Constitution Making Process in Zimbabwe

The MyConstitution project works towards a home-grown and wellinformed constitutional culture as an integral part of democratic transition and sustainable peace in Myanmar. Based on demand by Myanmar stakeholders, expert advisory services are provided to those involved in constitution-building efforts. This series of Constitution Briefs is produced as part of this effort. The International Institute for Democracy and Electoral Assistance (International IDEA) is an intergovernmental organization with a mission to support sustainable democracy worldwide.

Zimbabwe's education system, once hailed as the best in Africa, now stands at a critical juncture. Despite high literacy rates, glaring disparities between public and private schools threaten future economic growth. This paper argues that revitalizing public education is not merely a social duty but a strategic economic investment crucial for achieving Vision 2030 and fostering inclusive prosperity. Analyzing the divide in infrastructure, digital access, and learning outcomes, we show how inequalities perpetuate poverty and constrain national productivity. Drawing on the Big Push theory, global success stories from Rwanda, Brazil, and Chile, and innovative financing models such as Public-Private Partnerships (PPPs), diaspora bonds, and education impact funds, we propose actionable strategies for bridging the education gap. We advocate for a coordinated, largescale investment approach combining government leadership, private sector participation, diaspora engagement, and community action. With Zimbabwe's youthful population, urgent infrastructure needs, and strong cultural demand for education, the country faces a historic opportunity to transform its economy through educational reform. Investing in education infrastructure and quality now can unlock human capital, attract investment, drive diversification, and reduce inequality. Failure to act risks entrenching socioeconomic divides and missing out on future growth. The paper concludes by calling for a decisive, collective effort to build 2,000+ new schools as a foundation for Zimbabwe's national revival.

Zimbabwe as a country has been a constant feature in the international media for all the wrong reasons. Electoral violence, breaches of constitutionalism, human rights abuses, abuse of key state apparatus, and an ailing economy have characterized Zimbabwe since the country attained its independence. At the root cause of all this is the divisions that exist amongst the country’s political leaders which permeate down to the people at the grassroots thereby creating a perpetual wave of high levels of political polarization. To address this challenge, a dialogue platform by the name of POLAD was created to diffuse the high levels of political polarization and in turn unite the nation. This purpose of this study was to ascertain the success of POLAD towards its goal of uniting the nation. The research used a qualitative approach to explore the topic under study. Document review and interviews were used as part of the data gathering instruments. On sampling, purposive sampling method was used to obtain data from participants who were members of POLAD as well as the general populace. The major findings of the study revealed that POLAD has recorded many positives as it has changed the political perspective in the country as cooperation of political actors at the macro level has permeated all the way down to the micro level. In addition, POLAD has provided an extra layer to government checks and balances thereby instilling confidence in the general populace who regarded the Executive as exerting considerable power and influence over the Judiciary and Legislature. The study did also reveal inherent flaws in POLAD which inhibits it from fully undertaking it duties in the form of lack of inclusivity owing to absence of some political actors and lack of independence as one actor assumes the role of both player and referee.  The research brought forward some recommendations on how POLAD can shake off its flaws by extending its hand to other political actors and seeking an independent source of funding amongst other measures.

In less than a decade, violence has shifted from being a diffuse and occasional practice to becoming a constant in Brazilian political life. According to human rights organizations, Terra de Direitos and Justiça Global, violence against elected officeholders, candidates, or pre-candidates has significantly increased in the past four years in Brazil. Electoral violence, characterized by actions that destabilize the electoral cycle and consequently its results, can occur in any political environment, whether through isolated or large-scale acts, and it can have noticeable impacts on the political landscape. In this context, a new figure emerges: Pablo Marçal (PRTB), a candidate for the mayoralty of São Paulo, whose behavior combines a set of methods and techniques aimed at manipulating emotions, raising the temperature of political violence in Brazil.

This paper examines the state of horizontal accountability in Mongolia, focusing on the judiciary’s role in addressing corruption, particularly through the case of the Development Bank of Mongolia (DBM). In recent years, Mongolia has seen a decline in democratic stability, driven by increased executive power, frequent constitutional amendments, and pervasive corruption scandals. These developments have weakened institutional checks and public trust, putting the judiciary’s independence and effectiveness under scrutiny. Using the framework by Luhrmann, Marquardt, and Mechkova (2020), this study analyzes Mongolia’s horizontal accountability mechanisms, assessing judicial capacity, transparency, and public perceptions in combating high-profile corruption cases. Through an in-depth review of legal structures, political dynamics, and empirical data, the paper sheds light on the judiciary’s ability to maintain checks on executive power and the broader implications for democratic governance in Mongolia.

The assessment of horizontal accountability in Mongolia, focusing on the judiciary's role in addressing corruption, highlights several significant challenges. Although Mongolia's Constitution and subsequent amendments promote judicial independence, practical applications show considerable political influence, especially through judicial appointments and the involvement of political figures. Issues such as high caseloads and limited resources in the judiciary and prosecutor’s office further hinder the judiciary's ability to handle complex corruption cases efficiently. Public distrust, fueled by corruption scandals and delayed court decisions, reflects deep-rooted concerns about judicial impartiality and effectiveness. The Development Bank of Mongolia case exemplifies the intersection of political, legal, and economic issues in corruption, raising concerns over its potential political motives and implications for government stability. The paper recommends strengthening judicial and prosecutorial independence, promoting transparency, and involving civil society in oversight. Emphasizing education on accountability and enhancing transparency in judicial processes could help restore public trust. Such measures are essential to counteract the erosion of democratic norms and ensure the resilience of Mongolia’s horizontal accountability institutions.

