World Academy of Researchers, Educators, and Scholars in Business, Social Sciences, Humanities and Education

(In association with the Academy of World Finance, Banking, Management and IT) Conference Proceedings
Volume 1 No. 1, July 2013

ZIMBABWE’S NEW CONSTITUTION AND ITS IMPLICATIONS FOR PUBLIC

ADMINISTRATION

Ricky Munyaradzi Mukonza

Department of Public Management, Tshwane University of Technology, South Africa

ABSTRACT
Since independence in 1980 to May 2013, Zimbabwe has been governed under the Lanchester
House Constitution which is largely viewed as a negotiated document meant to facilitate the
transition from white minority rule to black majority rule. Resultantly, this Constitution has
been criticised for being archaic and out of synch with demands and expectations of modern
day democratic practices. A highly contested constitution-making process was undertaken by
major parties in the Inclusive Government (IG) from 2009. The contentious issue related to
how the process was being dominated by political elites at the expense of the ordinary people.
The paper however has no material interest in this debate as its primary focus is on the content
of the new Constitution and how it will impact on the public administration. The signing of
Zimbabwe’s new Constitution into law in 2013 can therefore be viewed as heralding a new era
in the country’s public affairs. Broadly stating, the Charter brings with it a variety of reforms
that would see changes in the socio-economic and political culture of the Zimbabwe. Some of
the novel and salient features that the Constitution introduces include a wide range of rights,
institutions that promote democracy as well as a set of principles guiding public administration
and leadership. The new Supreme Law thus impact public administration in Zimbabwe in
many ways. Utilising a qualitative approach, the paper seeks to critically analyse the nature of
change that the new Constitution brings to Zimbabwe’s public affairs. The leading hypothesis
in this paper is that new Constitution has introduced significant democratic tenets and
institutions that are likely to improve public administration in the country. The paper will be
based on a literature based approach with Zimbabwe’s old and new constitutions being key
reference documents, other literature on public administration and Constitution will also be
consulted to give weight to the argument being advanced.

INTRODUCTION
The coming into being of a new constitution in Zimbabwe has brought with it a wide range of
changes. Zimbabwe had previously faced challenges in public administration some of which
were attributed to a flawed Constitution. Whilst acknowledging the point that the practice of
public administration is not entirely dependent on the Constitution, as other factors such as the
human element, culture and availability of resource, it must be stressed that the Constitution
provides a base on which public officials carry out their duties. The introduction of a section
that deals with values and principles on public administration will go a long way in ushering a
new era in this critical field. Equally important is the inclusion of the local government sphere
which has been omitted in the previous Constitution (hereafter referred to as Constitution of
Zimbabwe (1979)). The paper argues that from a public administration perspective, the new
Constitution (hereafter referred to as Constitution of Zimbabwe (2013)) will significantly
change the face and practice of the field in Zimbabwe. The paper which is based on literature
review is largely descriptive and analytical in nature.

The paper commences by attempting to define public administration as understood by different

scholars, an examination of the relationship between public administration and the Constitution
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(In association with the Academy of World Finance, Banking, Management and IT) Conference Proceedings
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is done, the old and the new Constitutions are analysed with the aim of bring out the
implications of the new Constitution on the practice of public administration. A summation of
key issues is captured in the concluding remarks.

Public administration defined

According to Zhou (2012: 133) public administration is the hub of every government because
it is the central institutional machinery through which national socioeconomic growth and
development is facilitated. Moyo (2011:1) and Nhede (2012:161) stress the difficulty that is
commonly encountered in attempting to define public administration. Du Toit, Knipe, van
Niekerk, van der Waldt, and Doyle (2002:4) define public administration as the administrative
process that must be carried out together with other actions undertaken by government
institutions and public officials. In addition, Du Toit et al (2002:4) reckon that public
administration only refers to actions and processes executed by government executive
institutions, thus in their view excluding legislative processes as well as the procedures
executed by courts of law. Furthermore a distinction is made between public administration as
an academic discipline and as activity. As an academic discipline, Public Administration is
denoted by capital letters at the beginning of each the two words, as an activity public
administration is denoted by small letters at the beginning of the words. Moyo (2011:1)
cautions against understanding public administration exclusively in terms of what he termed
‘textbook definitions’. Public administration needs to be understood in terms of how
government adapts in dealing with problems that the people are facing. Given that people’s
problems are always changing with time public administration cannot be understood as a static
discipline with a static definition. In addition, public administration in a country is shaped by
the overall political system of that country, for example the practice public administration in a
democratic country will be different from a country that is under a monarchy.

