companies.

(5) Nothing in subsection (4) shall be construed as derogating from section 385 of the Criminal Procedure and Evidence Act [Chapter 9:07].

16 Indemnity

No liability for damages shall attach to the President, a Vice-President, any Minister or Deputy Minister or an investigator in respect of anything done by him, in good faith and without negligence, for the purposes of this Act.

17 Effect of Act on other laws

This Act shall be construed as additional to, and not in substitution for, any other law relating to—

(a) agents and their principals; or

(b) the duties of public officers and the consequences of any breach of such duties; or

(c) the investigation of offences and the examination of persons in connection with suspected offences.

18 Regulations

(1) The Minister may make regulations which in his opinion are necessary or convenient for the better carrying out of or giving effect to this Act.

(2) Regulations made in terms of subsection (1) may provide for—

(a) the disclosure by persons of the origin, extent and nature of their past and present assets and liabilities;

(b) the disclosure by public officers and other agents of interests in contracts or proposed contracts or other matters connected with the business or affairs of their principals;

(c) the better protection from victimization or other prejudice of persons who give information, whether in terms of this Act or otherwise, concerning any corrupt practice or other dishonest or unlawful conduct.

(3) Regulations made in terms of subsection (1) may provide penalties for contraventions thereof, not exceeding a fine of level seven or imprisonment for a period of one year or both such fine and such imprisonment.

Published in Government Gazette 26th November, 2004 as Act 13/2004 (General Notice 548/2004)

ARRANGEMENT OF SECTIONS

Section

1. Short title and date of commencement.

2. Interpretation.

3. Anti-Corruption Commission to be a corporate body.

4. Appointment of Chairperson and Deputy Chairperson of Commission.

5. Qualifications of Chairperson.

6. Tenure of office of members.

7. Conditions of service of members.

8. Disclosure of interests by members.

9. Disqualification for appointment as a member.

10. Termination of membership.

11. Objects of Commission.

12. Functions of Commission.

13. Powers of Commission.

14. Staff of Commission.

15. Meetings of Commission.

16. Committees of Commission.

17. Reports of Commission.

18. Funds of Commission.

19. Regulations.

SCHEDULE: Powers of Commission.

ACT

To provide for the establishment of the Anti-Corruption Commission in order to combat corruption, and to provide for matters connected with or incidental to the foregoing.

WHEREAS section 108A of the Constitution provides as follows:

“108A Anti-Corruption Commission

(1) There shall be an Anti-corruption Commission consisting of at least four and not more than nine members appointed by the President.

(2) Persons appointed to the Anti-Corruption Commission shall be persons of integrity chosen for their knowledge of and experience in administration or the prosecution or investigation of crime or for their general suitability for appointment and—

(a) at least one shall be entitled to practise as a legal practitioner; and

(b) at least one shall be entitled to practise as an auditor or public accountant in Zimbabwe; and

(c) at least one shall have had not less than ten years’ experience in the investigation of crime.

(3) The Anti-Corruption Commission shall have the following functions:—

(a) to combat corruption, theft, misappropriation, abuse of power and other improprieties in the conduct of affairs in both the public and private sectors;

(b) to make recommendations to the Government and to organizations in the private sector on measures to enhance integrity and accountability and to prevent improprieties; and

(c) to exercise any other functions that may be conferred or imposed on the Commission by or under an Act of Parliament.

(4) An Act of Parliament may confer powers on the Anti-Corruption Commission, including power—

(a) to conduct investigations and inquiries on its own initiative or on receipt of complaints;

(b) to require assistance from members of the Police Force and other investigative agencies of the State; and

(c) through the Attorney-General, to secure the prosecution of persons for corruption, theft, misappropriation, abuse of power and other improprieties.”;

AND WHEREAS Heads of States and of Governments of the Southern African Development Community have, by signing the SADC Protocol Against Corruption on the 14th of August, 2001 in Blantyre, Malawi, accepted that corruption is a serious problem that needs to be tackled as a matter of extreme urgency, and committed themselves to fight corruption and undertaken to put in place measures and mechanisms that would eliminate the scourge of corruption;

AND WHEREAS it is desirable to make further provision for the Anti-Corruption Commission and for persons employed in connection with that Commission;

NOW THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as follows:—

1 Short title and date of commencement

(1) This Act may be cited as the Anti-Corruption Commission Act [Chapter 9:22].