This research report is the culmination of a study undertaken by EISA focusing on the state of democratic governance in the Southern African region. The programme, implemented under the generic theme 'Consolidating Democratic Governance in the SADC Region', has evolved over a four-year period spanning 2003-2006. The research aims to investigate the state of democracy and governance in the Southern African Development Community (SADC) region, posing a key question as to whether or not the region has undergone democratic transition and, if so, posing a related question as to whether or not the region is firmly set on the road to democratic consolidation. The four key variables for the assessment of the state of democratic governance in this study are: representation and accountability; citizen participation; local governance; and economic management and corporate governance. Beyond just investigating the state of transitions and the institutionalisation of democratic governance, the principal goal of this programme is to evaluate the progress that is being made in the area of democratic governance in the SADC region, to identify problems encountered by various countries and to suggest appropriate policy options for enhancing democratic governance. The specific objectives of the programme are to: • strengthen mechanisms for data collection, providing a reliable situational analysis of the state of governance in the SADC region; • formulate generalisable trends of democratisation in the SADC region on the basis of informed perceptions of key opinionmakers in the countries concerned; • develop relevant and appropriate research methodologies in the governance field that would not only be useful to EISA but, indeed, to other relevant research and policy advocacy institutions in the SADC region and beyond; and • provide up-to-date information on comparative analyses of the governance arena in the SADC region in respect of representation and accountability; citizen participation; local governance; and economic management and corporate governance. EISA RESEARCH REPORT NO 30 x Thanks also go to EISA executive director Denis Kadima for his guidance throughout the programme implementation, as well as to Robyn Smith (field offices and programme support manager) for her splendid work in coordinating some of the programme activities, especially the mid-term review. In addition, I am most grateful for the work undertaken by my colleagues in the EISA Research Department who contributed enormously to the success of this programme: Patrick Masemola (research intern), Nkgakong Mokonyane (programme assistant), Sydney Letsholo (research assistant), Tebogo Sambo (library clerk), Beth Strachan (librarian), Dr Jackie Kalley (senior librarian), Victor Shale (researcher), Grant Masterson (researcher) and Bertha Chiroro (researcher). I would also like to thank Tim Hughes for the mutually beneficial collaboration between EISA and the South African Institute of International Affairs during programme implementation. This series of research reports is dedicated to three colleagues who passed away during the course of the programme, namely Dr Joshua Mzizi of the University of Swaziland, Professor Alfred Chanda of the University of Zambia and Nixon Khembo of the University of Malawi. These researchers played an important role in the evolution of this programme at various stages of its implementation -may their souls rest in peace.

SA should be given more credit for building an inclusive democracy within 40 years of the 20 th century's last system of institutionalised racism. By studying structural differences, I have asserted in previous columns how SA may not follow its northern neighbour Zimbabwe into becoming a wasteland.

Resumo: A centenária disciplina do Direito Internacional Privado foi vista, na maior parte da sua existência, como mera ferramenta para aplicação da lei em caso de conflito de leis no espaço. Embora sua função precípua sempre tenha sido o gerenciamento de culturas via relacionamentos jusprivatistas, sua aplicação se dava de forma eticamente neutra e asséptica em relação a outros valores. Contudo, com o desenvolvimento do direito internacional dos direitos humanos, a disciplina passa por uma lenta abertura a novos valores, os quais alteram substancialmente seus clássicos institutos, como o próprio conflito de leis e a cooperação internacional. Portanto, o objetivo do presente trabalho é de justamente analisar como ocorre a ressignificação dos institutos clássicos da disciplina em um contexto de erosão da soberania e da jurisdição. Três foram os institutos escolhidos para análise: a condição jurídica do estrangeiro, a cooperação internacional e o conflito de leis. Para tanto, utilizou-se do procedimento metodológico da revisão bibliográfica e documental de livros, artigos científicos, teses, dissertações e legislações, de procedência nacional e internacional, escritos em português, inglês e espanhol. Espera-se com a pesquisa demonstrar que com o adensamento da mobilidade humana transnacional nas últimas décadas, o Direito Internacional Privado ocupa papel do maior destaque em direção à criação de uma renovada ética migratória, embora a sua abertura ao direito dos direitos humanos ocorra de forma gradual e constantemente desafiada.

A presente pesquisa tem como objetivo estudar e compreender o fenômeno do interconstitucionalidade para demonstrar a efetivamente desta abordagem interconstitucional no âmbito da América Latina, o que se fará por meio de estudo de um caso julgado pela Corte Interamericana de Direitos Humanos. Utilizar-se-á o método dedutivo, e instrumentos de pesquisa bibliográfica e análise jurisprudencial. Os resultados desta pesquisa apontaram que a teoria do interconstitucionalidade, reconhecida inicialmente no sistema jurídico europeu, pode ser também identificada no contexto da América Latina, no âmbito do Sistema Interamericano de Direitos Humanos. Portanto, esta pesquisa permitiu concluir que, em razão da conversação entre ordens jurídicas internacionais e da semelhança cultural, o interconstitucionalismo encontra alicerce para se desenvolver, e, ademais, permite uma maior proteção dos direitos dos indivíduos. O estudo do fenômeno do interconstitucionalismo em casos da Corte Interamericana d...

O presente trabalho investiga a hipotese de que a vigente Constituicao Brasileira, em sua dimensao cultural, e calcada na ideia de partilhas. Por isso, em termos teoricos, o escrito intenta definir o que sejam partilhas culturais e, no seu aspecto pratico, busca conhecer os principais processos que, em nivel constitucional (tanto no texto original como nos decorrentes de emendas) as animam, identificar as pessoas e as instituicoes responsaveis por sua concretizacao e vislumbrar como seria, segundo o ordenamento juridico brasileiro, a ideal distribuicao dos frutos que ela proporciona. Desenvolvido a partir do metodo dedutivo do que sobre o tema e encontrado na legislacao e na doutrina, o trabalho e concluido com a confirmacao da hipotese originalmente lancada, mas tambem com a constatacao de que das normas constitucionais determinadoras de partilhas no âmbito da cultura, mais do que outras, em face do apelo nem sempre economico, demandam a intensa luta pela concretizacao do direito.

Corruption is a topical issue worldwide particularly when criminal justice systems and institutions that ensure compliance with the law and play a key role in controlling corruption are affected. Evidence from research shows that citizens of developing countries in Africa and elsewhere perceived criminal justice institutions in their countries, especially the police and judiciary, as among the most corrupt public institutions. However, little research has considered the views of criminal justice officials themselves when it comes to corruption in criminal justice systems. Through a survey of 616 Ghanaian police officers, this study examines police officers’ views of corruption in Ghana’s criminal justice system. Descriptive statistical analyses were conducted to ascertain police officers’ views of the nature, prevalence, levels, and initiators of corruption. A key finding is that police officers perceive corruption as prevalent in Ghana’s criminal justice system and as a serious pro...

