Are New Year's Celebrations Now Illegal In Zim

Are New Year’s Celebrations Now Illegal? I had an unpleasant brush with the law on New Year’s Day when my nephew and niece alongside two friends who they had invited for an all night prayer service were arrested by a bunch of over zealous junior police officers . They had just gone out for a breather during the official all night break when we got news just five minutes afterwards that they had been hounded by the police who apparently where on a spree of arresting every other young person or female .These actions were largely unconstitutional ,illegal and an affront if not a calculated assault on civil liberties as enshrined in the supreme law of the land . This is not the first time where law enforcement agents have been caught on the wrong side of the law as last year there were numerous reports of armed policemen beating up and arbitrarily arresting people in places such as Lobengula ,Nkulumane and the city centre . On New Year’s Day they took it a step further by arresting hundreds of innocent people allegedly for loitering . Has it become a crime let alone a sin for one to be seen on streets of Bulawayo on New Year’s Eve . Virtually the whole world breaks into celebrations during this time and in most civilized countries there are impressive fireworks displays with hundreds of thousands of peoples massing the streets in joyous celebration . Not so in Zimbabwe and specifically in Bulawayo were the police decided that it was illegal for people to be seen on the streets of Bulawayo . The police do have a big role to play in maintaining law and order as well as preventing crime .However on New Year’s Eve they took it too far by arresting people that were coming from church services and even others who were not necessarily coming from church but who have a right by virtue of the fact that they are human beings and have a right to join in the merriment of celebrating the New Year without infringing on the rights of others . On this horrendous and harrowing morning or rather night young police officers were moving through the streets of Bulawayo and arresting any and every other person they thought was loitering . For goodness sake there will be normal people on any normal city in any normal country celebrating New Years Day unless a new draconian law in gazetted clearly making New Year’s Celebrations an offence .In the first place the constitution which is the supreme law of land grants Zimbabwean fundamental rights and freedoms which allow they to peacefully and responsibly move freely ,associate freely within the borders of the land .Section 2 of the country’s constitution is abundantly clear in stating that “the constitution is the supreme law of Zimbabwe and any law , practice ,custom or conduct inconsistent with it is invalid “ .Quite clearly the practise of arbitrarily arresting people without even telling them of their crime is at variance with the supreme law of the land and should be condemned by all law abiding citizens . The constitution further protects citizens against such blatant disregard of their rights by entrenching the following freedoms : 1. The right to personal liberty which includes the right not to be detained without trial and not to be deprived of their liberty without just cause [Chapter 4,Section 49 Zimbabwe Constitution] . 2.Rights of arrested and detained persons-this includes the right to be informed of the reason of arrest at the time of arrest ,access to a spouse ,partner or relative . The right to consult a legal practitioner . All arrested persons should be treated humanely and with respect for their inherent dignity . [Section 50,Zimbabwe Constitution]. 3.Right to human dignity[section 51] 4.Freedom form torture or cruel ,Inhuman and degrading treatment[section 53] 5. Freedom of association and assembly[section58]is that loitering ? 6.Freedom of movement[ section 66] I witnessed with my own eyes these constitutional provisions being torn to shreds by overzealous police officers who are inviting unwarranted litigation upon the state and especially the ministry of Home Affairs through this shameful and unconstitutional conduct .I tried in vain to remonstrate with an uninformed uniformed female police officer at Central Police Station that five people had been unlawfully arrested when coming from a church service but i was rudely told to come at eight o ‘ clock the next day . This implied that my young nieces and nephews had to spend a night in jail without eating [ this qualifies as inhuman treatment],when they had not committed a crime and in conditions which were sub human because that evening it rained the whole night and female prisoners had been bunched into a “game park “like fence in the open like wild animals whilst the rain pounded their fair skins . [These conditions were clearly inhuman and degrading ] . Fortunately section 85 of the constitutions gives citizens recourse to justice because it allows citizens whether on their own behalf or on behalf of others to approach the courts in cases where their rights and freedoms have been suppressed [This is a route i will happily take] . Section 243 empowers the Zimbabwe Human Rights Commission to investigate any person alleged to have infringed on any human right or freedom ,to secure redress and even recommend the prosecution of offenders ,where human rights or freedoms have been violated ] .The role of the security services including the police is to uphold the law and the constitution which includes fundamental rights and freedoms [section 206] .The police should therefore not violate the very constitution which they should uphold and guard jealously . By undermining fundamental rights and freedoms they are undermining the constitution and by undermining the constitution they are compromising the “territorial integrity and sovereignty of the nation “ which they are supposed t protect . These human rights abuses should be immediately investigated and the individual perpetrators brought to book . I will continue with part two of the instalment next week . Views and opinions from the public are welcome . Mayibuye !