(2) This Act shall come into operation on a date to be fixed by the President by statutory instrument:

2 Interpretation

In this Act—

“Chairperson” means the Chairperson of the Commission appointed in terms of subsection (2) of section four;

“Commission” means the Anti-Corruption Commission constituted in terms of section 108A of the Constitution;

“Deputy Chairperson” means the Deputy Chairperson of the Commission appointed in terms of subsection (2) of section four;

“judicial officer” means a judge, president, magistrate, presiding officer or other person presiding over a court or tribunal;

“member” means a member of the Commission, including the Chairperson and Deputy Chairperson;

“Minister” means the Minister of Special Affairs in the President’s Office in charge of the Anti-Corruption and Anti-Monopolies Programme or any other Minister to whom the President may from time to time assign the administration of this Act;

“offence related to corruption” means—

(a) a contravention of the Prevention of Corruption Act [Chapter 9:16]; and

(b) any other offence specified by the Minister by notice in a statutory instrument after consultation with the Commission;

“officer” means an officer of the Commission appointed in terms of subsection (1) of section fourteen;

“public office” means a paid office in the service of the State, a statutory body or a local authority;

“public officer” means—

(a) the President, a Vice-President, Minister or Deputy Minister; or

(b) a judicial officer; or

(c) a governor appointed in terms of an Act referred to in section IIIA of the Constitution; or

(d) a member of a council, board, committee or other authority which is a statutory body or local authority or which is responsible for administering the affairs or business of a statutory body or local authority; or

(d) a person holding or acting in a public office;

“statutory body” means—

(a) any Commission established by the Constitution; or

(b) any body corporate established directly by or under an Act for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice President or by a Minister.

3 Anti-Corruption Commission to be a corporate body

The Anti-Corruption Commission shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate may by law perform.

4 Appointment of Chairperson and Deputy Chairperson of Commission

(1) The President shall appoint a Chairperson and a Deputy Chairperson from among the members of the Commission.

(2) If the office of the Chairperson is vacant or the Chairperson is absent from duty, the Deputy Chairperson shall, save where the President otherwise directs, act as Chairperson.

5 Qualifications of Chairperson

The Chairperson shall be a person who—

(a) has at least ten years experience in the investigation of crime; or

(b) has seven years post qualification experience as an auditor or public accountant; or

(c) is eligible to be appointed as a judge or has been a judge of the High Court or Supreme Court of Zimbabwe; or

(d) in the opinion of the President, is a person of ability and experience and distinguished in the public life of Zimbabwe.

6 Tenure of office of members

(1) The Chairperson shall hold office for a period of three years and may be re-appointed for another term of three years but shall not be eligible for reappointment thereafter.

(2) A member shall hold office for a period of two years and may be re-appointed for another term of two years but shall not be eligible for re-appointment thereafter.

7 Conditions of service of members

(1) The members shall hold office on such terms and conditions, including such terms and conditions relating to the payment of salary, allowances and pensions benefits as the President may fix in consultation with the Minister and the Minister responsible for finance.

(2) Each member shall, before entering upon his or her office, take and subscribe before the President, or some other person authorised by the President in that behalf, the oath or affirmation of office set out in Schedule 1 of the Constitution.

(3) The salaries, allowances and any pension benefits payable to the members shall be paid out of the Consolidated Revenue Fund, which is hereby appropriated for the purpose.

(4) The salary, allowances and pension benefits payable to a member under subsection (1) shall not be reduced during the period he or she holds the office concerned or acts as holder thereof.

(5) At the time of appointment every member shall undertake not to hold any other public office during his or her term of office.

8 Disclosure of interests by members

(1) Before any member performs any function as such, the member shall disclose in writing to the President the full extent of—

(a) every occupation, service or employment in which the member or his or her spouse engages for remuneration; and

(b) all assets held by the member or his or her spouse, in excess of such value as the President may specify.

(2) As soon as possible after the member or his or her spouse—

(a) commences any occupation, service or employment for remuneration; or

(b) acquires any asset in excess of such value as the President may have specified in terms of paragraph (b) of subsection (1);

the member shall disclose that fact in writing to the President.

9 Disqualification for appointment as a member

(1) The President shall not appoint a person as a member and no person shall be qualified to hold office if that person—

(a) is not a citizen of Zimbabwe; or

(b) is under the age of forty years; or

(c) has been adjudged or otherwise declared insolvent or bankrupt in terms of a law in force in any country, and has not been rehabilitated or discharged; or

(d) has made an assignment to or arrangement or composition with his or her creditors in terms of a law in force in any country, and the assignment, arrangement or composition has not been rescinded or set aside; or

(e) has been convicted—

(i) in Zimbabwe, in respect of an offence involving dishonesty; or

(ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would have constituted an offence involving dishonesty

(2) A person who is—

(a) a member of Parliament; or

(b) a member of a statutory body;

shall not be appointed as a member, nor shall that person hold office as a member.

(3) For the purposes of paragraph (b) of subsection (2) a person who is appointed to a council, board or other authority which is a statutory body, or which is responsible for the administration of the affairs of a statutory body, shall be regarded as a member of that statutory body.

