University of Botswana Law Journal - PULP

188 UNIVERSITY OF BOTSWANA LAW JOURNAL DECEMBER 2010
President, with the approval of both the Judicial Service Commission and the
Committee on Standing Rules and Orders. Other members are removed with
the approval of the Commission and the Committee on Standing Rules and
Orders. The grounds for removal from office include inability to exercise the
functions of member’s office due to physical or mental incapacity; misconduct;
incompetence and or if one becomes disqualified for appointment to the
Commission.
The Commission’s functions include preparation for, conduct and
supervision of elections to the office of the President and Parliament; to the
governing bodies of local authorities and referendums. It also compiles
voters’ rolls and registers, designs, prints and distributes ballot boxes; and
delimitation of constituencies and wards. Currently, the Bill which seeks to
operationalise the Commission is being drafted by the Attorney General’s
Office.
6. ZIMBABWE ANTI-CORRUPTION COMMISSION
Sections 100K to 100M provide for the establishment and composition of the
Zimbabwe Anti-Corruption Commission, its functions and powers. This
Commission should consist of at least four and no more than nine members
appointed by the President in consultation with the Committee on Standing
Rules and Orders. Members should be persons of integrity chosen for their
knowledge of and experience in administration or the prosecution or
investigation of crime.
The functions of this Commission include combating corruption,
theft, misappropriation, abuse of power and other inappropriate conduct of
affairs in both the public and private sectors. It also makes recommendations
to the government and to organisations in the private sector on measures to
enhance integrity and accountability and prevent corruption.
The Constitution further provides that Parliament should enact
legislation which confers powers on the Anti-Corruption Commission. These
powers include conducting investigations and inquiries, and to secure
prosecution of persons concerning corruption, theft, misappropriation, abuse
of power and other improprieties.
7. CONCLUSION
The four independent commissions discussed above are no doubt a welcome
development. Some of them are now operational whilst some are awaiting
legislation which operationalise them. At this stage, it is premature to judge the
effectiveness of these Commissions especially that Zimbabwe is still in