164 | Zimbabwe Rule of Law Journal In her findings, the public protector relied on the provisions of s 96 which is the main constitutional provision that seeks to curb corrupt conduct of members of the executive branch of government by explicitly prohibiting them from behaving in a certain manner or engaging in conduct which is likely to bring its office into disrepute. The provision further seeks to curb abuse of power in recognition of the positions of influence and power that members of the executive obviously hold by virtue of their offices. Executive powers and their sphere of influence if left unabated poses a threat to constitutional democracy, hence the need to ensure transparency and accountability through independent institutions and systems that can provide the necessary checks and balances. For this reason, the constitutional court observed that; “The rule of law requires that no power be exercised unless it is sanctioned by law and no decision or step sanctioned by law may be ignored based purely on a contrary view we hold. It is not open to any of us to pick and choose which of the otherwise effectual consequences of the exercise of constitutional or statutory power will be disregarded and which given heed to. Our foundational value of the rule of law demands of us, as a law-abiding people, to obey decisions made by those clothed with the legal authority to make them or else approach courts of law to set them aside, so we may validly escape their binding force”.15 The court in its ruling acknowledged that the work of the public protector was sanctioned by law and that the executive did not have discretion as to whether or not to comply with the decisions made by those “clothed with the legal authority to make them...”16 The Declaratory Order 15 Paragraph 75 of the judgment 16 ibid