10 Termination and suspension of membership

(1) For the purposes of subsections (5) and (6) there shall be a committee, hereinafter in this section referred to as “the Independent Disciplinary Committee”, consisting of—

(a) a person, not being a member of the Commission, appointed by the President from a list of three registered legal practitioners recommended by the Minister, who shall be the chairperson of the Independent Disciplinary Committee; and

(b) a member of the Commission chosen by the President from a panel of three members of the Commission nominated by the Commission; and

(c) a person who shall not be a member of Parliament chosen by the President from a list of not less than three names submitted by the portfolio committee of Parliament responsible for legal affairs.

(2) A member of the Commission shall vacate his or her office if the member—

(a) has, subject to subsections (3), (4) and (5), been found to have conducted himself or herself in a manner that renders him or her unsuitable to continue as a member; or

(b) has failed to comply with any term or condition of office fixed by the President; or

(c) is mentally or physically incapable of efficiently carrying out his or her functions as a member; or

(d) has been absent without the permission of the Commission from three consecutive meetings of the Commission of which he or she was given at least seven days’ notice, and there was no just cause for the member’s absence; or

(e) has given one month’s notice in writing to the Minister of his or her intention to resign office or after the expiry of such other period of notice as the member and the Minister may agree.

(3) The President may suspend a member of the Commission—

(a) whom he or she suspects on reasonable grounds of having been guilty of conduct referred to in paragraph (a) of subsection (2); or

(b) against whom criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed;

and while that member is so suspended he or she shall not carry out any functions as a member.

(4) A member suspended in terms of paragraph (a) of subsection (3) shall be given notice in writing of the grounds for the suspension and may, within fourteen days of being so notified, make written representations to the Independent Disciplinary Committee showing cause why no finding of misconduct rendering him or her unsuitable to be a member of the Commission should not be made.

(5) The Independent Disciplinary Committee shall require a member suspended in terms of subparagraph (a) of subsection (3) to vacate his or her office if—

(a) no representations are made by the member in terms of subsection (4); or

(b) it finds that the member is guilty of the misconduct alleged under paragraph (a) of subsection (2).

(6) If the Independent Disciplinary Committee finds that a member suspended in terms of subparagraph (a) of subsection (3) is not guilty of the misconduct alleged, the suspension of the member shall, by virtue of that finding, be rescinded.

11 Objects of Commission

Subject to this Act, the objects of the Commission shall be—

(a) to promote the investigation of serious cases of corruption and fraud;

(b) to make proposals for the elimination of corruption in the public and private sectors;

(c) to promote awareness among the public of the causes of corruption and its effects on society;

(d) to propose new or more effective procedures for the administration of the Commission.

12 Functions of Commission

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 minimization 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.

13 Powers of Commission

(1) Subject to this Act, for the better exercise of its functions the Commission shall have power to do or cause to be done, either by itself or through its agents, all or any of the things specified in the Schedule, either absolutely or conditionally and either solely or jointly with others.

(2) The Commission shall exercise its powers concurrently with those of the police.

(3) In exercising its powers, the Commission shall be governed by the relevant provisions of the Criminal Procedure and Evidence Act [Chapter 9:07] which govern the police.

(4) An officer who intends to make any search, entry or seizure for the purposes of this section shall—

(a) notify the officer commanding the police district in which the officer intends to make the search, entry or seizure; and

(b) be accompanied by a police officer assigned to him or her or by the police officer referred to in paragraph (a):

Provided that where an officer has reason for believing that any delay involved in obtaining the accompaniment of a police officer would defeat the object of the search, entry or seizure, he or she may make such search, entry or seizure without such police officer.

(5) In the event of any conflict arising in the exercise of their powers between the Commission and the Zimbabwe Republic Police, the Attorney-General shall have the power to intervene and direct the parties to do anything that in his or her opinion must be done to resolve the conflict.

14 Staff of Commission

(1) The Commission in consultation with the Minister and the Minister responsible for finance may employ on such terms and conditions as it may determine officers who are necessary for the conduct of the business of the Commission and may suspend, discipline or discharge any such persons in accordance with standing orders referred to in paragraph 10 of the Schedule.

(2) The officers of the Commission shall not be members of the Public Service Commission.

15 Meetings of Commission

(1) The Chairperson shall, as often as he or she considers it necessary for the fulfilment of the objects and the exercise of the functions of the Commission, fix the date, time and place of meetings of the Commission.

(2) The Chairperson or Deputy Chairperson and any three members shall constitute a quorum.

(3) Any question arising at a meeting of the Commission shall be decided by a majority of the members present and voting and, in the event of there being equal votes, the Chairperson or Deputy Chairperson (as the case may be) shall have a casting vote.

(4) The Chairperson may, with the approval of the Commission, invite any person with special knowledge or experience of any matter under consideration in terms of this Act to attend a meeting of the Commission, but such person shall not vote on any question before the Commission.

(5) The Commission may regulate the proceedings at its meetings as it thinks fit, and shall keep minutes of the proceedings.

16 Committees of Commission

(1) For the consideration of any matter in terms of this Act, the Commission may appoint one or more committees on which it may confer such of the functions of the Commission as it thinks fit:

Provided that the vesting of any functions in a committee in terms of this section shall not thereby divest the Commission of such functions, and the Commission may amend or rescind any decision of any committee in the exercise of its functions.