The relationship between public administration and the Constitution

Given the nature of the paper, it is important to understand the relationship that exists between
a country’s constitution and public administration. Spicer (1994:85) whilst acknowledging the
relationship between the two argues that public administration and the constitution are
premised on conflicting world views. Public administration is premised on the rationalist world
view which sees people as possessing substantial powers of reason and as able to use that
reason intentionally to improve humanity’s outcomes (Spicer, 1994:87). Rationalists have deep
faith in science’s potential to aid our understanding not only of laws of physical phenomenon
but also laws of human behaviour and relations (Spicer, 1994:88). It is the understanding of the
above that makes control of human affairs possible. It can therefore inferred that rationalists
down play the importance of the constitution in the running of public affairs. In contrast, anti-
rationalists argue that human beings’ power of reason is limited and also prone to error (Spicer,
1994:88). The anti-rationalist view sees the world, in particular, human affairs as too complex
and unpredictable for one mind no matter how wise. Furthermore, it views human behaviour as
driven by passions and selfish interests and conflict rather than cooperation is common in
human affairs. Cognisant of the flawed nature of human beings who serve in government, there
is need for laws and principles that restrain both individuals who serve in government and
government in dealing with the people. Anti-rationalists therefore give prominence to the
importance of the constitution in public administration. This paper is written from an anti-
rationalist perspective where the role of the constitution in public administration is given
prominence. Whilst the human ability to reason and work for the common good is a possibility,
for consistency and predictability, it is important to have laid down rules and principles that
should guide the conduct of both public administrators and government.
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Underlining the importance of constitution in public administration, Newbold (2010:538) states

that “…the constitution is the normative base for both practice and scholarship in public
administration as the rule of law pervades the entirety of the field…”, in other words, the
constitution gives legitimacy to the field of public administration. Newbold (2010:539) citing
Terry (2003) further makes a compelling argument about the significance of the constitution in
public administration when he says,
“When public administrators take an oath to uphold the Constitution, they are making a moral
commitment to the continuance of constitutional processes that encompass particular values,
beliefs, and interests. This commitment is expressed in practical terms through their fidelity to
duty in the administration of governmental institutions, including the values embodied in the
Constitution”

As stated earlier the paper is premised on the anti-rationalist approach which views the
Constitution as a way of restraining both public administrators and the government from
abusing authority and thus guiding the practice of public administration. Although public
officials have the leeway to use reason in order to advance public interest, these discretionary
powers need to be within the precincts of the Constitution. More importantly, the Constitution
gives legitimacy to governmental and public officials’ actions. It is therefore important for
Public Administration scholars to have a full appreciation of the impact that the new
Constitution that has been adopted in Zimbabwe has on the field of public administration, both
as a practice and its study.

Limitations of the 1979 Constitution: A public administration view

The Constitution of Zimbabwe (1979) has provided the basis for public administration since
the attainment of independence in 1980. The Constitution of Zimbabwe provided for the three
arms of the state, with provision for checks and balances as propounded by Charles Louis de
Secondat and Baron de Montesquieeue in the treis politika doctrine. In their argument as
captured by Botes et al (1992:13) state power should be shared by the three arms of the state
namely executive, legislature and judiciary. Thought acknowledging the three arms of the state,
the Constitution of Zimbabwe (1979) is sharply criticised for concentrating too much powers in
the executive leaving the legislature as a largely ceremonial institution. The Constitution of
Zimbabwe (1979) also provided for rights to the people; however these were criticised for
being limited in their scope.

