168 | Zimbabwe Rule of Law Journal constitution holds the president of South Africa accountable? Section 106 as a means of ensuring accountability Similar to the constitution of South Africa, the constitution of Zimbabwe contains provisions found under section 106 that can be described as negative obligations on senior public officials such as Ministers requiring that they refrain from certain types of conduct. The section prohibits vice presidents, ministers and deputy ministers from; a. Directly or indirectly holding any other public office or undertaking any other paid work. b. Acting in any way that is inconsistent with their office or exposing themselves to any situation involving the risk of conflict between their official responsibilities and private interests; or c. Using their position or any information entrusted to them, to enrich themselves or improperly benefit any other person. Section 106 also contains elements of the criminal offence of corruption which may be defined as acts involving the misuse of entrusted power for personal or sectional gain.21 The absence of the office of the President from s 106 is alarmingly conspicuous, especially when one considers the very critical public interest a properly functioning constitutional democracy would have in ensuring that constitutional mechanisms to curb corruption and abuse of powers by the executive should apply just as much to the Head of State as they would to other members of the executive. Corrupt practices in government undermine democracy, because they distort normal decision-making processes and subvert the policy objectives of legitimate democratic government and the President of any nation should be playing a leading role at both a policy and individual level in fighting conduct by public officials which is contrary to public interest and constitutional values. Another point of observation relevant to s 106 and as also highlighted in the Nkandla judgment is 21 See UNCAC definition of corruption. And also Towards a national integrity strategy for Namibia : A national discussion paper, Technical Committee on the Promotion of Ethics and the Combating of Corruption, Windhoek, 1998, p 7