This book is the product of a three-year partnership between the University of Cape Town, the University of Dar es Salaam and the University of Warwick. The objectives of this partnership were to investigate problems of accountability and constitutional implementation in Africa, with a specific focus on formal and informal institutions of accountability and external accountability support; to draw on this knowledge in developing new or revising existing courses in law and politics at the three partner institutions; to encourage interdisciplinary and comparative research; and to stimulate curriculum development in comparative constitutional law and political studies. We are grateful to all members of the partner institutions who participated in the activities of our partnership. In particular, we would like to thank Professor Christina Murray and Professor Peter Burnell for the leading role they played in establishing the partnership. With special appreciation, we remember the contribution of the University of Dar es Salaam's leading and most active participant in this partnership, Professor Jwani Mwaikusa. To our great dismay and sadness, Professor Mwaikusa was murdered outside his home in Dar es Salaam in July 2010. We dedicate this book to his memory. The chapters included in this book were drawn from a conference entitled 'Sources of Accountability on the African Continent' hosted in July 2009 by the Department of Public Law at the University of Cape Town. This conference attracted participants from the three partner institutions and beyond, including academics, judges, legal practitioners, students and members of the press.

The empirical evidences of constitution-making conducted by the United Nations (UN) represent a significant challenge to contemporary constitutional law and to the deeper tradition of modern constitutionalism. By incorporating the ideals that sustain democracy to the UN there was a change of perspective as to its role: the political-juridical structuring of a nation in turmoil. This paper discusses the pre-constituent and constituent stages of the constitutional assistance processes developed by the UN in states that have democratization needs. The focus of the discussion relates to the possibilities and limitations of such processes, led by the UN as an international institutional authority with the aim of being responsible for the appeasement of large areas of turmoil.

This report was preceded by an Interim Report that was presented to H. E. the
President on 26th August 2009. The Interim Report contained initial findings and
recommendations that, in the view of the Task Force, could be addressed in the
short term. Those findings and recommendations remain substantially unchanged.
This report augments the content of the Interim Report and adds findings and
recommendations for implementation in the short, medium and long-term.
The responsibility to protect citizens and to provide for their safety and security is a
prime function of government. For more than a decade there has been growing
concern amongst Kenyans about their safety and security. From time to time,
Government has considered and effected some police reforms but no in-depth and
comprehensive evaluation of policing in Kenya has been undertaken. This Task
Force was mandated to undertake such an evaluation and to recommend changes
and reforms, which would substantively improve policing in Kenya.
The Task Force reviewed a wide range of research and police-related reports as well
as other literature relating to policing and police reforms in Kenya and internationally.
The Task Force then received written and oral submissions from various
stakeholders and experts, and visited all the eight provinces of Kenya where it met
and had discussions with the Provincial Administration and Police leadership. In
addition, the Task Force held public hearings in the provinces and received written
and oral representations from members of the public, civil society, faith-based
organizations, the business sector and other stakeholders. The Task Force also
listened to junior ranks within the Police Forces, and visited their stations, posts and
residential quarters.
The Task Force also visited Botswana, Sweden, and the United Kingdom and
Northern Ireland to learn from their policing experience.
The totality of views and impressions that emerged from this broad consultative
process provided the Task Force with a better understanding of the complex security
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concerns of Kenyans, as well as the challenges that Government and the police face
in addressing such concerns.
The Task Force found that the police are poorly equipped, poorly resourced, and
suffer from low morale arising from, amongst others, poor remuneration and other
terms and conditions of service. The intensity of public concern over the security
situation and the effectiveness of the police became apparent at public hearings. In
general, Kenyans regard the Kenya Police as ineffective, and levels of trust in them
are low. Kenyans want trust and confidence in police restored, and cooperation with
police officers improved to enhance the safety and security of communities.
Recommendations were therefore aimed at addressing substantive issues of
concern both to the public and the police.
Chapter 10 of this report summarizes over 200 recommendations made by the Task
Force, a few of which deserve a brief mention:
• Complaints against police conduct, including use of violence, extra-judicial
executions and other human rights violations, have in the past not been dealt with
impartially and were often ignored. This has contributed to low levels of trust in
the police. This report recommends the establishment of a new institution that will
focus on police conduct, namely an Independent Policing Oversight Authority,
composed of civilians, established under the Constitution and with clear
legislative powers to execute its mandate. This will enhance public confidence
that complaints about police conduct will in future be investigated in an impartial
manner and that transgressors will be called to account.
• Policing by the Kenya Police has in recent years been undertaken through a
highly centralised command structure from Police Headquarters in Nairobi. This
has eroded the powers of provincial and district police commanders and
contributed to widespread dissatisfaction amongst police officers, stifled local
police initiative and alienated members of the public. The Report contains farreaching recommendations aimed at moving away from an overly centralised
command structure by devolving powers and responsibilities to lower levels and
by providing greater operational autonomy to commanders at provincial, district
xxvii
and station levels. Other recommendations aim at making the appointment
process of senior officers competitive and more transparent. It is also
recommended that the Criminal Investigation Department be renamed
Directorate of Criminal Investigations (DCI) and be granted greater operational
and financial independence, and be shielded from political and other improper
interferences.
• Corruption amongst junior and senior police officers has been rife and has had a
debilitating impact on policing and on public trust. Some recommendations in this
report aim at tightening controls and supervision mechanisms. A Code of Ethics
is recommended to, among other things, address conflict of interests involving
police officers. Direct or indirect involvement by police officers in certain business
activities, such as operating matatus and other public transport enterprises,
should be prohibited.
• Many Kenyans have become increasingly concerned about what appears to be a
growing rivalry, overlapping functions and competition between the Kenya Police
and the Administration Police. While the two police services remain separate
entities, recommendations in this report are aimed at coordinating them under the
umbrella of a National Policing Council, which will determine policing policy and
plans, and promote sharing of resources such as training facilities.
• Many of the recommendations are aimed at improving conditions of service and
at enhancing the provision of welfare benefits and greater security to police
officers and their families. The recommendations aim at improving remuneration
and allowances, taking interests of family members into account when
transferring police officers, providing medical and life insurance cover and
significantly improving the very poor conditions in which many police officers and
their families are accommodated.
• The proposed change of name from Kenya Police Force and Administration
Police Force to Kenya Police Service and Administration Police Service
xxviii
respectively, is one of a number of recommendations aimed at changing the
mindset of both the police and the public. Police culture and conduct should
move away from reactive policing to proactive policing based on professional
crime investigations and increased interaction with communities. New
standardised uniforms for all ranks are proposed for each of the Services. A more
effective internal complaints process for police officers is recommended.
Corruption and nepotism in the recruitment and promotion process is countered
through recommendations aimed at greater transparency and professionalism. In
this regard, the role of the proposed Police Service Commission will be crucial.
• Another key recommendation is the immediate finalization of the National
Security Policy, and National Policing Policy which should have Community
Policing as one of central pillars. Proper and effective partnerships between
communities and security agencies will constitute a major paradigm shift in
policing.
• A novel recommendation is aimed at the establishment of a statutory Police
Reforms Implementation Commission whose function will be to coordinate,
monitor and supervise the implementation of the reforms recommended in this
report. It will be composed of local and international policing experts, senior
government officials and police officers, with a civilian chairing the Commission.
The aim is to speed up police reform implementation and enhance public
confidence in the process.
One of the terms of reference required the Task Force to prepare a draft Police
Reforms Bill that would incorporate the recommendations set out in this report. The
Police Reforms Bill has not yet been finalised. The Task Force had to first finalise
this report to inform the content of the Police Reforms Bill. The broad issues that
should be addressed in the Bill as well as those relating to other proposed legislation
are spelt out in this report. As soon as the proposed Police Reforms Implementation
Commission is established, it should assume the responsibility of coordinating and
xxix
supervising the drafting of the Police Reforms Bill and the other Bills envisaged in
the report.
The prompt and effective implementation of the recommendations contained in this
report will demonstrate the Government’s commitment to transform policing in
Kenya. If the Government undertakes the implementation of the recommendations
with determination, the goal of providing greater safety and security of Kenyans will
be realised. The people of Kenya deserve it.

