THE STATE OF HUMAN RIGHTS REPORT |ZIMBABWE I 2017 Transparency Accountability and This report highlights the key issues that show progress or regression on the area of transparency and accountability. Failure by the government to live up to the standards set by the Constitution constitutes a violation of the very Constitution which government is established to uphold. Besides the violation of the supreme law, lack of transparency and accountability has far reaching consequences on the country’s struggle for human rights. Without transparent and accountable governance, it is difficult for the society to overcome poverty and improve the well-being of the people. Resources meant to serve the public good end up being diverted or used recklessly hence the ultimate value for the people is lost. Section 9 of the Constitution creates an obligation for the state to implement policies and legislation to develop efficiency, competence, accountability, transparency, personal integrity and financial probity in all institutions and agencies of government at every level and in every public institution. Transparency and accountability are some of the founding values and principles listed in section 3 of the Constitution. Transparency and accountability requires the government to conduct its business in a transparent manner, allowing for public scrutiny of its policies. Transparency involves clear and public disclosure of information, rules, plans, processes and actions by governments, companies, organisations and individuals. It is the principle that public affairs need to be conducted in the open.63 Accountability means holding individuals and organisations responsible for executing their powers properly (in accordance with the rules and duties of their post), and for paying consideration to vulnerable parties. The 2018 Corruption Perception Index Transparency International has ranked Zimbabwe number 157 out of 180. Many factors have contributed to this ranking. Specific Cases Manipulation of State Institutions and Asset Looting - Chapter 13 of the Constitution established Institutions to Combat Corruption and Crime. Under this Chapter, the Constitution established the Zimbabwe Anti-Corruption Commission (ZACC). The ZACC encountered serious challenges in its duties because of interference from politicians. The case in point was the case of alleged fraud at the Zimbabwe Manpower Development Fund (ZIMDEF). After the ZACC attempted to arrest Prof. Jonathan Moyo, a then influential member of Mugabe’s Cabinet, it came under attack from the then Vice President P. Mphoko who accused ZACC of being used by politicians. Until the collapse of the Mugabe regime, the ZIMDEF fraud case was never solved and no one was held accountable. However, the case exposed the fact that ZANU-PF has a culture of looting parastatals to fund party business. Prof. Jonathan Moyo did not deny that funds from ZIMDEF were looted. Instead, he acknowledged that they used the funds for ZANU-PF business. Attempts by the Parliament to investigate the role of the National Youth Council in the matter did not yield any results. Jonathan Moyo, the then Minister of Higher Education was accused of siphoning over $270 000 from ZIMDEF. 64 Public Financial Management Principles – Section 298 provides principles of public financial management which includes the need for transparency and accountability in the public finance system. The government has not been able to develop a resource distribution strategy to realise the principles outline in section 298 of the Constitution. Both the 2017 and 2018 budgets did not take into consideration the principle that revenue raised must be shared equitably between central, provincial, and local tiers of government. This is because the government has failed or is unwilling to implement the devolution provisions of the Constitution. As a result, the central government gobbles the entire cake. As a result, marginalised groups continue being deprived to the benefits of national resources. http://www.un.org/en/ecosoc/newfunct/pdf/luxembourg_tisda_south_africa_report_web.pdf The Independent Newspaper, 7 October 2016, ‘Jonathan Moyo in corruption storm’ https://www.theindependent.co.zw/2016/10/07/jonathan-moyo-corruption-storm/ 63 64 50