MAKE THE CONSTITUTION A REALITY

Making The Constitution A Reality-Prioritize Levels of Government By Dumisani Nkomo The new constitution brings with it numerous challenges to the legislative arm of government chief of which will be the imperative of aligning at least 200 laws with the new charter .New constitutional structures and institutions also have to be put in place in reflecting the new constitutional realities whilst the government has to ensure that mechanisms are in place to simplify ,translate and disseminate the new constitution .This process will not take a long time and I predict that it could take up to four years for all these structures ,laws ,processes ,institutions and mechanisms to be fully operational and by that time the country will be gearing for fresh elections .I would strongly advise the government that this year they have to identify the key constitutional priorities and move with speed to ensure that foundational governance and institutional issues are addressed this year so that the country does not find itself in a constitutional crisis with citizens taking various issues to the constitutional court challenging the constitutionality of various processes ,structures and laws .I would like to argue that this realignment should place a premium or priority on actualizing the different tiers o government namely central government ,provincial and metropolitan councils and local authorities . RE ALIGNMENT At least 200 laws need to be re aligned with the new constitution and this in itself bears numerous challenges for parliament as well as the executive which traditionally has driven the legislative process with parliament debating and endorsing the legislative agenda set by parliament .Former COPAC chairpersons Munyaradzi Paul Mangwana and Edward Mkosi were quoted in the media postulating that up to 280 laws needed to be realigned with the new constitution .Most of these constitutional imperatives will result in official constipation given the magnitude of work that needs to be done .It would then be critical for the government to prioritize legislation which needs to be put in place or realigned .An example that cannot be ignored is that of the three tiers of government which are espoused in Chapter 1[ section 6] ,Chapter 14 and 17 of the new constitution. These tiers of government need to be given full legal ,statutory and administrative effect or this will result in paralysis of government functions and efficacy .The new constitution broadly envisages the setting up of three tiers of government namely national government ,provincial and metropolitan councils and local governments and leaves the actualization of these structures to an act of parliament .It is expected that such a law would fully outline the functions ,powers and parameters of the various stratas of government especially the provincial and metropolitan councils which are a new entity and phenomenon . Local government legislation namely the Urban Councils Act ,the Rural District Councils Act as well as the Traditional Leaders Act will need to be urgently revisited so that there is efficacy ,efficiency and effectiveness in service delivery ,local governance and development .The Traditional Leaders Act for example creates [in theory anyway] Village Development Committees ,Village assemblies ,Ward Development Commitees ,Ward Assemblies and District Development Committees all of which are supposed to develop annual development plans .There is no link whatsoever with provincial and metropolitan planning and implementation processes in order to ensure that the concept of bottom up decision making development is effected .There is thus a need for all these laws to be aligned to the new constitutional realities reflected in chapter 14 of the new constitution . Clearly the new constitution states that “an act of parliament must provide appropriate mechanisms and procedures to facilitate co ordination between central government ,provincial and metropolitan councils and local authorities [section 265]. The constitution also envisages the creation of a secretariat or “civil service “of sorts for provincial governments and leaves the conduct o employees of local and provincial councils to an act of parliament .Specifically the political neutrality of such employees is specifically stated [section266] but the nuts and bolts are left to an act of parliament . Legislative functions of provincial and metropolitan councils are left to an act of parliament and so are other broader administrative functions of provincial and metropolitan councils .Chapter 17 of the constitution which focuses on public finance also speaks to the desirability of an act of parliament to determine allocation of resources between the three tiers of government . I would like to implore the government to ensure that the Provincial and Metropolitan Councils Act is swiftly put in place so as to avoid duplication ,confusion ,chaos and disorder in the manner in which the three tiers of government relate to each other and citizens .This is in the best interests of Zimbabwe as the government consists of these three tiers and if one or some of these levels or tiers is not functional government itself will ail to function effectively