This study is mainly the qualitative analysis of Zimbabwe's anti-corruption framework in curbing corruption that has become a wicked problem in modern day states. The study focused on exploring mechanisms that help in curbing the scourge of corruption which, if left unresolved, can undermine political, social and economic stability, and ultimately threaten peace, safety and security of all people. As such, the study is premised on the objective of a discussion of the institutional framework in place to investigate, expose and combat corruption in Zimbabwe particularly in the public health sector. Concomitant to this, the study also interrogates challenges that stifle effective implementation of the institutional framework of anti-corruption in Zimbabwe. Resultantly, the study proffers recommendations that may go a long way in enhancing the implementation of Zimbabwe's anti-corruption institutional framework. The primary research questions of the study include: (i) what is the nature of anti-corruption framework in place to investigate, expose and combat corruption in Zimbabwe?; (ii) How is the anti-corruption framework being implemented in Zimbabwe?; What is the relationship between effective anti-corruption institutional framework and public health delivery in Zimbabwe?; What are the challenges stifling effective implementation of the anti-corruption framework in Zimbabwe?; and What are the recommendations that may enhance the implementation of Zimbabwe's anti-corruption framework? The study deploys the rational choice theory and the modernisation theory to have an in-depth understanding of the issues surrounding a global wicked problem of corruption. To have an understanding of the research problem, the study mainly used qualitative research methodology. However, in some instances, the quantitative research methodology is used. Therefore, a mixed-method research methodology characterizes this study. In-depth interviews were used to obtain primary data and secondary data was obtained through documentary review. Data was analyzed through thematic analysis and content analysis. The study, among other findings, revealed that corruption involves the use, abuse, or mismanagement of public office or resources for personal gain and results in devastating effects on population health outcomes. The study further found out that the Zimbabwe Anti-Corruption Commission (ZACC) forms the face of Zimbabwe's anti-corruption institutional framework as provided by the country's constitution. There are some challenges that compromise the fight against corruption in Zimbabwe and among them is lack of coordination among various anticorruption stakeholders and lack of political will by the bureaucrats. The study recommends that government should establish multi-stakeholder partnerships and harmonize anti-corruption instruments. Further to that, the study recommends that government should strengthen public procurement systems. Educating and sensitizing the public on anti-corruption and ethics also goes a long way in minimizing the prevalence of corruption in the country.

This book analyzes United Nations (UN) interventions in the process of constitution making in states undergoing political change. It combines theoretical considerations of democracy and constitutionalism with empirical experiences and takes a critical perspective on the interventions developed by the United Nations in the processes of re-democratization. Presenting new empirical evidence on the substantive and procedural way in which the UN undertakes constitution building in Cambodia, Bosnia and Herzegovina, Afghanistan, and East Timor, the book illustrates difficulties of these practices such as the promotion of popular participation, as well as an increasing Westernization, and to meet local needs. In consequence, the authors call for reforms of the actions and structural methods the UN to better align a legitimate constitutional order with the rule of law and democratic values. This book is aimed at scholars and students of politics and law who are interested in the prerequisites and conditions for further democratization in states undergoing political transformation.

The Judiciary's accountability to the social order is made effective by ensuring that justice officers are answerable to the law. It resonates well with the doctrine of the rule of law. An independent Judiciary is the crux of the rule of law. The Judiciary is required to act in a transparent and accountable fashion in the implementation of judicial functions. The judicial system in a nation is fundamental to the safeguarding of human rights and freedoms. The judicial system is an essential check and balance on the other branches of government, ensuring that laws of the legislative and the acts of the executive comply with international human rights and the rule of law. This premise is based on an assumption that the judiciary acts in a way separate from the other members of the trias politica,2 namely members of the executive and legislative organs of the State. This paradox is embedded in an excessive emphasis on judicial independence which creates the danger that authoritarian regimes may achieve a cloak of legitimacy for their laws by having them enforced by independent judiciaries.

