162 | Zimbabwe Rule of Law Journal
including that of the public protector to ensure amongst other things its dignity and effectiveness.9
Having established that there was such a duty the next question determined by the court was whether
there had been any violation by the President of his constitutional obligations.
Regarding the office of the President and his executive role the court stated that;
“The President is the Head of State and Head of the national executive. His is indeed the highest
calling to the highest office in the land. He is the first citizen of this country and occupies a
position indispensable for the effective governance of our democratic country. Only upon him
has the constitutional obligation to uphold, defend and respect the Constitution as the supreme
law of the Republic been expressly imposed. The promotion of national unity and reconciliation
falls squarely on his shoulders. As does the maintenance of orderliness, peace, stability and
devotion to the well-being of the Republic and all of its people. Whoever and whatever poses a
threat to our sovereignty, peace and prosperity he must fight. To him is the executive authority
of the entire Republic primarily entrusted. He initiates and gives the final stamp of approval to all
national legislation. He is a constitutional being by design, a national pathfinder, the quintessential
commander-in-chief of State affairs and the personification of this nation’s constitutional project”.10
The court added that;
“The President thus failed to uphold, defend and respect the constitution as the supreme law
of the land. This failure is manifest from the substantial disregard for the remedial action taken
against him by the public protector in terms of her constitutional powers. The second respect in
which he failed relates to his shared section 181(3) obligations. He was duty-bound to, but did
not, assist and protect the public protector so as to ensure her independence, impartiality, dignity
and effectiveness by complying with her remedial action.”11
9
Section 181 (3)
10
Paragraph 20 of the judgment
11
Paragraph 83
Select target paragraph3
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