166 | Zimbabwe Rule of Law Journal
repay.
The court noted that declaring law or conduct inconsistent with the constitution and invalid was plainly
an obligatory power vested in the court as borne out by the word “must”. Unlike the discretionary
power to make a declaratory order in terms of s 38 of the constitution, the court had no choice in this
particular matter but to make a declaratory order where s 172(1) (a) applied.
Transparency and Accountability
The standard set by the Constitution of Zimbabwe
Although it remains far from being a perfect system, the practice of constitutional democracy in South
Africa has enjoyed far greater success than Zimbabwe in holding members of the executive to account
for alleged violations of the constitution which they are duty bound to uphold. This, in spite the fact
that the constitutional and institutional frameworks prevailing in both countries are similar to the extent
that both advocate for the democratic principles of transparency, accountability and the existence
of independent institutions that ought to facilitate the advancement of such democratic principles.
However, the question posed in this section is whether these frameworks in the case of Zimbabwe
are adequately designed to ensure that members of the executive are subject to the principles of
transparency and accountability enshrined in the constitution.
Accountability of the President and Cabinet Members
Similar to the South Africa context, the Constitution of Zimbabwe places a specific obligation on the
President of Zimbabwe to “uphold, defend, obey and respect this Constitution.....” and so serious an
obligation is it that the President may be removed from office for failure to uphold the same.19
Section 97 as an accountability mechanism
19
See s 90(1) as well as s 97(d) Inability to perform the functions of the office because of physical or mental incapacity is
the fourth ground of removal.
Select target paragraph3
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