A teoria da separação dos poderes 2 vem acompanhando o estudo do constitucionalismo e das Constituições ao longo dos tempos. Pode-se dizer que constitui uma ideia básica para a modelagem do desenho institucional, eis que se centra em torno de três ramos governamentais: poder executivo, legislativo e judiciário ⎯ aqui pensado como uma separação necessária para prevenir e controlar o poder. Inúmeras pesquisas 3 ao modelo descrito por Montesquieu têm sido apresentadas, mas raras são as que incorporam a cooperação como elemento essencial da sua teoria. Por exemplo, o desenvolvido por Bruce Ackerman 4 , intitulado "Nova separação dos poderes", que argumenta contra a exportação do sistema americano de poderes, em favor de uma abordagem de prática constitucional de "parlamentarismo restrito" 5. Para o autor, este modelo pode gerar uma variedade de estratégias institucionais que melhor sirvam aos três grandes princípios que motivam a doutrina moderna da separação dos poderes: democracia, governança e proteção dos direitos fundamentais.

This paper explores the dynamics of regime change in South Africa and Zimbabwe through an examination of civil society's role, but more particularly mainline Christian religious associations, in democratising and consolidating democracy. After surveying state–civil society debates, an analysis of the nature and purpose of civil society in these two countries is undertaken. In both countries, a vibrant, diverse civil society exists that builds or strengthens democratic possibilities; however, Zimbabwean civil society is weaker for reasons that include regime type, the particularities of the liberation struggle, and constitutional limitations. The paper concludes with prescriptions for strengthening civil society in South Africa based on lessons learned from Zimbabwe.

The late President Robert Mugabe was unfairly criticized, boycotted, and isolated for the adamant position he took of not returning the land to former English settlers in Zimbabwe. One can hardly blame him for recovering the stolen property, that he returned to its rightful owner. Consequently, Mugabe saw no reason to negotiate any further on the recovered property. Naturally, England saw this act as a provocation, a slap in the face, and did everything possible to bring Mugabe to his knees, but he refused to go down. Hopefully, his successor will put an end to this crisis, by allowing former Zimbabwean-English settlers who wish to return to Zimbabwe to settle there. They cannot recover the land that Mugabe took back, but they should be assisted by the new Zimbabwe government to settle there and to start a new life.

Charles Rudd,. One of the problems with the Rudd Concession was that it was not fully understood by the locals. The had not fully comprehend the cost versus the benefit thereof. After the realisation that there was squeeze was not worth the juice, the First Matabele War erupted. The 2013 constitution provides in section 13(4) that the state must ensure that local communities benefit from the resources in their areas. This provision is just a provision , it is far away from reality. The Mines and Minerals Bill was supposed to actively support this provision .It attempted to address some issues but more can be done to protect the communities from harm and for them to enjoy the benefits that come with living in mineral rich communities. The Mines and Mineral Act of 1961 is currently being amended. The Parliamentary Portfolio Committee on Mines was conducting public consultations on the Bill. The current law being used to govern the mining industry and minerals was enacted in 1961.Clearly the amendment was long overdue. The Act was enacted during colonial era and has tenents of colonisation. The new law is trying to address the emerging issues in mining such as environmental degradation , small scale miners , which were not provided for under the 1961 Act , community participation , Cadastre system (electronic register of mining claims) among other things. The Bill is a welcome move however , it is not adequately addressing the issues that mining communities are facing today.

A presente obra dedicou-se a tratar algumas das proteções referentes à pessoa humana, envolvendo desde a migração, tema atualmente em voga, passando pela questão da proteção das mulheres e dos grupos LGBTIA+, bem como dos povos indígenas, campos férteis para debates a respeito em todo o país. Além dos temas elencados, também houve preocupação com a questão da educação, uma vez que traz reflexões fundamentais para que todos os outros temas possam ser acolhidos e respeitados, tanto no âmbito acadêmico, quanto nos demais setores sociais. Para tanto, houve o trabalho conjunto de docentes e pesquisadores de distintas Instituições de Ensino Superior, que atuam em diferentes nichos que englobam a proteção da pessoa humana.

The Constitution of Zimbabwe states that citizens who have reached the age of 18 years may vote in local and national elections. However, the Electoral Act states that only Zimbabwean citizens who are on diplomatic missions, civil servants and members of the armed forces on external missions may vote from abroad. This legal requirement effectively disenfranchises millions of Zimbabwean citizens who live and work in other countries. Why the current Zimbabwean authorities do not allow or enable their citizens to vote from abroad in Zimbabwe’s national elections is contentious, especially ahead of the 2023 general elections. This article uses the desktop approach to argue that the right to vote in one’s country of origin by citizens working and living abroad is a barometer of a nation’s deepening democratic practices, of which elections are a lynchpin. This study hopes to contribute to international human rights law. A study of voting from abroad contributes to discussions regarding th...

This paper is a contextual analysis of the Constitutional Courts of South Africa and Zimbabwe. Both Courts are founded on almost identical constitutional provisions, but have proceeded on markedly different jurisprudential trajectories. Whilst the South African Court is celebrated for delivering on the “promise” of judicial review, the Zimbabwean Court is generally viewed as a captured institution, subject to the whims of the executive. This understanding of courts as a binary between those enabling of and those constraining against executive and legislative power risks generalizing and falsely homogenizing the process by which courts claim and exercise power. It also fails to account for the reasons why courts, even those in authoritarian regimes, remain productive sites of human rights enforcement. This has the adverse effect of unduly crediting written law as the sole source of judicial power without accounting for contextual influences which enable or constrain the exercise of that power.

Focusing on constitutional interpretation… fails to question how courts achieve the power, often in direct contradiction to a legislative majority or a popularly elected executive, to decide on issues of fundamental social importance. The doctrinal response is, of course, to point to the sections of the Constitution which explicitly grant the Court the power of judicial review, or failing which to refer to case law in which the power was assumed. This response, however, fails in the face of a history in which courts, even when explicitly granted powers of judicial review, have either been ‘executive-minded’ in their deference to the executive or just failed to exercise this authority.

This article is based on the work of Mphendu Unathi who is a second year registered student for PhD (Public Administration) under the supervision of the Professor Natasja Holtzhausen. The registered title of the thesis which is not yet submitted for examination is: “Evaluation of the implementation of professional ethics and anti-corruption legislation: the case of Social Sector Cluster in the Gauteng Province”.

