via Govt urged to act on audit reports | The Herald June 29, 2015 by Lloyd Gumbo
GOVERNMENMT should ensure the expeditious prosecution of all public officials exposed by the Auditor-General of engaging in corruption, mismanagement of public funds and poor corporate governance, legal practitioners have said.
The Auditor General, Ms Mildred Chiri, presents audit reports to Parliament every year but the culprits seem to get away with murder.
Lawyers who spoke to The Herald yesterday said it was the duty of the legislators as people’s representatives to ensure the implementation of the AG’s recommendations.
Their call come against the background of recent revelations by the AG’s Office that Government could have been prejudiced of hundreds of millions of dollars by mostly State enterprises among them the Zimbabwe National Roads Administration, Zimbabwe Mining Development Corporation and Environmental Management Agency due to mismanagement and poor governance.
Ironically, it is on the back of the profitability of the State enterprises that Government is working to turn around the economy as they are integral to the mega-deals signed between Government and China recently.
Corruption, analysts say, detracts from the noble goals of Zim-Asset, the country’s economic blue print.
Lawyer and former Cabinet minister Cde Munyaradzi Paul Mangwana said Parliament through its portfolio committees had the responsibility to scrutinise and recommend litigation on culprits.
“Parliament must then make directives to line ministries and other Government departments who are the shareholders to ensure action is taken on such issues,” he said.
“If we are all silent, that is how we are destroying our country. We cannot expect the heavens to take action for us.”
Mr Chris Mhike of Atherstone and Cook said it was disheartening that the AG’s reports were largely ignored despite the fact that she was exercising her constitutional mandate.
“Unfortunately, though very comprehensive and lucid in their examination and analysis of public accounts, the reports are generally shelved with scant regard to the content of the recommendations given by the Auditor-General’s Office.
“Bureaucrats in Government or quasi-governmental departments and at local authority institutions, need to be constantly reminded that the Auditor-General’s function is constitutional, meaning that disregarding of her directives is tantamount to defiance of the law.
“In terms of Section 309 (3) of the Constitution of Zimbabwe, public officers must comply with orders given to them by the Auditor-General. On her part, the Auditor-General should now go beyond the presentation of recommendations. She must issue orders in accordance with the powers vested in her by the Constitution,” said Mr Mhike.
He said the Constitution empowered the AG to order the taking of measures to rectify any defects in the management and safeguarding of public funds and public property.
Mr Mhike said once her views were presented in the form of orders, the implementation of those directives, as opposed to recommendations, become peremptory.
****“Once presented in order form, citizens of Zimbabwe, who substantially finance the national fiscus through the national fiscus, could and must then make the necessary follow-up on the compliance or otherwise of the said orders. ****
“The call to accountability can be pursued through parliamentary and council representatives, civil society, or via judicial remedies. Indeed, Parliament must do more in carrying out its oversight role in respect of State revenues and expenditures in terms of Section 299 of the Constitution.
“Through these urgently needed interventions, offenders must be brought to book without further ado, thereby bringing to an end the culture of impunity in the field of public funds management,” said Mr Mhike.
Another legal practitioner, Mr Tendai Toto, said it was the prerogative of Parliament to enforce the implementation of the Auditor-General’s reports.
“The law says Parliament must make recommendations on what action must be taken against the transgressors. The recommendations by Parliament include reprimand or possible prosecution.
“The actions for prosecution must be sent to the Prosecutor-General who must then direct the Commissioner-General of Police to conduct investigations and compile dockets. This will enable the Prosecutor-General to consider prosecution or non-prosecution of the suspects,” said Mr Toto.
University of Zimbabwe law lecturer Professor Lovemore Madhuku said there were two options in ensuring that the audit report recommendations are implemented.
“One of the routes is for Parliament to force the Executive to implement the resolutions within defined timelines through motions and recommendations,” he said.
“The Constitution assumes that the Executive will take the recommendations of the AG seriously. So if no action is taken Parliament must exercise its mandate by forcing the Executive to act. Parliament can even pass a vote of no confidence in ministers who don’t take action.
“The other route that is legal is for any interested person to pursue what is called public interest litigation by seeking a court order forcing termination of contracts of those implicated. But in a normal environment those implicated must resign on their own accord.”
Former Attorney-General Mr Sobusa Gula-Ndebele said culprits were to be dealt with using defined procedures.
“Each institution must have those procedures to be followed such as penalties and litigation such as what happened with Air Zimbabwe and some other institutions.
“It is the Government that must act on the report. So anyone with interests can also raise the issue with authorities. Various Statutory Instruments have given powers to ministers as to what they must do in such cases,” he said.
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