Zimbabwe Rule of Law Journal |169 that when alleging a breach of a constitutional obligation it must surely relate to an obligation which is specifically imposed on the President or Parliament. In contrast to the silent approach of s 106, s 96 of the Constitution of South Africa places a specific constitutional obligation on the President to refrain from certain conduct. The provision is clearly designed to curb corrupt practices, abuse of power and unethical conduct not only by the executive but by the President as well. Section 96 accordingly prohibits members of the cabinet22 (which includes the President) and deputy ministers from; b. acting in any way that is inconsistent with their office, or exposing themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or b. using their position or any information entrusted to them, to enrich themselves or improperly benefit any other person. The relevance of s 96 5 to the Nkandla judgment is that it formed the basis of the public protectors finding that the South African President had failed to comply with specific “constitutional and ethical obligations by knowingly deriving undue benefit from the irregular deployment of State resources”. The public protector was propelled to investigate alleged corrupt practices on the basis that the constitution of South Africa prohibited the President from unjust enrichment and improperly benefiting from State resources and this was enabled by specific constitutional provisions which prohibit the President from engaging in certain kinds of conduct. The effect of the omission of the President from s 106 of the constitution of Zimbabwe is that there is no clear and specific obligation on the President to avoid conflict of interest situations but this invariably creates an obvious and specific problem when addressing transparency and accountability measures for the highest public office. The standard set by the constitution of Zimbabwe to ensure that President can be refrains from conflict of interest activities (whether real or perceived) is at a lower bar than that set by the constitution of South Africa. 22 Section 91 of the Constitution of South Africa states that The Cabinet consists of the President, as head of the Cabinet, a Deputy President and Ministers.