This paper examines the concept of judicial independence in Kenya with a view to providing a deeper understanding of the challenges that work against its practical aspects. It uses a generalizable analytical framework to illuminate the relationship between judicial independence and specified essential factors normally considered as critical to strengthening the judicial independence in a democratic society. Descriptive method has been used to relate data to theory and to provide a coherent explanation on impediments to judicial independence in Kenya. The empirical analysis that draw on two datasets-the Afrobarometer and The CIRI Human Rights, is provided to augment theoretical explanations. These datasets directly relate to Kenya, hence their usefulness. This paper provides a detailed description of perceived challenges to judicial independence in Kenya and makes summaries on reasons why such challenges subsist. Jelen kézirat naprakész értekezéseket mutat be a kenyai bíráskodás függ...

Abstract: This study seeks to understand the relationships between opposition political parties, internal party democracy within them, and democratisation in Zimbabwe. It has done so through an in-depth study of the internecine struggles within the Movement for Democratic Change (MDC) that led to it splitting five times ever-since its formation in 1999. The premise of the study is that factionalism is the main cause of the opposition party’s inability to gain power. The study investigates the influence of and the relationships among five factors contributing to the MDC's factionalism. These are: ethnic politics; relations with civil society; the influence of external political actors ranging from ‘the west’ to South Africa; ruling party efforts to destabilise the MDC; and problems within party leadership (including generational conflict). These have been related to the MDC's decline and the diminishing qualities of democracy, historically contextualised, in Zimbabwe more gen...

Las expectativas que tiene Chile respecto al desempeño y ejercicio del poder constituyente de la Convención Constitucional que se inició el 4 de julio de 2021, no se diferencia de lo que parte de la experiencia comparada en Latinoamérica a esperado de sus respectivos procesos constituyentes de finales del siglo XX y comienzos del siglo XXI. En los hechos, desde que se empieza a consolidar la demanda por una nueva constitución, la Asamblea Constituyente es la opción que refleja una instancia que se aleja de la política de los partidos, participativa y reflejo de la voluntad del pueblo o ciudadana. La elección de convencionales constituyentes de mayo de 2021, es el resultado de esta convicción que ya se había sincerado en el proceso participativo para la elaboración de las bases ciudadanas para una nueva constitución, impulsada por el gobierno de Bachelet en 2016.

I, SANDRA NICOLE MUTHONI BUCHA, do hereby declare that this research is my original work and that to the best of my knowledge and belief, it has not been previously, in its entirety or in part, been submitted to any other university for a degree or diploma. Other works cited or referred to are accordingly acknowledged.

This paper examines the concept of judicial independence in Kenya with a view to providing a deeper understanding of the challenges that work against its practical aspects. It uses a generalizable analytical framework to illuminate the relationship between judicial independence and specified essential factors normally considered as critical to strengthening the judicial independence in a democratic society. Descriptive method has been used to relate data to theory and to provide a coherent explanation on impediments to judicial independence in Kenya. The empirical analysis that draw on two datasets-the Afrobarometer and The CIRI Human Rights, is provided to augment theoretical explanations. These datasets directly relate to Kenya, hence their usefulness. This paper provides a detailed description of perceived challenges to judicial independence in Kenya and makes summaries on reasons why such challenges subsist. Jelen kézirat naprakész értekezéseket mutat be a kenyai bíráskodás függ...

The empirical evidences of constitution-making conducted by the United Nations (UN) represent a significant challenge to contemporary constitutional law and to the deeper tradition of modern constitutionalism. By incorporating the ideals that sustain democracy to the UN there was a change of perspective as to its role: the political-juridical structuring of a nation in turmoil. This paper discusses the pre-constituent and constituent stages of the constitutional assistance processes developed by the UN in states that have democratization needs. The focus of the discussion relates to the possibilities and limitations of such processes, led by the UN as an international institutional authority with the aim of being responsible for the appeasement of large areas of turmoil.

Policymakers and Governments across the world are in search of ways of tapping into the diasporic economy and integrating it into the mainstay economy. This has propelled countries like Ethiopia and Philippines to intervene into diaspora engagement and welfare in various ways. However, existing scholarship acknowledges that the diaspora community is not a homogeneous grouping and hence an appreciation of their profiles is of paramount importance. Despite existence of a human development cycle, accounting cycle, grief cycle, there is a diaspora development cycle which needs to be understood in order to guide the sort of intervention that a government may render in mobilizing diaspora participation. This paper therefore, attempts to define and configure 3 types of diasporas of interest: diplomatic, student and economic and detail their profile and development cycles. More so, the paper interrogates government interventions in the Philippines, Ethiopia and Zimbabwe and proffer recommen...

I, SANDRA NICOLE MUTHONI BUCHA, do hereby declare that this research is my original work and that to the best of my knowledge and belief, it has not been previously, in its entirety or in part, been submitted to any other university for a degree or diploma. Other works cited or referred to are accordingly acknowledged.

Populistas usam a mudança constitucional para realizar três funções: desconstruir a antiga ordem institucional, desenvolver um projeto substantivo enraizado em uma crítica dessa ordem e consolidar o seu poder. O grande paradoxo decorrente destas questões é que, diante de um possível legislativo ou executivo populista, os tribunais constitucionais serão aqueles que, em última linha, defenderão o liberalismo político e o sistema democrático ao interpretar os poderes e direitos em um campo do político e jurídico. Como e de que forma as Cortes empregam o exercício de seu poder político? A jurisdição constitucional pode exercer uma “revisão judicial abusiva” e legitimar práticas antidemocráticas para consolidar o regime populista, tais como a criminalização da política? Após a extração de seu leque semântico a pesquisa passa a analisar a atuação do Supremo Tribunal Federal (STF) nas respostas às Arguições de Descumprimento de Preceitos Fundamentais (ADPFs) entre março de 2020 e fevereiro...