PROVINCIAL COUNCILS SHOULD HAVE REAL POWER

Devolution Series- Metropolitan and Provincial Councils Must Have Real Power In my last argument I argued that the government should prioritize the enactment of an enabling act to actualize the concept of devolution of power .This will be a tall order seeing that the legislature is burdened with hundreds of pieces of legislation that need to be aligned to the new constitution .In this installment I would like to argue that the concept of devolution of power will not work if the enabling act does not give provincial and metropolitan councils teeth to operate in a devolved dispensation .The same goes to the third tier o government namely local government which is as an indispensable sphere of governance . New Bill Imperative It is absolutely imperative for the Provincial Councils and Metropolitan Act to be enacted this year otherwise the whole concept of devolution will remain a political and constitutional mirage .According to the new constitution [section 273] the act should address amongst other things the following imperatives : 1.The procedures of metropolitan and provincial councils . 2.The functions of chairpersons of provincial and metropolitan councils .This is critical in view of President Mugabe’s appointment of 10 provincial affairs ministers possibly resulting in duplication of functions and roles at best and at worst total unmitigated organized confusion . 3.The conditions of service of members of metropolitan and provincial councils . 4.The appointment and removal of employees of provincial and metropolitan councils . Importantly section 270 of the constitution articulates the desirability of an act of parliament which shall provide for the manner in which provincial and metropolitan councils carry out their functions .Critically the constitution also states that the provincial councils are accountable to the residents of their respective provinces and the new act should clearly define accountability parameters for these councils so that they remain accountable first and foremost to the people that they serve and not their political parties . Functions of Provincial and Metropolitan Councils For the benefit of doubt there shall be two metropolitan councils namely Bulawayo and Harare both headed by the respective mayors of the two cities and eight provincial councils .Provincial councils according to the new constitution are supposed to consist of all members of the house of assembly for the province ,senators from the province ,the two senator chiefs,10 people elected by a system of proportional representation, the mayors and chairpersons of all rural or urban councils in that area . Metropolitan and provincial Councils should have the following functions which should be clearly stated in the enabling act of parliament : 1.Administrative and coordinative functions 2.Legislative and decision making functions 3.Executive functions According to the constitution the metropolitan and provincial councils are responsible for the socio economic development of their respective provinces which in reality translates to a broader agenda of formulating provincial level legislation which should enable people to manage their own resources ,ensure equitable distribution of resources and transfer of responsibilities from national government in order to establish a sound financial base [section 264] .In order for all these things to happen Provincial and metropolitan councils should have legislative power to express this reality .The new act should thus make this a practical reality by removing this responsibility from central government line ministries and placing it on the new metropolitan and provincial structures . The new act should not just align these new structures to old line ministries but devolve power to the provincial councils .It would be pointless if the councils became mere cosmetic or decorative extensions of line ministries . Secretariat Contrary to popular belief bureaucrats more often than not are the people who carry out the business of government and at times literally run government whilst since politicians mainly play legislative functions .Without effective and mobile provincial and metropolitan secretariat structures the whole concept of devolution will collapse because it is at this level that decisions are made and the wheels of developmental governance begin to work .This may be complicated because there are already existing provincial structures and offices such as the office of the Provincial administrator so it remains to be seen whether these will be incorporated into the new order or gradually replaced because sudden changes may result in shock instead of shock therapy . Come what may the bill on Provincial and Metropolitan Councils must address the issue of transferring responsibilities and resources from national government to the provinces and local authorities as eloquently stated in section 264 [2]paragraph of the new constitution . The Provincial Councils Bill will be the legs and arms of devolution of power without which power will not go to the people . Mayibuye !