(2) In appointing a committee in terms of subsection (1), the Commission shall appoint not fewer than three and not more than five persons, who may be chosen from members and from persons having special knowledge or experience of the matter to be considered by the committee:

Provided that at least one person appointed to the committee shall be a member.

(3) Members appointed in terms of subsection (1) shall elect one of their number to be chairperson of the committee.

(4) A member of a committee appointed in terms of subsection (1) who is not a member of the Commission and is not in full-time employment of the State, a statutory body or a local authority shall be paid from the funds of the Commission such allowances as the Commission may fix with the approval of the Minister responsible for finance.

(5) Section fifteen shall apply, with any changes that may be necessary, to meetings and reports of a committee appointed in terms of subsection (1).

(6) Any report of a committee appointed in terms of subsection (1) shall, if such report is approved by the Commission, be deemed to be a report of the Commission.

17 Reports of Commission

(1) The Commission shall, in addition to its annual report referred to in subsection (5), submit to the Minister—

(a) such reports as the Minister may require; and

(b) such occasional or periodic reports as it considers advisable;

in connection with any matter related to its functions.

(2) In the case of dissent from the majority recommendations of a report, the Commission shall, at the request of the dissenting member, record the dissent and the reasons therefor.

(3) At any time, before making a final report the Commission may, or, if so directed by the Minister, shall make an interim report on any matter under consideration by it.

(4) The Commission may, after submitting a report to the Minister, publish such report in such manner as it thinks fit.

(5) The Commission shall, as soon as practicable after the 31st December in each year, prepare and submit to the Minister an annual report on all its activities during the year ended on that date.

(6) The Minister shall lay before Parliament, on one of the fourteen days on which Parliament next sits after the report is received by him or her—

(a) the annual report submitted to him in terms of subsection (5); and

(b) any other report submitted to him or her in terms of this section which the Commission has requested should be laid before Parliament;

together with any comments as the Minister thinks fit to make thereon.

18 Funds of Commission

(1) The funds of the Commission shall consist of such moneys as may be payable to the Commission from moneys appropriated for the purpose by Act of Parliament.

(2) The Commission’s financial year shall be the period of twelve months ending on the 31st December in each year or such other date as the Minister may prescribe.

(3) The Commission shall ensure that proper accounts and other records relating to the accounts are kept in respect of all its activities, funds and property, including such particular accounts and records as the Minister may direct.

(4) Not later than three months after the end of each financial year of the Commission, the Commission shall prepare and submit to the Minister a statement of accounts in respect of that financial year or such other period as the Minister may direct.

(5) Subject to the Audit and Exchequer Act [Chapter 22:03], the Commission shall appoint as auditors one or more persons who are registered as public auditors in terms of the Public Accountants and Auditors Act [Chapter 27:12].

(6) The accounts kept by the Commission in terms of subsection (3) shall be examined by the auditors appointed in terms of subsection (5).

(7) The auditors appointed in terms of subsection (5) shall make a report to the Commission and to the Minister on the statement of accounts prepared in terms of subsection (4), and in their report shall state whether or not in their opinion the statement of accounts gives a true and fair view of the Commission’s financial affairs.

19 Regulations

The Minister after consultation with the Commission may make regulations providing for all matters which by this Act are required or permitted to be prescribed or which, in his or her opinion, are necessary or convenient to be provided for in order to carry out or give effect to this Act.

schedule (Section 13)

Powers of Commission

To make recommendations to the police to arrest and detain any persons reasonably suspected of committing any of the following offences and communicate any such recommendation to the Attorney-General—

(a) any offence related to corruption;

(b) contravening section 63 (“Money-laundering”) of the Serious Offences (Confiscation of Profits) Act [Chapter 9:17];

(c) the sale, removal or disposal outside Zimbabwe of any controlled product in contravention of the Grain Marketing Act [Chapter 18:14];

(d) any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones;

(e) any contravention of section 42 (“Offences relating to banknotes”) of the Reserve Bank of Zimbabwe Act [Chapter 22:15] or committing any offence relating to the coinage;

(f) contravening subparagraph (i) of paragraph (a) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] as read with¾

(i) subsection (1) of section 4 of the Exchange Control Regulations, 1996, published in Statutory Instrument 109 of 1996, (in this subparagraph and subparagraph (g) called “the Exchange Control Regulations”), by dealing in any foreign currency in contravention of paragraph (a) or (b) of that section of the Regulations without the permission of an exchange control authority;

(ii) subsection (1) of section 10 of the Exchange Control Regulations, by unlawfully making any payment, placing any money or accepting any payment in contravention of paragraph (a), (b), (c) or (d) of that section of the Regulations;

(iii) paragraph (a) or (b) of subsection (1) of section 11 of the Exchange Control Regulations, by unlawfully making any payment outside Zimbabwe or incurring an obligation to make any payment outside Zimbabwe;

(iv) paragraph (b). (e) or (f) of subsection (1) of section 20 of the Exchange Control Regulations, by unlawfully exporting any foreign currency, gold, silver or platinum, or any article manufactured from or containing gold, silver or platinum, or any precious or semiprecious stone or pearl from Zimbabwe;

(v) subsection (2) of section 21 of the Exchange Control Regulations, by unlawfully exporting any goods from Zimbabwe in contravention of that provision of the Regulations;

(vi) any amendment or replacement of any provision of the Exchange Control Regulations substantially corresponding to any of the provisions mentioned in subparagraphs (i) to (v).