This paper inquired into whether or not the incumbent Constitution of Uganda contains sufficient guardrails to stymie infringement upon the independence of the Director of Public Prosecutions (hereinafter "the DPP") in Uganda. The paper employed a qualitative approach and relied upon the text analysis method of inquiry. It, therefore, reviewed the text of the incumbent Constitution as to the independence of the DPP. It also gleaned the literature regarding a constitutional climate that helps or hurts the independence of public prosecutors, to fortify the findings of the inquiry. The paper determined that de jure, the Constitution provides for the independence of the DPP, but also ascertained that de facto, the DPP is not independent due to a flawed mechanism of the DPP's appointment, the absence of a life tenure or a single-term tenure for the DPP, and the fact that the DPP can be removed or re-appointed by the unilateral will of the president. The paper offers proposals for constitutional reform to strengthen the independence of the Office of the DPP in Uganda including that the Parliament of Uganda should amend the Constitution to provide for the appointment of the DPP by a body of prosecutors or lawyers in lieu of politicians. Or the DPP, upon appointment by the President should serve a fixed term that is not renewable. The paper also recommends that the DPP should only take over the prosecution of a criminal case he or she did not institute, with the concurring will and consent of an individual or entity that initiated it, and only so to continue the case to its logical conclusion.

This article is based on the work of Mphendu Unathi who is a second year registered student for PhD (Public Administration) under the supervision of the Professor Natasja Holtzhausen. The registered title of the thesis which is not yet submitted for examination is: “Evaluation of the implementation of professional ethics and anti-corruption legislation: the case of Social Sector Cluster in the Gauteng Province”.

This article seeks to explain why Zimbabwe in nearly two decades of sanctions has able to survive the Western onslaught. Zimbabwe was slapped with sanctions by US and her allies to influence her to change her policies especially regarding land issues. The state was blamed for gross human rights violation, fraud or disputed elections of 2000, 2002, 2005 and 2008, involvement in DRC war and political violence.

The study sought to examine the impact of the constitutional amendment bill no 1 on local democracy. The objectives of the study were to examine the impact of the constitutional amendment Bill 1 on local democracy Mt Darwin, North Constituency, to examine the efficacy of procedures undertaken in making constitutional amendments in Mt Darwin, North Constituency to identify the challenges associated with constitutional amendments in Mt Darwin, North Constituency and to recommend strategies to improve the constitutional amendment processes in pursuit of promoting local democracy. Literature review was done to obtain scholarly material on how constitutional amendments affect local democracy.

O objetivo deste trabalho é fazer uma extensão do estudo apresentado por J. Fitzgerald, D. Leblang e J. Teets no artigo “Defying the Law of Gravity: The Political Economy of International Migration” na revista World Politics em 2014. Os autores analisam a relação entre o fluxo migratório internacional e as condições políticas internas nos países de destino. Para isso, eles elaboraram um índice que avalia o rigor no procedimento de concessão de cidadania em centros receptores e utilizaram esta medida como referência para a abertura política do país em relação aos imigrantes. Entretanto, o Brasil não foi acrescentado na lista de países que foram codificados no índice como ponto de destino. Iremos, portanto, suprir esta lacuna, a fim de comparar a política brasileira de concessão de nacionalidade para estrangeiros com outros países que também recebem um grande fluxo de pessoas. A partir dos resultados foi possível questionar a validade da medida, visto que o Brasil apresenta um perfil ...

O presente artigo tem o desiderato de averiguar os reflexos ocasionados pelo fenômeno da judicialização nas Cortes constitucionais brasileiras sob a ótica da teoria de separação dos poderes, de Montesquieu, a partir do contexto pós Constituição Federativa de 1988. Para tanto, fez-se um breve estudo inicial com perspectiva de aproximação das bases históricas da doutrina de repartição dos poderes e uma análise dos impactos da intervenção do Judiciário em matérias de relevância nacional, como saúde pública. Quanto aos aspectos metodológicos, a pesquisa científica classifica-se como exploratória e descritiva. Quanto aos métodos orientadores, a pesquisa é bibliográfica e documental, utilizando-se, especialmente, da obra "Do Espírito das Leis", de Montesquieu. Concluise que é necessário viabilizar uma profunda reflexão acerca da temática, bem como dialogar com as diferentes esferas dos órgãos federativos de modo a evitar ingerências indevidas do Judiciário na atuação dos demais poderes, e consequentemente, em aspectos centrais do funcionamento da democracia.

Populistas usam a mudança constitucional para realizar três funções: desconstruir a antiga ordem institucional, desenvolver um projeto substantivo enraizado em uma crítica dessa ordem e consolidar o seu poder. O grande paradoxo decorrente dessas questões refere-se ao fato de que, diante de um possível legislativo ou executivo populista, os tribunais constitucionais serão aqueles que, em última linha, defenderão o liberalismo político e o sistema democrático ao interpretar os poderes e direitos em um campo do político e jurídico. Como, e de que forma, as Cortes empregam o exercício de seu poder político? A jurisdição constitucional pode exercer uma “revisão judicial abusiva” e legitimar práticas antidemocráticas para consolidar o regime populista, tais como a criminalização da política? Após a extração de seu leque semântico, a pesquisa passa a analisar a atuação do Supremo Tribunal Federal (STF) em relação às respostas às Arguições de Descumprimento de Preceitos Fundamentais (ADPFs) entre março de 2020 e fevereiro de 2021 para verificar se o caminho político de exercício de poder do STF a respeito da pandemia da Covid-19 pretende consolidar ou legitimar práticas abusivas dos poderes ou desempenhar um importante papel para a proteção da democracia sob ameaça de retrocesso. A investigação tem sede nos seguintes elementos: doutrina, documentos e decisões oficiais emitidos pelo STF e nas constituições e estudo de casos aplicados ao campo comparativo. A metodologia enfatiza o Direito Comparado e pode ser definido como uma pesquisa político-científica.

This study explores how the New Public Management (NPM) has shaped the way the judicial sector of Zimbabwe has been governed since the enactment of the new constitutional order ushered in by the Constitution of Zimbabwe 2013. It further examines how the sector must respond to the new management systems going forward. Contemporary public management paradigms have affected every facet of governance the world over. In the Zimbabwean context, the NPM model was embraced as shown by the demand for accountability, transparency, efficiency, and sensitivity in all aspects of public policy formulation, implementation, monitoring and evaluation. The study employed a qualitative case study that used in-depth interviews, documentary research and questionnaires to collect data from judicial officers. The study found that the operations of the judicial sector had to be reconfigured, in line with the NPM paradigm, through the implementation of digitalisation, introduction and entrenchment of accountability mechanisms through regular reports to Parliament and instituting the electronic case management system, expanded access to justice through the setting up of additional court stations, and transparency through public interviews in the appointment of judicial officers. It was also found that training of judicial officers and supporting staff, engagements with internal and external partners, electronic filing and service of court documents, public broadcasting of high-profile cases on television and virtual court hearings promoted the NPM in the judicial sector. The study concludes by the NPM has improved judicial governance and delivery system. It is recommended that the use of ICTs be expedited to ensure speedy management of cases. Furthermore, funds must be availed to enable smooth operations of the judicial system.