UNITE AND STOP THE MADNESS

Zimbabwean Politics At Crossroads- Stop The Madness and Unite By Dumisani Nkomo The Zimbabwean political landscape in the post 2013 era or is it error resembles something of a jungle with political parties being formed every other day in boardrooms and bedrooms whilst existing political parties seem t be caught up in endless factionalism and leadership wrangles .Lovemore Madhuku has transformed the National Constitutional assembly into a fully fledged party and it remains to be seen what will become of his party .But the madness must end and people need to wise up and forge a united front if they are serious about mounting a serious challenge for the 2018 elections MD.C.-T The M.D.C –T on paper appears to offer the strongest resistance to ZANU P.F if we are to base this on its electoral performance in the country’s last two plebiscites .Admittedly M.D.C –T like all the other opposition parties has emerged weaker after last year’s elections .This has been amplified in the third tier of government namely local government where M.D.C –T has found itself the threshold of mass confusion in at least four local authorities which it should easily have controlled .In Gweru the party’s preferred candidate lost out and the incumbent mayor ,a son to the city’s first mayor the late Patrick Kombayi has refused to step down .In Victoria Falls there were accusations that some councilors were bribed by ZANU P.F as a councilor from the former liberation party won in spite on the M.D.C. T ‘s dominance of local authority seats .There were similarly alarming reports from Mutare as well as evidence of internal strife mounted .Whether or not state security agents had a hand in this fracas is another matter altogether but then the opposition needs to be on its guard against infiltration and opportunism at all times .The scramble for the party’s presidency seems to be gaining currency with the likes of Engineer Mudzuri openly declaring their ambitions or the big one .One would argue though that there is nothing wrong with this as this is a sign of democracy .The Morgan Tsvangirai brand seems to have taken a serious knocking and the party has to seriously consider whether it will continue with the present leadership and strategy if it is to mount a serious challenge to ZANU P.F and dislodge it from power .The M.D.C T appears to have the greatest potential of unseating ZANU P.F but Zimbabwean politics has changed so much that the party might find itself being irrelevant if it does not re brand ,restructure and re strategize .The party suffers from poor leadership a deficit o democratic credentials, ideological bankrupsy and lack of strategy .If it deals with these issues it stands a good chance in the next elections M.D.C The M.D C was severely affected by the 2013 results as the party failed to garner a single elected seat .This itself has undermined public confidence in the party and this has been accentuated by a spate of mass dismissals ,defections and resignations from the party .This is spite of the fact that at an individual level the party boasts of talented and experienced politicians .They have failed to turn this into and advantage and if the party continues in its silent or discreet mode I could fade into total political oblivion .It is also surprising that the party is now so silent about its devolution agenda which it fought so hard or together with their colleagues from the M.D.C –T .The M.DC led by Professor Ncube paid the ultimate price for arrogance in ignoring appeals for an electoral pact with the M.D.C –T and other parties even though they did go into an alliance with ZAPU .The M.D.C needs to consider a new name ,new leadership and strategy and re engaging the MD.C –T because it is quite clear that the two M.D.C formations are too weak to mount a challenge in the next elections due to voter fatigue , possible rigging and the advantages of incumbency which ZANU P.F has ZAPU My biggest fear with ZAPU is the fact that some in its ranks may be considering rejoining ZANU P.F .This may be fatal mistake which may eternally blight the image and credibility of the party .They should not even consider rejoining with ZANU P.F under any circumstances otherwise they would be taking people on a merry go round .This party needs to merge with Ncube’s M.DC and or realistically with M.D.C –T If it is to entertain any chance of gathering anything in the next elections . The electoral behavior o Zimbabweans is such that they don’t cote for quality candidates quantity mass politics with people preferring a political party which shows capacity either to remain in power or to dislodge the incumbents from power .This may be wrong logically but politically this is the reality . In conclusion I would like to urge all these political parties to form one political party if they are serious at all about mounting a serious challenge for the next elections .Voter fatigue because of lack of confidence in the electoral system will not help matters at all and the “ZANU P.F rigged “mantra will also cause more apathy as people will not participate in an a process which they feel is predermined .If these political parties fail to swallow their pride for the sake of the country they should be removed wholesale from positions of leadership .Selfishness and complacency cost them in the last elections and selfishness will cost them again . Mayibuye