(g) contravening paragraph (b) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] by making any false statement or producing any false document in connection with a contravention of subsection (2) of section 21 of the Exchange Control Regulations;

(h) theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].

(i) theft or forgery of¾

(i) a document issued to a person in terms of subsection (1) or (2) of section 7 of the National Registration Act [Chapter 10:17], or a passport or drivers licence issued by or on behalf of the Government of Zimbabwe; or

(ii) any visitors entry certificate or other certificate or permit issued to a person in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees; or

(iii) any passport, identity document or drivers licence issued by a foreign government; or

(iv) a vehicle registration plate; or

(v) any documentation relating to the registration or insurance of a motor vehicle.

(j) A conspiracy, incitement or attempt to commit any offence referred to in paragraphs 1 to 9. To obtain search warrants from a magistrate or justice of the peace.

To seize any travel documents or anything which is reasonably believed to contain evidence of the commission of an offence related to corruption.

To seek through the Attorney-General’s Office court orders for the freezing of any assets or accounts of persons suspected to be involved in any offence related to corruption.

To protect and safeguard any persons assisting in investigations involving any offence related to corruption.

To enter any public or private premises and require any public officer or agent of a public officer (as defined in section 2 of the Prevention of Corruption Act [Chapter 9:16]) therein to answer any questions related to the investigation of any offence related to corruption.

To cause to be prosecuted through the Attorney-General’s Office, any person reasonably believed to have committed any offence related to corruption.

To seek court orders through the Attorney-General’s Office for confiscation of proceeds of corruption.

To recommend that any public officer, agency or institution follow a recommended system to improve administrative efficiency.

To make standing orders related to the control and administration of the Commission, the discipline, training, classification of and promotion of officers, the duties of officers and the financial regulation of the Commission and any other matters expedient or necessary for preventing the abuse or neglect of duty and for upholding the integrity of the Commission.

Act 23/2004

[Chapter 9:23]

CHAPTER IX

Bribery and Corruption

169 Interpretation in Chapter IX

In this Chapter¾

“agent” means a person employed by or acting for another person in any capacity whatsoever and, without limiting this definition in any way, includes¾

(a) a director or secretary of a company;

(b) the trustee of an insolvent estate;

(c) the assignee of an estate that has been assigned for the benefit or with the consent of creditors;

(d) the liquidator of a company or other body corporate that is being wound up or dissolved;

(e) the executor of the estate of a deceased person;

(f) the legal representative of a person who is a minor or of unsound mind or who is otherwise under legal disability;

(g) a public officer;

(h) a member of a board, committee or other authority which is responsible for administering the affairs or business of a body corporate or association other than a statutory body or local authority;

(i) a person who voluntarily¾

(i) manages the affairs or business of another person; or

(ii) takes care of the property of another person;

without the knowledge or consent of that other person;

“consideration” means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever;

“local authority” means a city, municipality, town council, town board, provincial council, rural district council or any similar body established by or in terms of any enactment;

“principal” means the employer or other person for whom an agent acts and, in relation to¾

(a) a trustee, assignee, liquidator, executor or legal representative referred to in the definition of “agent”, includes¾

(i) all persons represented by the trustee, assignee, liquidator, executor or legal representative, as the case may be, or in relation to whom he or she stands in a position of trust; and

(ii) any public officer who is responsible for supervising the activities of the trustee, assignee, liquidator, executor or legal representative;

(b) a public officer who is a Minister and a member of the Cabinet, includes both the State and the Cabinet;

(c) a member of a council, board, committee or authority which is responsible for administering the affairs or business of a statutory body, local authority, body corporate or association, includes both such council, board, committee or authority and the statutory body, local authority, body corporate or association for whose affairs or business it is responsible;

“public officer” means¾

(a) a Vice-President, Minister or Deputy Minister; or

(b) a governor appointed in terms of an Act referred to in section 111A of the Constitution; or

(c) a member of a council, board, committee or other authority which is a statutory body or local authority or which is responsible for administering the affairs or business of a statutory body or local authority; or

(d) a person holding or acting in a paid office in the service of the State, a statutory body or a local authority; or

(e) a judicial officer;

“statutory body” means¾

(a) any Commission established by the Constitution; or

(b) any body corporate established directly by or under an Act for special purposes specified in that Act.