A.The rule of law ideal 2 Legal and institutional framework A. Compliance with international (human rights) obligations B. The constitution and international human rights standards C. The structure of the court system D. Law reform E. Recommendations 3 Government respect for the rule of law A. The executive and respect for the rule of law B. Parliament and respect for the rule of law C. Recommendations 4 Management of the justice system A. Strategic planning B. Financial management C. Court administration D. Access to information about the law and the courts E. Recommendations 5 Independence of judges and lawyers A. Judges B. Lawyers C. Recommendations 6 Criminal justice A. Protection from crime B. The politics of policing C. The Attorney General and prosecutions D. Non-state action against crime E. Fair trial F. Appropriate remedies and sentencing G. Prisons H. Recommendations kENyA: JuSTICE SECToR AND THE RuLE oF LAw v 7 Access to justice A. knowledge of rights B. Physical access C. Financial access D. Right to appear: Jurisdictional restrictions E. Reasonable delay F. Mechanisms to assert rights outside the court system G. Traditional and other non-state justice systems H. Recommendations 8 The role of development partners A. An overview of development assistance to the justice sector B. Transparency and accountability in development assistance C. The procurement regime of the GJLoS Reform Programme kENyA: JuSTICE SECToR AND THE RuLE oF LAw v i i The preparation and completion of this report has been made possible by the collaborative efforts of a number of people and organisations to whom we owe our most sincere gratitude. Firstly, we would like to thank a number of researchers who assisted in putting together different parts of the report: Sarah Kinyanjui for her immense contribution to the criminal justice chapter; Kamau Mubuu for his great job in the preparation of the research instruments and in the the analysis of the survey data; Steadman (now Synovate) for assistance with the administration of the survey questionnaire; Nkatha Kabira, Evelyne Asaala and Wilson Kamande for their research assistance at different stages in the preparation of the research report; and Pauline Nyamweya and Kithure Kindiki for their participation in the initial stages of the research. Secondly, we would like to thank the judiciary, particularly the Honourable Chief Justice Evans Gicheru, for allowing us to engage with judicial officers in the execution of the project. The High Court Registrar, Lydia Achode, also deserves our gratitude for her assistance in linking us with the judiciary and facilitating our meetings with judicial officers. Thirdly, the staff of the Open Society Initiative for Eastern Africa (OSIEA) and the broader Open Society Initiative family for engaging with us in intense discussions on the project, their general support and superb logistical arrangements throughout the preparation of the report. Mugambi Kiai, Binaifer Nowrojee, Pascale Kambale, Ozias Tungwarara, Juliana Osodo and Mary Gathegu deserve special mention here. Fourthly, we are also indebted to OSIEA for providing the financial resources necessary to carry out this research. Finally, and not least importantly, for their generous sharing, we are grateful to all the representatives we interviewed from Kenya's development partners, civil society organisations, the judiciary, prisons and police. We also thank those who attended the validation workshops for their comments which greatly enriched the report.

Policymakers and Governments across the world are in search of ways of tapping into the diasporic economy and integrating it into the mainstay economy. This has propelled countries like Ethiopia and Philippines to intervene into diaspora engagement and welfare in various ways. However, existing scholarship acknowledges that the diaspora community is not a homogeneous grouping and hence an appreciation of their profiles is of paramount importance. Despite existence of a human development cycle, accounting cycle, grief cycle, there is a diaspora development cycle which needs to be understood in order to guide the sort of intervention that a government may render in mobilizing diaspora participation. This paper therefore, attempts to define and configure 3 types of diasporas of interest: diplomatic, student and economic and detail their profile and development cycles. More so, the paper interrogates government interventions in the Philippines, Ethiopia and Zimbabwe and proffer recommen...

Political parties serve as a link between the state and society. Being so, they have a fundamental role in the consolidation of democratic values. It then becomes important to understand their internal functions and character. The purpose of this thesis is to measure the levels of intra-party democracy within three opposition political parties in Southern Africa. Also, this thesis seeks to show whether authoritarian political culture has an affect on a democratic party's behavior. This thesis will strive to show that as party levels of intra-party democracy decrease, fracturing in the party increases. A qualitative case study was conducted on UNITA in Angola, the ANC in South Africa, and the MDC in Zimbabwe. A I would like to express my sincerest appreciation to all who have helped guide me along this mystifying process. I would like to thank first Dr. Young, whose dedicated knowledge, infinite patience, and insight tended the evolution of both this thesis and a young mind. Had it not been for Dr. Young, this may have been a path not taken. I would like to thank the members of my committee, Dr. Walker and Dr. Schafer. Without their attention, encouragement, and sacrifice of time, the development of this thesis would not have been possible. I would also like to express my deepest gratitude to my wife, Denise Ryan, who endured the long nights and whose steady presence helped remove self-doubt. Finally, I would like to thank Thomas Egan for the coffee and the company all-night research demands. Without the efforts of these people, neither my work nor I would have had the ability to mature to this point. vi

The application of the right to private prosecutions in criminal proceedings in Kenya has been challenged by rigid procedural rules of the State. These rules are set out in case law dating as far back as 1985 with the landmark case of Kimani v Kahara. Subsequent judicial precedent, occasioned by strict adherence to the principle of stare decisis, is a repetition of these requirements with a view of making the procedure more constricted and consequently, this has impeded access to justice. This dissertation makes the argument for the relaxation of the stringent procedural rules goveming private prosecutions. It looks into the historical background and rationale behind instituting private prosecutions emphasising its benefits against public prosecutions. Secondly, it studies the attitude of the court towards prosecutions by private persons through an analysis of cases determined both preand postthe 2010 constitution. Thirdly, it makes the argument that the powers of the DPP are too wi...