THE STATE OF HUMAN RIGHTS REPORT |ZIMBABWE I 2017
Transparency
Accountability
and This report highlights the key issues that show
progress or regression on the area of transparency
and accountability. Failure by the government to live up
to the standards set by the Constitution constitutes a
violation of the very Constitution which government
is established to uphold. Besides the violation of the
supreme law, lack of transparency and accountability
has far reaching consequences on the country’s
struggle for human rights. Without transparent and
accountable governance, it is difficult for the society
to overcome poverty and improve the well-being
of the people. Resources meant to serve the public
good end up being diverted or used recklessly
hence the ultimate value for the people is lost.
Section 9 of the Constitution creates an obligation
for the state to implement policies and legislation
to develop efficiency, competence, accountability,
transparency, personal integrity and financial probity
in all institutions and agencies of government at every
level and in every public institution.
Transparency and accountability are some of the
founding values and principles listed in section 3 of
the Constitution. Transparency and accountability
requires the government to conduct its business in
a transparent manner, allowing for public scrutiny of
its policies. Transparency involves clear and public
disclosure of information, rules, plans, processes and
actions by governments, companies, organisations
and individuals. It is the principle that public affairs
need to be conducted in the open.63 Accountability
means holding individuals and organisations
responsible for executing their powers properly (in
accordance with the rules and duties of their post),
and for paying consideration to vulnerable parties.
The 2018 Corruption Perception Index Transparency
International has ranked Zimbabwe number 157 out
of 180. Many factors have contributed to this ranking.
Specific Cases
Manipulation of State Institutions and Asset Looting - Chapter 13 of the Constitution established
Institutions to Combat Corruption and Crime. Under this Chapter, the Constitution established the
Zimbabwe Anti-Corruption Commission (ZACC). The ZACC encountered serious challenges in its
duties because of interference from politicians. The case in point was the case of alleged fraud at the
Zimbabwe Manpower Development Fund (ZIMDEF). After the ZACC attempted to arrest Prof.
Jonathan Moyo, a then influential member of Mugabe’s Cabinet, it came under attack from the then
Vice President P. Mphoko who accused ZACC of being used by politicians. Until the collapse of the
Mugabe regime, the ZIMDEF fraud case was never solved and no one was held accountable. However,
the case exposed the fact that ZANU-PF has a culture of looting parastatals to fund party business.
Prof. Jonathan Moyo did not deny that funds from ZIMDEF were looted. Instead, he acknowledged
that they used the funds for ZANU-PF business. Attempts by the Parliament to investigate the role of
the National Youth Council in the matter did not yield any results. Jonathan Moyo, the then Minister
of Higher Education was accused of siphoning over $270 000 from ZIMDEF. 64
Public Financial Management Principles – Section 298 provides principles of public financial management
which includes the need for transparency and accountability in the public finance system. The
government has not been able to develop a resource distribution strategy to realise the principles
outline in section 298 of the Constitution. Both the 2017 and 2018 budgets did not take into
consideration the principle that revenue raised must be shared equitably between central, provincial,
and local tiers of government. This is because the government has failed or is unwilling to implement
the devolution provisions of the Constitution. As a result, the central government gobbles the entire
cake. As a result, marginalised groups continue being deprived to the benefits of national resources.
http://www.un.org/en/ecosoc/newfunct/pdf/luxembourg_tisda_south_africa_report_web.pdf
The Independent Newspaper, 7 October 2016, ‘Jonathan Moyo in corruption storm’
https://www.theindependent.co.zw/2016/10/07/jonathan-moyo-corruption-storm/
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