170 Bribery

(1) Any¾

(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 reward¾

(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 reward¾

(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 to¾

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.

(2) If it is proved, in any prosecution for bribery, that¾

(a) an agent has obtained, agreed to obtain or solicited any benefit or advantage, whether for himself or herself or for another person; or

(b) any person has given, agreed to give or offered any benefit or advantage¾

(i) to an agent, whether for himself or herself or for another person; or

(ii) to any other person, after agreeing with an agent to do so;

it shall be presumed, unless the contrary is proved, that he or she did so in contravention of this section.

171 Corruptly using a false document

(1) Any¾

(a) agent who, in connection with his or her principal’s affairs or business, uses a document which contains a false statement¾

(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 statement¾

(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.

172 Corruptly concealing a transaction from a principal

(1) Any¾

(a) agent who, having carried out any transaction in connection with his or her principal’s affairs or business, fails to disclose to the principal the full nature of the transaction¾

(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 who¾

(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 the full nature of the transaction;

shall be guilty of corruptly concealing a transaction from a principal 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 an agent not to disclose to the agent’s principal the full nature 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 arranged¾

(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 a transaction from a principal.

(3) If it is proved, in any prosecution for corruptly concealing a transaction from a principal, that¾

(a) an agent¾

(i) agreed or arranged with another person that the full nature of any transaction should not be disclosed to the agent’s principal; or

(ii) failed to disclose to his or her principal the full nature of any transaction;

the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal, or to obtain a consideration for himself or herself 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, as the case may be;

(b) any person agreed or arranged with an agent that the full nature of any transaction should not be disclosed to the agent’s principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent’s principal;

(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction the full nature of which was not disclosed to the agent’s principal, that person shall be presumed, unless the contrary is proved, to have known that the agent did not intend to disclose to the principal the full nature of the transaction.

173 Corruptly concealing from a principal a personal interest in a transaction

(1) Any¾

(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 transaction¾

(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 who¾

(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 arranged¾

(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.

(3) If it is proved, in any prosecution for the crime of corruptly concealing from a principal a personal interest in a transaction, that¾

(a) an agent¾

(i) agreed or arranged with another person that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent’s principal;

(ii) failed to disclose to his or her principal a personal interest held by him or her in the subject-matter of any transaction;

the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal or to obtain a consideration for himself or herself 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, as the case may be;

(b) any person agreed or arranged with an agent that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent’s principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent’s principal;

(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction in the subject-matter of which the agent had a personal interest which was not disclosed to the agent’s principal, that person shall be presumed, unless the contrary is proved, to have known of the personal interest and that the agent did not intend to disclose to the principal the personal interest held by him or her in the subject-matter of the transaction.

174 Criminal abuse of duty as public officer

(1) If a public officer, in the exercise of his or her functions as such, intentionally¾

(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 omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person.

(3) For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public officer is not committed by a public officer who does or omits to do anything in the exercise of his or her functions as such for the purpose of favouring any person on the grounds of race or gender, if the act or omission arises from the implementation by the public officer of any Government policy aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices.

(Act No. 5 of 2005)

107 Ombudsman and Deputy Ombudsman

(1) There shall be an Ombudsman and, where the President has deemed it desirable, a Deputy Ombudsman, whose offices shall be public offices but shall not form part of the Public Service.

(2) The Ombudsman and the Deputy Ombudsman shall be appointed by the President after consultation with the Judicial Service Commission.

[Subsection as amended by section 16 of Act 23 of 1987 – Amendment No. 7]

(2a) If the appointment of an Ombudsman or Deputy Ombudsman is not consistent with any recommendation made by the Judicial Service Commission, the President shall cause the House of Assembly to be informed as soon as is practicable.

[Subsection as inserted by section 16 of Act 23 of 1987 – Amendment No. 7 and as amended by section 26 of Act 31 of 1989 – Amendment No. 9 and section 23 of Act No. 5 of 2005 – Amendment No. 17]

(3) The Deputy Ombudsman shall—

(a) assist the Ombudsman in the exercise of his functions and duties and the Ombudsman may authorize him to exercise any of his functions or duties on his behalf;

CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17 Consolidation 69 1st October, 2005

(b) act as Ombudsman whenever the office of the Ombudsman is vacant or the Ombudsman is for any reason unable to perform the functions of his office.

(4) An Act of Parliament may make provision for the qualifications and remuneration of the Ombudsman and the Deputy Ombudsman.

[Section as substituted by section 6 of Act 4 of 1984 – Amendment No. 4]

108 Functions of Ombudsman

(1) The Ombudsman may investigate—

(a) action taken by any officer, person or authority referred to in subsection

(2) in the exercise of the administrative functions of that officer, person or authority in any case where it is alleged that a person has suffered injustice in consequence of that action and it does not appear

that there is any remedy reasonably available by way of proceedings in a court or on appeal from a court; or

(b) allegations that any provision of the Declaration of Rights has been contravened by any officer, person or authority referred to in subsection (2).

