REPORT

Investigations Department

Functions of the Investigation Department

The Investigations Department is responsible for:

Receiving and investigating any complaints alleging any form of corruption and other mandate offences cited in Schedule 13 of the Anti-Corruption Commission Act Chapter 9:22 as read with Ninth Schedule of the Criminal Procedure and Evidence Act (Chapter 9:07);

Investigating any conduct of any person whom the Commission has reason to believe is connected with activities involving corruption;

Working closely with ZACC internal Legal Services department in compiling dockets for court and National Prosecuting Authority in conducting prosecution-led investigations;

Referring matters to the National Prosecution Authority for prosecution;

Supporting prosecution of all referred cases;

Conducting parallel investigations in terms of the Money Laundering and Proceeds of Crime Act;

Tracking and recovering corruptly acquired assets;

Collaborating with other law enforcement agencies in the investigation of corruption and other mandate offences;

Managing complaints and Reporting Centres around the country;

Formulating and reviewing investigation guidelines/manuals to improve and enhance detection and conviction rate.

Full list of offences/crimes investigated by the Commission

The investigative role of the Commission is specialized in that the Investigation Department only investigates specific offences as given by the enabling Act, the Anti-Corruption Commission Act Chapter 9:22 as read with Ninth Schedule of the Criminal Procedure and Evidence Act (Chapter 9:07) as offences involving corruption, organised crime or harm to the national economy.

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NINTH SCHEDULE

(Sections 25 (1) (a) and 32)

OFFENCES INVOLVING CORRUPTION, ORGANISED CRIME OR HARM TO THE NATIONAL ECONOMY

  • Any offence referred to in Chapter IX (“Bribery and Corruption”) of the Criminal Law Codification and Reform Act Chapter 9:23.
  • Contravening section 63 (“Money-laundering”) of the Serious Offences (Confiscation of Profits) Act [Chapter 9:17].
  • The sale, removal or disposal outside Zimbabwe of any controlled product in contravention of the Grain Marketing Act [Chapter 18:14].
  • Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones.
  • Any offence referred to in Chapter VII (“Crimes Involving Dangerous Drugs”) of the Criminal Law Code, other than unlawful possession or use of dangerous drugs where the dangerous drug in question is cannabis.
  • Fraud or forgery (a) involving prejudice or potential prejudice to the State, except where the magnitude of the prejudice or potential prejudice is less than such amount as the Minister may prescribe by notice in a statutory instrument; or (b) committed by a person, group of persons, syndicate or enterprise acting in execution or furtherance of a common purpose or conspiracy; or (c) where the magnitude of the prejudice or potential prejudice to any person is more than such amount as the Minister may prescribe by notice in a statutory instrument.
  • Contravening section 42 (“Offences relating to banknotes”) of the Reserve Bank Act [Chapter 22:15] or committing any offence relating to the coinage.
  • Contravening subparagraph (i) of paragraph (a) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] as read with (a) subsection (1) of section 4 of the Exchange Control Regulations, 1996, published in Statutory Instrument 109 of 1996, 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;
  • 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.
  • Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
  • Theft or forgery of: (a) 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 (b) 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 (c) any passport, identity document or drivers licence issued by a foreign government; or (d) a vehicle registration plate; or (e) any documentation relating to the registration or insurance of a motor vehicle.
  • Stock theft involving a bovine or equine animal.
  • Contravening: (i) section 89 (“Willful damage to or interference with telecommunication lines”) of the Postal and Telecommunications Act [Chapter 12:05]; or (ii) section 60A (“Offences in relation to electric current and apparatus”) of the Electricity Act [Chapter 13:19]; or (iii) section 37 (“Offences on railway premises”) or section 38 (“Certain offences and punishment therefor”) of the Railways Act [Chapter 13:09]. [Paragraph substituted by s. 49 of Act No. 3 of 2009]
  • A conspiracy, incitement or attempt to commit any offence referred to in paragraphs 1 to 13. [Paragraph inserted by s. 49 of Act No. 3 of 2009] [Schedule substituted by s. 282 of Act No. 23 of 2004]


(Source: page 153 of the Criminal Procedure & Evidence Act)