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Mr President, prove Madhuku wrong

Opinion & Analysis
“In China, those who become targets of corruption investigations are usually determined by senior leaders,” wrote Chinese journalist Liu Yanwei in an online commentary...

“In China, those who become targets of corruption investigations are usually determined by senior leaders,” wrote Chinese journalist Liu Yanwei in an online commentary. “How can the masses trust this kind of anti-corruption campaign?”

Report by Conway Tutani

Indeed, Liu, people cannot take seriously officially-sanctioned probes in which the suspects virtually investigate themselves; and findings can be pre-determined or predicted.

It is hoped that the government probe team mentioned by Mines minister Walter Chidhakwa this week to investigate the US$6 million bribery allegations against former Zimbabwe Mining Development Corporation board chairman Godwills Masimirembwa does not fall into that category of white-washing the facts and truth of the matter.

The Zimbabwe Anti-Corruption Commission (ZACC) is already in place, why not let it do the job unhindered? Why have a parallel investigation like having a case running simultaneously in a magistrates’ court and the High Court, an appellate court? Which judgment stands? Corruption investigations rightly belong under the ambit of ZACC, as spelt out in the establishing Act. This should be followed unless somebody somewhere is saying it is an incompetent body, but then if so, it should be reconstituted to be fit for purpose.

Now if you are going to have layer upon layer of investigation, people will step on each other’s toes, resulting in confusion upon confusion. This has the effecting of diluting the investigation before it has even begun. This has all the appearance of going through the motions as opposed to a thorough probe. It’s not hard to see that. Such contrived delays destroy justice.

In other states, such commissions as ZACC are pre-fixed “independent” to ensure they operate without fear or favour. This shields them from political pressure. We thought we had passed the era of about 13 years ago, when a senior minister reportedly escorted a suspect under investigation for massive fraud onto a plane at Harare International Airport to evade justice as shocked and bewildered law enforcement agents watched powerlessly. Such practices don’t inspire confidence. This smacks of insincerity of the gross type.

Doubts and suspicion have to be dispelled and the onus to do that lies on the authorities.

Will the bribery findings be made public or remain under lock and key as happened with other commissions of inquiry reports? It’s now over six months since ZACC obtained court-sanctioned warrants to search the offices of three “system” ministers and that of Masimirembwa and were stopped from doing so by armed police. Instead, senior ZACC officers were arrested and charged over unrelated cases and the judge was put under probe over professional conduct, also not directly linked to his issuance of the warrants. The timing of it all raised a stink. Such investigations, if they maybe called that, are calculated to clear powerful individuals instead of getting to the truth of the matter with those found guilty given the sternest prison sentences.

And you would not expect the State media to focus on this especially with the likes of Vimbai Chivaura fantasising about “saintly” Zanu PF practices. The last time the State media did independent investigative journalism was in the 1980s when Chronicle editor Geoff Nyarota was forced out for breaking the “Willowgate scandal” involving ministers selling at inflated prices vehicles they would have bought from a State-controlled car assembler at cheap prices during a time of shortages. So, in the scheme of things, the State media is actually used as an enabler for the cover-up of corruption.

Citizen activism can also greatly assist. People should demand action from leaders, not be fed watered-down half-truths. They should reject this culture of greed which is rotting our nation.

The current Parliament has its hands full. Opposition MPs, in spite of their much reduced numbers, can remain influential if they make constant noise in both Houses about corruption. This burning issue can ensure their relevance and even political comeback. They should be persistent because ruling party MPs cannot be relied on to expose their bosses; they will be whipped into line not to raise the issue.

Lovemore Madhuku, speaking at the launch of his party at the weekend, couldn’t have put it any better and clearer: “(President Robert) Mugabe goes to a luncheon and talks about Masimirembwa and the $6 million, but Masimirembwa is still scot-free. Masimirembwa should have been arrested before Mugabe went for the luncheon and then he would be explaining to the nation why.”

This should not only be an ethical responsibility, but equally a legal obligation. In Zambia, the high and mighty – including former Presidents Frederick Chiluba and Rupiah Banda – have been probed and arrested for corruption, but here it appears they are untouchable.

And we need a judiciary with teeth and muscle, not a limping one. In other countries, they are pro-active with investigative judges independently probing corruption and other crimes whereas here the process is totally reactive, resulting in many instances in closing the stable after the horses have long bolted.

Unless and until a bigwig is arrested, tried and imprisoned, any moves by the government will be deemed half-hearted. This has all the appearances of a fixed match. How can they be both referee and player? Reminds one of a football referee who leapt into the air when a team scored instead of blowing his whistle for goal. Let ZACC start and finish the job – from the first whistle to the last whistle.

Said Madhuku: “No one who has been in power for 33 years can fight corruption. You need someone new to fight corruption.” Mr President, prove Madhuku wrong. [email protected]