[Subsection as substituted by section 13 of Act No. 14 of 1996 – Amendment No. 14]

(2) Subject to such exceptions and conditions as may be prescribed by or under an Act of Parliament, the provisions of subsection (1) shall apply in respect of any action taken by the following officers and authorities—

(a) any Ministry or department or any member of such Ministry or department;

and

(b) such other persons or authorities as may be prescribed by or under an Act of Parliament for the purposes of this paragraph.

(3) An Act of Parliament may confer other functions on the Ombudsman, and may make provision for the exercise of his functions including, without prejudice to the generality of the foregoing, the officers and authorities whose actions are not subject to investigation by him.

108A Anti-Corruption Commission

(1) There shall be an Anti-Corruption Commission consisting of at least four and not more than nine members appointed by the President.

(2) Persons appointed to the Anti-Corruption Commission shall be persons of integrity chosen for their knowledge of and experience in administration or the prosecution or investigation of crime or for their general suitability for appointment, and

(a) at least one shall be entitled to practise as a legal practitioner; and

(b) at least one shall be entitled to practise as an auditor or public accountant in Zimbabwe; and

(c) at least one shall have had not less than ten years’ experience in the investigation of crime.

(3) The Anti-Corruption Commission shall have the following functions

(a) to combat corruption, theft, misappropriation, abuse of power and

other improprieties in the conduct of affairs in both the public and private sectors;

(b) to make recommendations to the Government and to organisations in the private sector on measures to enhance integrity and accountability and to prevent improprieties; and

(c) to exercise any other functions that may be conferred or imposed on the Commission by or under an Act of Parliament.

(4) An Act of Parliament may confer powers on the Anti-Corruption Commission, including power

(a) to conduct investigations and inquiries on its own initiative or on receipt of complaints;

(b) to require assistance from members of the Police Force and other investigative agencies of the State; and

CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17 Consolidation 70 14th September, 2005

(c) through the Attorney-General, to secure the prosecution of persons for corruption, theft, misappropriation, abuse of power and other improprieties.

[Section inserted by section 4 of Act 5 of 2000 – Amendment No. 16.]

Police Background Check Procedures

What must the applicant supply?

Applicant should write a letter containing:
•  Full name
•  Date and place of birth
•  National identification number
•  Last Zimbabwean residential and business (workplace) address
•  Date and place of entry to Zimbabwe (if applicable)
•  Full set of fingerprints (details on obtaining them in the UK below)

What are the costs / turnaround times?

Fee of ZIM$400 payable by bank draft to the Zimbabwe Republic Police

Contact Details

Records are held at, and applications should be made to:
Zimbabwe Republic Police,
Criminal Investigations Department,
P.O. Box CY 683,
Causeway, Harare
Embassy of the Republic of Zimbabwe
Zimbabwe House
429 Strand WC2R 0JR
Tel: 020 7836 7755
Fax: 020 7379 1167
Telexes 262014/262115
Email:Zimlondon@yahoo.co.uk
Fingerprint taking information:
http://content.met.police.uk/Site/fingerprints

What does a certificate look like?

Zimbabwe Republic Police (ZRP) issues, upon application, a certificate that indicates whether or not a criminal record exists, and particulars of an offence recorded.

Summary

Zimbabwe GDP Last Previous Highest Lowest Unit
GDP 12.80 12.47 12.80 1.05 USD Billion
GDP Annual Growth Rate 3.70 4.40 22.57 -17.70 percent
GDP per capita 441.15 446.74 732.64 344.74 USD
GDP Per Capita Ppp 1645.88 1666.75 2680.35 1286.20 USD

Privacy Laws & Regulations

RECIPIENT
[BUILDING]
[SUBBUILDING]
[HOUSE_NUMBER] STREET_NAME
LOCALITY
ZIMBABWE

Sample

New Ambassador Hotel Harare
88 Kwame Nkrumah Ave
Harare
ZIMBABWE

Risk

Sovereign risk

Zimbabwe sovereign risk score has improved slightly, but the country remains in the C band, with ratios of public and external debt to GDP well above the median of C-rated states. Zimbabwe repaid some US$180m of external debt in first-half 2014, to Chinese institutions, paving the way for disbursement of additional lines of credit. However, the debt stock will continue to rise, while the government’s poor payment record is unlikely to improve significantly in the near term, limiting investor appetite for a proposed Eurobond.

Banking sector risk

State interference in the financial sector continues, and there are few signs of the government moderating its demand that foreign banks cede 51% of their shares to black Zimbabweans. A number of banks remain overexposed to the agricultural sector, while levels of bad debt remain a concern, notwithstanding the purchase of some US$65m-worth of bad loans by a recently established special-purpose vehicle.