The Constitution of Zimbabwe (1979) did not have a section that clearly deals with values and
principles that guides public administration. It only mentioned that the country should have a
civil service that must staff various public institutions without necessarily outlining the values
and principles that these public officials and institutions need to adhere to. Another critical
omission by the Constitution of Zimbabwe (1979) is that of local government. The supreme
law of the time only mentioned the national and provincial spheres but was surprisingly silent
on the local sphere which is argued to be the one closest to the people. The Constitution of
Zimbabwe (1979) also did not provide for different institutions meant to promote democracy,
perhaps this is because when the Constitution was crafted issues of democracy where not as
pertinent as they are in today’s politics and public administration.

Prospects for Public Administration in Zimbabwe Under the New Constitution

Supremacy of the Constitution

The Zimbabwe Constitution (2013) emphasises the supremacy of the constitution. In section
two the Constitution (2013) categorically states that the Constitution is the supreme law of
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Zimbabwe and is binding on the state and all executive, legislative and judicial institutions and
agencies of government at every level. By implication, actions of both the institutions and
public officials in the Government of Zimbabwe (GoZ) together with all laws and policies
should be guided by the Constitution. The Constitution therefore forms the bedrock on which
governmental actions and decisions are made.

Values and principles promoting good governance

The Constitution (2013) has taken steps to promote good governance. In Section 3.1, the
following founding values and principles are set to promote good governance; (a) supremacy
of the Constitution (b) rule of law (h) good governance. Section 3.2 further states that there are
principles that should bind the State and all institutions and agencies of government at every
level and these include; (e) observance of the principle of separation of powers and (g)
transparency, justice, accountability, justice, accountability and responsiveness.

Good governance is further emphasised in Section 9 which instructs the State to adopt and
implement policies and legislation to develop efficiency, competence, accountability,
transparency, personal integrity and financial probity in all institutions and levels of
government. Appointment of public officials based on merit and the need to eradicate
corruption are given as priorities in the promotion of good governance.

Declaration of rights
Chapter four of the Constitution (2013) deals extensively with the rights and responsibilities
accorded to the people. Rights need to be seriously noted by public officials as they should
guide them in their course of interacting with the public. Section 50 alludes to every person’s
right to dignity both in their private and public life. As public officials deal with the public, it is
important that their actions don not impinge on this right. Section 56 states that every person
has a right to equality and non-discrimination. In 56.3, the Constitution clearly states that every
person has the right not to be treated in an unfairly discriminatory manner on such grounds as
their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class,
religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age,
pregnancy, disability or economic or social status, or whether they were born in or out of
wedlock. It thus becomes imperative that public officials observe this right in the course of
discharging their duties. In addition, the Constitution (2013) implores the State to take
reasonable legislative and other measures to promote the achievement of equality and to
protect or advance people or classes of people who have been disadvantaged by unfair
discrimination.

Section 57 deals with the right to privacy, this is more important to public officials dealing
with sensitive information on matters such as health, officials need to ensure that such
information is treated with confidentiality to avoid infringing the individual’s right to privacy.
In the spirit of promoting transparency and accountability, Section 62 states that every
Zimbabwean citizen or permanent resident, including the Zimbabwean media, has the right of
access to any information held by the State or by any institution or agency of government at
every level. Instruction is given to the State to enact legislation that promotes the right to
information.
Critical to the practice of public administration is a person’s right to administrative justice.
Section 68 states that:
(1) Every person has a right to administrative conduct that is lawful, prompt, efficient,
reasonable, proportionate, impartial and both substantively and procedurally fair;

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(2) Any person whose right, freedom, interest or legitimate expectation has been adversely
affected by administrative conduct has the right to be given promptly and in writing the reasons
for the conduct.

Administrative justice is primarily aimed at protecting the public from arbitrary and
unreasonable actions by public officials in positions of authority. The State is also instructed to
enact legislation that promotes this right. Rights enshrined in the Constitution of a country are
important to observe particularly in public administration. The above cited rights are important
for public officials to observe in the course of practising public administration. Failure to do so
could result in litigation against the State by members of the public whose rights would have
been infringed. The design of the government as provided for by the Constitution (2013)
follows.