Z.B.C BOSS GETS MORE THAN OBAMA

Z.B.C BOSS EARNS MORE THAN OBAMA and ZUMA The recent shocking disclosures about the salaries of former Z.B.C C.E.O and the head of the Premier Service Medical Aid Society bring to the fore the need for adherence to sound corporate governance frameworks including public disclosure . It is interesting to note that the salaries of Cuthbert Dube and the Z.B.C boss exceed the salaries of the United States of America President , Barack Obama ,British Prime Minister David Cameron and South Africa President Jacob Zuma .The suspended Z.B.C boss was reported to be earning in the region of U.S 40,000 a month whilst Cuthbert Dube around U.S 230,000 a month .President Obama of America whose currency we are using to pay public fat cats earns U.S400,000 per annum whilst Jacob Zuma earns in the region of U.S260,000 per year which is lower than what the Z.B.C boss earns .The Prime Minister of our erstwhile former colonizers David Cameron gets an annual salary of pound1,8 million pounds or around 12,083 Pounds per month which is well below what the C.MAS and Z.B. C boss are getting . Comparatively If we compare what the Z.B.C C.E.O is earning and what his counterparts in other parts of the world are getting the results are quite alarming .The B.B.C Executive director for Scotland gets in the region of U.S 185,000 pounds which translates to less than 15,000 pound per year per year .The Northern Ireland B.B.C director earns around 145,000 pounds per annum and oversees around 600 staff members .Moreover the B.B..C has an annual turnover of around 150 million pounds .It can be then argued that they are paying what they can afford whilst the same cannot be said of their Zimbabwean counterpart who heads the Z.B.C which has reportedly been making losses for countless years but can still afford to overpay its C.E.O and underpay the rest of the workers .That the Z.B.C boss is actually earning more than his counterparts in the United Kingdom is shocking and such evidence demands not just an explanation but an overhaul of public service institutions . The salary of the Z.B.C C.E.O is equivalent to paying 40 Z.B.C workers at U.S 1,000 per month whilst monthly salary bill of PSMAS top executives [around I million dollars ] can complete five well equipped clinics or purchase a full complement of dialysis machines or pay at l0 senior doctors 100,000 each per month . It is a monumental moral scandal of gigantic proportions that the beneficiaries of medical aid schemes especially civil servants and more specifically the 700,000 members of PSMAS have struggled to access medical aid benefits whilst top executives continue to roll on the lap of luxury . In contrast to the B.B.C ,the Z.B.C has continued to be a loss making entity in spite of having a monopoly over broadcasting especially television for over a third of a century . This is not about individuals such as Cuthbert Dube but more about systems of corporate governance or the lack thereof ,public accountability ,financial probity and stewardship over scarce public funds .One wonders what happened to the corporate governance framework which was put in place by the former minister of Parastatals Gorden Moyo which proposed salary cuts for state enterprises executives .Heather Brookes in her book The Silent State [an exposition of state excesses in the British Public Sector]argues that examples of good public administration include “full disclosure /clear statement of costs, detailed line budgets and transparent budgets.”It is the duty of boards of public enterprises and institutions to ensure that the budgets of their enterprises do not legitimize obscene salaries and unjustifiable budgetary allocations at the expense of service delivery whilst line ministries should ensure that appropriate corporate good governance systems are in place reflecting the principles of good corporate governance as outlined in section 194 of the constitution .This includes “efficient and economical use of resources “[Section 194,1 b and section 195 of the constitution which speaks to the imperative of state controlled entities conforming to standard of corporate governance .On our part as ordinary citizens we have a right to know how resources that are collected from us through taxes ,contributions and rates are used . We have a right to know !

GANGSTERS IN SUITS

Thief Executives and Gangsters In Suits By Dumisani O. Nkomo I would like to awaken our nation to the tragic reality that the people who pose the greatest danger to us are not armed robbers with A.K 47’S or gangsters that break into people’s houses and steal house hold property .Whilst these criminals pose a present danger to our personal security and that of our property there are people who siphon millions of dollars through “legal” mechanisms of wealth allocation masquerading as salaries whilst others loot millions of dollars through bribes and other forms of corruption . It is shocking that a person who was accused by the State President of soliciting for a U.S6 million dollar bribe is still free and walking the streets of Harare and yet petty thieves who steal amounts such as twenty dollars or packets or sugar and mealie meal are dealt with swiftly ,ruthlessly and clinically .The problem of Africa if not so much petty thieves and violent street gangs that steal thousands of dollars but rather “gangsters in suits “who loot millions of dollars that could have otherwise been used in ensuring sound service delivery and development .These gangsters in suits loot millions which has an effect of hundreds of thousands of people who are meant to benefit from public funds . Thief Executives It is understandable that in order to retain the best brains the country has to offer attractive salaries but the “Salary Gate”fiasco “has opened our eyes to the following : 1.There are people who are earning more than their colleagues from developed countries with advanced and more developed economies . 2.Parastatals are chewing more than they can swallow in terms of the salaries of their top executives many of whom are /were earning between U.S 30,000 to 230 ,000 even though most of these state owned entities were running at incredible losses .Surely the salaries of the top executives must be based on the financial performance of their companies and not on the caprices and whims of fat cats rolling on the lap of luxury whilst the rest of the populace grovels in grinding poverty . 3.Lower end workers are made to sacrifice when proportionally they earn less than the top executives of state enterprises . The ZANU government cannot claim not to have known about the obscene salaries of executives at state enterprises as this would be reflective of the highest level of official negligence and gross incompetence .The problem is much bigger and the problem is the fact that Zimbabwe has become a Kleptocracy[rule by thieves[ were corruption has become an institution and people who spend their whole lives toiling at work earn little or nothing but those who are part of the ruling elite benefit from the endless pit of patronage . It is a fact that there is corruption at every level and the highest levels as evidenced by the fact that even policeman openly solicit for bribes but their level of corruption is only a symptom of the systematic looting that happens in very high and connected offices .How can we account for example for shortfalls in diamond revenue which former finance minister Tendai Biti and more recently Minister Patrick Chinamasa lamented about .We are no longer talking about democracy but kleptocracy with those who have access to power be in from ZANU P.F or the opposition but more from the former looting resources with impunity .Institutions such as the Zimbabwe Anti Corruption Commission can do very little currently because the commission is not fully constituted and it has inadequate funding .Other institutions such as the National prosecuting Authority and the Police have a role in curtailing corruption but the biggest challenge is that corruption is now an institution and an embedded culture .To ask some of these institutions to deal with corruption is like asking a lion to look after a goat and protect it from foxes .The lion will definitely keep the foxes away but it will also most definitely eat the goat as well . Let us find a way of dealing with gangsters in suits who are protected by latter day “god fathers” disguised as boards .It is sad that even the minister of local Government Minister Honourable Ignatius Chombo is protecting the Harare Town clerk instead of emulating his counterpart Professor Jonathan Moyo who immediately suspended the Z.B.C C.E.O. Whether this is part of ZANU P.F factional politics is another thing but definitely it brings to the fore the magnitude of official corruption by gangsters in suits .”Sesikhathele ngamasela “[ we are tired of thieves] in suits and offices .This has nothing to do with sanctions or the west these are our own people in our own country displaying distorted priorities and on many occasions blatant corruption as well . MAYIBUYE !