Political risk

Political risk arises from the potential for tensions within ZANU‘PF over the succession to 90-year-old Robert Mugabe. There is no clear succession plan in place, and while the Joice Mujuru faction appears to have been defeated, a power struggle between supporters of rival candidates remains possible in the event of the president’s retirement (or death). There is increasing public scepticism about the prospects for change via the ballot box.

Economic structure risk

Commercial agriculture has been seriously weakened by the government’s land-redistribution policies, and although mining investment continues, it is threatened by the ongoing uncertainty over indigenisation legislation. Economic structure risk, therefore, remains in the lowest possible category.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

National congress

Zimbabwe’s governing political party will be holding a national congress in Harare from December 3 to 6, 2014. Avoid large gatherings and demonstrations, follow the advice of local authorities, and monitor local media.

Border with Mozambique

Do not stray from the main tourist areas near the border with Mozambique, since landmines and unexploded munitions still present a danger in this region.

Avoid large crowds and public gatherings. The situation could deteriorate on short notice.

Crime

Crime, exacerbated by a very difficult economic situation, remains a serious problem for foreign visitors and residents alike.

Street crime, such as muggings, house robberies, passport theft, carjacking, pickpocketing and bag snatching is common. Ensure that your personal belongings and travel documents are secure, particularly in crowded places, and carry a photocopy of your passport. You should be particularly cautious when leaving banks and automated banking machines (ABMs).

Remain vigilant, avoid travelling alone at all times and avoid walking after dark, including in the larger cities such as Harare and Bulawayo, as well as at tourist sites such as Victoria Falls, Pungwe Falls, Mterazi Falls, and the Honde Falls.

Exercise a high degree of caution when travelling to rural areas where violence over forced farm redistribution may occur. Central and local authorities in some rural areas occasionally respond to outsiders with suspicion and hostility.

General situation in the country

Interruptions to the supply of water and electricity are frequent and lengthy in many areas, resulting in considerable hardship.

Food shortages remain a serious problem in rural areas. Keep stores of food, water, fuel and emergency supplies on hand in case disruptions were to strand you in your home for a few days.

Road travel

If you intend to drive to the ocean through Mozambique, be aware that we advise against non-essential travel to the Mozambican province of Sofala. Furthermore, we recommend that all overland outside of urban centres be avoided due to recent violent incidents. Consult the Mozambique Travel Advice page for more information.

Traffic drives on the left. Roads are not lit so driving after dark is not advised. Due to electrical shortages, traffic lights frequently do not work. In this case, the traffic does not behave as a four-way stop so pay close attention before proceeding through an intersection. Potholes are common and have caused many road accidents. Poorly serviced vehicles and dangerous driving habits also contribute to accidents. Cars may not have adequate lights at night.

Pedestrians often walk on the roads, even at night. Domestic and wild animals roam major roads, also posing a risk. Avoid driving outside of towns after dark, as cattle and broken-down vehicles on the road pose hazards. In the event of a flat tire, drive to a service station or residential area before stopping to make repairs, if possible,.

If you suspect that your vehicle is being followed, drive to the nearest police station. Do not leave personal belongings or travel documents unattended in vehicles.

Drive with your doors locked and windows shut at all times, and park in a guarded parking lot overnight.

Remain vigilant at all times when travelling through the Beitbridge area as highway robberies are common, particularly at night.

Roadblocks

As roadblocks can be erected anywhere without notice, drive carefully and be very cooperative at all times. You could be subject of arbitrary detention or arrest and should have your travel documents, such as passport, visas and vehicle police clearance certificate with you at all times. You and your vehicle may be searched at any time, as well as any person travelling with you. Whatever items are deemed suspicious during a search could be seized. You may be asked to pay a fine on the spot or to accompany a police officer to the police station. On-the-spot fines are illegal in Zimbabwe and you should ask for a ticket to be issued. You can then pay the ticket at the nearest police station.

Public Transportation

Intercity bus and rail travel are dangerous and not recommended. Buses are overcrowded and inadequately maintained, and the drivers are often reckless. The rail system is underdeveloped and poorly maintained, resulting in numerous accidents. Major hotels usually have their own taxis, which can be used safely for intra-city travel. As well, taxis recommended by hotels are normally reliable and in good condition. Taxi service is only available within major cities and taxis will normally not take you more than 20 km outside the city limits.

See Transportation Safety in order to verify if national airlines meet safety standards.

Safaris and organized tours

There are inherent risks to viewing wildlife (both marine and terrestrial), particularly on foot or at close range. Always maintain a safe distance when observing wildlife and avoid exiting the vehicle unless professional guides or wardens say it is safe to do so. Only use reputable and professional guides or tour operators and closely follow park regulations and wardens’ advice.

Fraud

There have been fraud attempts through email originating from Zimbabwe. Any unsolicited business proposal should be carefully scrutinized. See our Overseas Fraud page for more information on scams abroad.

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