The architecture of government

Section 1 begins by stating that Zimbabwe is a unitary state. Like most constitutions in other
nation-states, the Constitution (2013) provides for both the horizontal and vertical dimensions
of government. It must be noted that except for details and the inclusion of local government,
there has not been a major change in the design of government in the 1979 and 2013
constitutions. According to the Constitution (2013), vertically Zimbabwe is structured into
three spheres, namely: national, provincial and local government.

The vertical dimension of the Zimbabwean government

National/ Central government
The national sphere of government consists of ministries and national and is broadly
responsible for national policies that impact on the whole country.

Provincial government
In Section 267 the Constitution of Zimbabwe divides the country into two metropolitan
provinces and eight provinces , namely; (a) Bulawayo Metropolitan Province, (b) Harare
Metropolitan Province, (c) Manicaland, (d) Mashonaland Central,(e) Mashonaland East,(f)
Mashonaland West, (g) Masvingo, (h) Matabeleland North, (i) Matabeleland South and (j)
Midlands. The Constitution of Zimbabwe further provides for the enactment of legislation to
give effect to these boundaries.
The Constitution of Zimbabwe (2013) in Section 270 places the responsibility for the social
and economic development on metropolitan provinces and provinces, these include;
(a) planning and implementing social and economic development activities in its province;
(b) co-ordinating and implementing governmental programmes in its province;
(c) planning and implementing measures for the conservation, improvement and management
of natural resources in its province;
(d) promoting tourism in its province, and developing facilities for that purpose;
(e) monitoring and evaluating the use of resources in its province; and
(f) exercising any other functions, including legislative functions, that may be conferred or
imposed on it by or under an Act of Parliament.

Local government
The Constitution of Zimbabwe (2013) also provides for local government which is divided into
rural and urban authorities. Sections 274 and 275 state that urban and rural authorities are
expected to represent people and manage affairs in their respective localities. In terms of the
general function of local authorities, Section 276 states that a local authority has the right to
govern, on its own initiative, the local affairs of the people within the area for which it has been
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established, and has all the powers necessary for it to do so. Furthermore, local authorities are
empowered by the Constitution of Zimbabwe (2013) to;
(a) a power to make by-laws, regulations or rules for the effective administration of the areas
for which they have been established;
(b) a power to levy rates and taxes and generally to raise sufficient revenue for them to carry
out their objects and responsibilities.
In section 265, the Constitution of Zimbabwe (2013) outlines general principles that should
guide both the provincial and local spheres of government. These principles include general
promotion of good governance through transparency, accountability and honesty of officials in
these spheres of government. In addition, these spheres of government need to always act in a
manner that promotes indivisibility of the Republic as well as ensuring equitable
representation.

The horizontal dimension of the Zimbabwean government

On the horizontal plane, the Constitution of Zimbabwe provides for the three arms of
government namely; the executive, legislature and judiciary. As earlier alluded, the doctrine of
separation of powers is of prime importance as propounded by Charles Louis de Secondat and
Baron de Montesquieeue. According to Botes et al (1992: 13) this is primarily meant to ensure
that power is not concentrated in one individual or institution, rather governmental power
needs to be distributed to allow for checks and balances. The roles of the different arms of the
state are therefore outlined as
 Legislative authorities make laws, but may not implement them or administer justice.
 Executive authorities execute laws, but may not make them or administer justice.
 Judicial authorities apply laws, but may not make them or execute them (Botes et al,
1992: 13).
The Constitution of Zimbabwe (2013) provides for executive authority in Chapter 5. The
executive authority is vested in the President and his or her cabinet. The Constitution of
Zimbabwe (2013) further states that the executive authority, inter alia, is expected to prepare,
initiate and implement national legislation as well as develop and implement national policy.
The Constitution of Zimbabwe (2013) in Chapter 6 provides for the legislature and legislative
authority is vested in parliament and the President as prescribed by the Constitution. The
Constitution of Zimbabwe (2013) further provides for a bicameral parliamentary system which
has the National Assembly and the Senate. Chapter 8 of the same Constitution establishes the
judiciary. Judicial authority in Zimbabwe is vested in the courts which include the following;
(a) the Constitutional Court;
(b) the Supreme Court;
(c) the High Court;
(d) the Labour Court;
(e) the Administrative Court;
(f) the magistrates courts;
(g) the customary law courts; and
(h) other courts established by or under an Act of Parliament
Officials in the judiciary are expected to abide by guiding principles which include integrity of
judges, impartiality and promptness in delivering justice, non-affiliation to political parties and
upholding the rule of law and human rights.

