Zimbabwe 2013 Constitution (reviewed 2017)

CHAPTER 9. PRINCIPLES OF PUBLIC ADMINISTRATION AND LEADERSHIP

194. Basic values and principles governing public administration

1. Public administration in all tiers of government, including institutions and agencies of the State, and government-controlled entities and other public enterprises, must be governed by the democratic values and principles enshrined in this Constitution, including the following principles–
   1. a high standard of professional ethics must be promoted and maintained;
   2. efficient and economical use of resources must be promoted;
   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, and the public must be encouraged to participate in policy-making;
   6. public administration must be accountable to Parliament and to the people;
   7. institutions and agencies of government at all levels must co-operate with each other;
   8. transparency must be fostered by providing the public with timely, accessible and accurate information;
   9. good human-resource management and career-development practices, to maximise human potential, must be cultivated;
   10. public administration must be broadly representative of the diverse communities of Zimbabwe;
   11. employment, training and advancement practices must be based on merit, ability, objectivity, fairness, the equality of men and women and the inclusion of persons with disabilities;

   and the State must take measures, including legislative measures, to promote these values and principles.

2. Appointments to offices in all tiers of government, including government institutions and agencies and government-controlled entities and other public enterprises, must be made primarily on the basis of merit.

195. State-controlled commercial entities

1. Companies and other commercial entities owned or wholly controlled by the State must, in addition to complying with the principles set out in section 194(1), conduct their operations so as to maintain commercial viability and abide by generally accepted standards of good corporate governance.
2. Companies and other commercial entities referred to in subsection (1) must establish transparent, open and competitive procurement systems.

196. Responsibilities of public officers and principles of leadership

1. Authority assigned to a public officer is a public trust which must be exercised in a manner which–
   1. is consistent with the purposes and objectives of this Constitution;
   2. demonstrates respect for the people and a readiness to serve them rather than rule them; and
   3. promotes public confidence in the office held by the public officer.
2. Public officers must 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.
3. Public officers in leadership positions must abide by the following principles of leadership–
   1. objectivity and impartiality in decision making;
   2. honesty in the execution of public duties;
   3. accountability to the public for decisions and actions; and
   4. discipline and commitment in the service of the people.

197. Terms of office of heads of government-controlled entities

An Act of Parliament may limit the terms of office of chief executive officers or heads of government-controlled entities and other commercial entities and public enterprises owned or wholly controlled by the State.

198. Legislation to enforce Chapter 9

An Act of Parliament must provide measures to enforce the provisions of this Chapter, including measures–

1. requiring public officers to make regular disclosures of their assets;
2. establishing codes of conduct to be observed by public officers;
3. specifying the standards of good corporate governance to be observed by government-controlled entities and other commercial entities owned or wholly controlled by the State;
4. providing for the disciplining of persons who contravene the provisions of this Chapter or of any code of conduct or standard referred to in paragraph (b).