Open
Government
Including Corruption, Accountability & Transparency
Summary
The government did not demonstrate any commitment towards openness in governance. With regard
to corruption, on 16 November, Afrobarometer found that nearly one-third of Africans in 34 countries
including Zimbabwe were forced to pay bribes, including for medical treatment. The government
lacked accountability and transparency especially in relation to revenue flows. As a demonstration
of general lack of revenue transparency, the government did not fully implement the economic
management programme agreed with the IMF in June 2013, as a pre-condition for re-engagement.
There remained secrecy around diamond mining and revenue. The government was not accountable
and neither did it take responsibility for economic decline, and continued misleading the nation on the
sanctions issue.
In detail
G. Legislative Agenda and Commitments
This part of the Roadmap called for legislation on actions (i) to (vi) and action by the President on (v):
(i) re-alignment of laws with new Constitution, and addressing of transitional arrangements. This
was not achieved. The timeline agreed in the Roadmap was “within 60 days from Referendum” the
target date being 16 May 2013. As the substantive provisions of the draft constitution had been
known since 2012, the legislation should have been ready. But there was no sign of any significant
development of the necessary Bill for amending the Electoral Act, or of Bills dealing with the new
metropolitan and provincial councils and changes to local government laws, or any other transitional
issues. [See Constitution Watch 26/2013 of 8th May for an outline of necessary legislative
changes.]. On 6 September 2013, Zimbabwe National Liberation War Veterans Association
chairperson Cde Jabulani Sibanda said the new constitution should be amended to reverse all
compromises that do not sit well with ZANU PF.
(ii) enactment of Human Rights Commission Bill by September 2011. This was done late and
unsatisfactorily with the Bill being enacted, in 2012, well after the deadline. But the Act that emerged
lacked provisions ensuring the independence of the Commission fell short of international legal
standards of human rights institutions, and financial support to operationalize it was not forthcoming.
This led to the resignation of the Commission’s distinguished and experienced chairperson, Professor
Reg Austin.
(iii) amendment of section 121(3) of the Criminal Procedure and Evidence [CPE] Act to confine it
to specific prescribed offences was not done. This called for an agreement by September 2011 on
amendments to restrict the application of section 121(3) of the Act, the provision hitherto much
abused by prosecutors to block grants of bail by magistrates. But no agreement was reached, and
an MDC-T Private Member’s Bill to repeal section 121(3) had stalled.
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