Principles of public administration and leadership

The Constitution of Zimbabwe (2013) in chapter 9 outlines basic values and principles meant
to guide public officials in all spheres of government and other public entities. In general, the
values and principle of public administration are expected to ensure that public administration
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in Zimbabwe promotes economic, efficient and effective use of public resources. Over and
above that public officials are expected to be responsive to the people they are serving. Other
principles and values enshrined in chapter 9 include that;
(a) public administration must be accountable to Parliament and to the people;
(b) institutions and agencies of government at all levels must co-operate with each other;
(c) transparency must be fostered by providing the public with timely, accessible and accurate
information;
Section 196 outlines responsibilities of public officers and principles of leadership, it broadly
guides public officials on how they should exercise authority bestowed on them. Section 196
(1) states that authority assigned to a public officer is a public trust which must be exercised in
a manner which;
(a) is consistent with the purposes and objectives of this Constitution;
(b) demonstrates respect for the people and a willingness to serve them rather than rule them;
and
(c) promotes public confidence in the office held by the public officer.
Furthermore, public officials are expected to conduct themselves, in public and private life, so
as to avoid any conflict between their personal interests and their public or official duties, and
to abstain from any conduct that demeans their office. Issues of honesty, commitment
objectivity and impartiality are highlighted as key for public officials in the course of executing
their duties.

Civil service
Section 199 of the Constitution of Zimbabwe (2013) provides for a single civil service which is
expected to be responsible for the administration of the country. This civil service excludes
members of the security service, judicial officials, parliament staff and any other service as
decided by an Act of parliament. The President is expected to appoint a minister who will be
responsible for this function. Sections 202 and 203 establish a Civil Service Commission and
its functions, which include regulating remuneration in the civil service. It must be noted that a
situation of having a Ministry of Civil Service and a commission has resulted in clashes
between the two in the past.

Institutions supporting democracy

The Constitution of Zimbabwe (2013) in section 12 establishes various institutions that are
meant to support democracy in the country. These commissions include; (a) the Zimbabwe
Electoral Commission, (b) the Zimbabwe Human Rights Commission, (c) the Zimbabwe
Gender Commission, (d) the Zimbabwe Media Commission and (e) the National Peace and
Reconciliation Commission. The interdependent commissions are aimed at achieving the
following;
(a) to support and entrench human rights and democracy;
(b) to protect the sovereignty and interests of the people;
(c) to promote constitutionalism;
(d) to promote transparency and accountability in public institutions;
(e) to secure the observance of democratic values and principles by the State and all institutions
and agencies of government, and government-controlled entities; and
(f) to ensure that injustices are remedied.

Concluding Remarks
The new Constitution has introduced new institutions and guidelines in the running of public
affairs. Whilst the fundamental structure of government in Zimbabwe has not changed owing
to the new Constitution, the manner in which they operate is expected to be different from the
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old order. Although the paper is not exhaustive, it has without doubt shade light on key issues
captured by the Constitution of Zimbabwe (2013). Some of the salient additions include clearly
stated principles and values guiding public administration, the mentioning of the local sphere
of government and the inclusion of institutions meant to enhance democracy. It remains to be
seen how these seemingly good institutions and principles are going to be implemented as the
taste of the pudding is in the eating. Also important to note is the human element in the practice
of public administration. Despite the presence of good laws, how public officials respond to
different situations impact on how government will be viewed by the public.

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