The following constitutes Zimbabwe’s regulating legal framework for bribery:
The Anti-Corruption Commission Act [Chapter 9:22]; The Criminal Law (Codification and Reform) Act [Chapter 9:23]; and The Prevention of Corruption Act [Chapter 9:16]. (also known as the “Criminal Code”)
Bribery is defined as when an agent obtains or gives any gift or consideration as an inducement or reward for doing or omitting to do any act in relation to their principal’s affairs, or for showing or not showing any favor or disfavor in relation to their principal’s affairs.
In Zimbabwe, the Criminal Code controls a wide range of criminal acts, including bribery and corruption.
The legal framework governs all transactions that occur in Zimbabwe.
An agent may be held accountable for bribery and corruption under the Criminal Code. A director or secretary of a company, the trustee of an insolvent estate, the assignee of an estate, the liquidator of a company, the executor of a deceased estate, the legal representative of a minor or person of unsound mind, a public officer, and a member of a board of directors are all examples of agents, according to section 170 of the Act. Bribery can be committed by both public officials and private individuals, according to this definition. A firm, on the other hand, cannot be held accountable for bribery as a whole; only those acting on behalf of the firm can be held accountable.
A parent company will not be liable for its subsidiary’s bribery; but, if the directors of the parent company are also the directors of the subsidiary and the circumstances warrant the piercing of the corporate veil, the directors of the parent business may be liable for the subsidiary’s bribery.
Facilitation payments are considered bribes under the Prevention of Corruption Act, and are defined as cases in which an agent receives any gift or consideration in connection with their principal’s affairs or business.
Yes, however the way in which the contribution is made determines this.
A firm can make a donation/contribution to a charity/political party, but it must remain anonymous so that it does not appear that the corporation is receiving favors from the party or avoiding tax contributions.
Anything that could be construed as a bribe is prohibited under the law; for example, a corporation cannot accept any hospitality gifts that could be seen as money for contracts.
There are no legal defenses to being charged with bribery. When presenting their case to the court, a person charged with bribery would attack the charge’s fundamental features.
The Zimbabwe Anti-Corruption Commission is the primary regulating authority in the area of bribery (ZACC).
If you are found guilty of bribery, you may face a fine or imprisonment.
The fine cannot be more than level 14 (ZWL30,000) or seven times the value of any consideration acquired or given in the course of the offense, whichever is greater. The sentence would be for a maximum of 20 years in jail.