178 | Zimbabwe Rule of Law Journal The functions of the public protector under the old constitution demonstrated that there existed a public office solely mandated to investigate and hold to account abusive conduct by those in public office but under the new constitution this is no longer the case. The role of the public defender and human rights defender has become blurred and indistinguishable; yet there is a distinction. Human Rights are universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity.38 The public protector as a missing link? Unlike the constitution of South Africa, the constitution of Zimbabwe no longer recognises the office of the public protector as an independent office. The public protector of South Africa played a critical role in the investigation of allegations of misuse of power by the President of South Africa: she acted in the public interest and her functions as a key player strengthening constitutional democracy was clearly recognised and applauded by the courts in the Nkandla judgment. The constitutional court in its judgment described the powers, functions and purpose of the public protector and specifically addressed the office of the public protector as being; “One of the most invaluable constitutional gifts to our nation in the fight against corruption, unlawful enrichment, prejudice and impropriety in State affairs and for the betterment of good governance.”39 It noted that: “The tentacles of poverty run far, wide and deep in our nation. Litigation is prohibitively expensive and therefore not an easily exercisable constitutional option for an average citizen. For this reason, the fathers and mothers of our Constitution conceived of a way to give even to the poor and 38 See the Universal Declaration of Human rights (UDHR) adopted by the 56 members of the United Nations on 10 December 1948 39 Paragraph 52