Zimbabwe Rule of Law Journal |183
becomes much more difficult to achieve if the constitutional safeguards in terms of clear provisions
that support the underlying values and principles of the constitution, corresponding legislation and
institutional frameworks are lacking. In respect of Zimbabwe, there is a process of not only constitutional
alignment but also constitutional amendments which must take place in order to have the legal and
democratic fundamentals which justified the Nkandla judgment delivered by the Constitutional Court
of South Africa.
This process also needs to be enabled by a change in the political culture of the nation which must
begin to interact with the President and all executive powers and representatives as constitutional
beings, subject to the constitution, bound by the constitution and the democratic systems that it
introduces. The lines have never been drawn more clearly as to the duties and responsibilities of
the three branches of government as what unfolded in the unanimous Nkandla ruling and Zimbabwe
can, and must, learn from those lessons and should hasten to follow regional trends of democracy in
practice seen through the examples of other countries such as Zambia and Kenya.
Select target paragraph3
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