New Constitution Provides For Service Delivery

Constitution Embraces Sound Leadership and Service Delivery By Dumisani Nkomo The issue of good service delivery ,sound public administration and leadership is no longer a matter of academic debate because these principles are now embedded in the new constitution .It is thus very important to bring to life these constitutional principles and make them a reality in the governance of public institutions ,local authorities and government departments . The public has for a very long time been subjected to sub standard service delivery as well as bad treatment from public officials .Many government institutions and agencies have become citadels of inefficiency ,indolence and corruption .However the new constitution deals with all these issues right from the founding provisions which articulate the imperative of good governance in state agencies and institutions and in particular “transparency ,justice ,accountability “ . Public institutions exists to serve the public but many have become personal fiefdoms and cash cows existing to be perpetually milked by “thief executive officers” and public maladministrators who treat the public as groveling ingrates unworthy of quality service .The founding principles of the constitution thus place a bar of excellence by demanding “justice, transparency ,accountability and responsiveness” as a “must do” and” must have” for public institutions .We thus have to ask ourselves whether our service providers such as ZESA and ZINWA amongst a host of others and including local authorities are responsive ,accountable or transparent in their undertakings and delivery of services .What about the passport office or N.SSSA are these institutions responsive to the needs of the public and how accountable are they to the people they claim to serve? .More often than not they are quick to demand payments through rates ,tariffs and other utility fees but on the supply side they fail to deliver . Chapter 9 section 194 of the new constitution provides a reasonable framework to regulate good corporate governance ,sound service delivery ,public administration and leadership .Quite clearly the constitution states that all public institutions ,offices and government controlled entities should strive to adhere to minimum standards of good corporate governance and responsible leadership including the following : 1.High standards of professionalism and ethics 2.Efficient and economical use of resources . 3.Public administration must be development oriented . 4.Services must be provided impartially ,fairly ,equitably and without bias . 5.People’s needs must be responded to within a reasonable time . 6.Public administration must be accountable to the people 7.Tranperancy must be fostered by providing the public with timely and accessible information . The public should measure the efficacy and effectiveness of public institutions against these constitutional parameters which provide a sound framework for state- citizen relations and an efficient supply and demand matrix in which service provider or public institution is responsive to the demands of the citizens[who demands the service] . Public Enterprises Public enterprises many of whom have been in the media for all the wrong reasons have been an example of how not to run public institutions .The constitution in section 195 provides some principles of how these institutions should operate in order to ensure commercial viability and to abide by good corporate governance practice .These principles include a transperant procurement processes [.This will help us to eliminate tenderpreuners ] . I was especially thrilled to note that the new constitution regulates the conduct of public leaders and administrators going to the extent of extolling them to ”demonstrate respect for the people and a readiness to serve them rather than rule them “. The constitution then provides room for the enactment for legislation which will ensure that public institutions adhere to good corporate governance including a code of ethic for public officials compelling them to among other things declare their assets .Parliament has to push this law through as a matter of the utmost urgency .