Zimbabwe Rule of Law Journal |17
one’s political rights, particularly the right to a free and fair election, enshrined in section
67 (1) (a) of the Constitution.
Part III The transparency and public accountability argument
Every Zimbabwean citizen has a constitutional right to access the national voters’ roll in order
to enforce public accountability by ZEC regarding the management of elections. This view
is predicated on the fact that ZEC has a constitutional mandate to ensure proper custody of
the national voters’ roll and at the same time, it has the obligation to discharge this function
in a transparent and accountable manner, especially when requested to do so.
Transparency and accountability are necessary normative values upon which every constitutional
democratic State must be based.70 Transparency is a normative constitutional value which
demands that State institutions must discharge their duties and exercise public power in a
manner that is open to the citizens as well as other State institutions.71 State accountability
encapsulates the obligation of State institutions entrusted with public power and public
resources to be answerable for the exercise of their power and utilisation of resources.72
Thus transparency is the idea that state affairs should be conducted in a manner that is
open to public scrutiny and accountability is the idea that the State must account for its
actions. A democratic society must incorporate adherence to these two values, amongst
others, because public power is less likely to be abused when exercised openly and when
the State is legally obliged to account to the citizens.
The Preamble to the 2013 Constitution shows that the Zimbabwean society has committed
itself to establish a united, just, prosperous nation, founded on transparency as one of the
cardinal values.73 Additionally, transparency and accountability are entrenched amongst
Justice Mavedzenge and Doug Coltart. A Constitutional law guide towards understanding Zimbabwe’s socio-economic
human rights (2014) at 18
71
Ibid
72
See Black’s Law Dictionary 2nd Edition
73
See paragraph 9 of the Preamble to the Constitution of Zimbabwe, 2013
70
Select target paragraph3
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