Are the current Zambian constitutional provisions sufficient in preventing abuse of power by the executive organ of government?

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dc.contributor.advisorCorder, Hughen_ZA
dc.contributor.authorDaka, Fridah Malindimaen_ZA
dc.date.accessioned2015-11-21T09:39:34Z
dc.date.available2015-11-21T09:39:34Z
dc.date.issued2015en_ZA
dc.description.abstractThis paper discusses reasons why democratic governance cannot be attained by the Zambian government without deliberate commitment to the maintenance of values and principles of democracy, good governance and the rule of law. Zambia prides itself to be a democratic and peaceful country. However, accountability, openness and responsiveness to the needs of citizens has been a challenge despite this great record, which has come as a result of free, fair and peaceful elections recorded consecutively since Zambia became a multi-party democracy. The partial fusion of the Executive and Legislative organs of government ably qualified by provisions of the current Constitution, makes it difficult to hold government accountable by the governed. Consequently, presidential appointment of Cabinet Ministers from Parliament equally weakens legislative ability of checking and balancing powers of the Executive. Moreover, appointment of judges by the President is another factor that punches holes in judicial independence and injures the last line of defence. It is as such imperative that the colossal presidential powers are reduced to allow a flourishing democratic society. In the view that the current Constitution does not have adequate provisions to prevent abuse of power by the Executive; this thesis has made recommendations for the Constitution to be amended to provide effective ways of balancing power between the three arms of government. This will inevitably create an environment of mutual accountability in government and construct a platform where the electorate could question irregular administrative actions.en_ZA
dc.identifier.apacitationDaka, F. M. (2015). <i>Are the current Zambian constitutional provisions sufficient in preventing abuse of power by the executive organ of government?</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/15210en_ZA
dc.identifier.chicagocitationDaka, Fridah Malindima. <i>"Are the current Zambian constitutional provisions sufficient in preventing abuse of power by the executive organ of government?."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2015. http://hdl.handle.net/11427/15210en_ZA
dc.identifier.citationDaka, F. 2015. Are the current Zambian constitutional provisions sufficient in preventing abuse of power by the executive organ of government?. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Daka, Fridah Malindima AB - This paper discusses reasons why democratic governance cannot be attained by the Zambian government without deliberate commitment to the maintenance of values and principles of democracy, good governance and the rule of law. Zambia prides itself to be a democratic and peaceful country. However, accountability, openness and responsiveness to the needs of citizens has been a challenge despite this great record, which has come as a result of free, fair and peaceful elections recorded consecutively since Zambia became a multi-party democracy. The partial fusion of the Executive and Legislative organs of government ably qualified by provisions of the current Constitution, makes it difficult to hold government accountable by the governed. Consequently, presidential appointment of Cabinet Ministers from Parliament equally weakens legislative ability of checking and balancing powers of the Executive. Moreover, appointment of judges by the President is another factor that punches holes in judicial independence and injures the last line of defence. It is as such imperative that the colossal presidential powers are reduced to allow a flourishing democratic society. In the view that the current Constitution does not have adequate provisions to prevent abuse of power by the Executive; this thesis has made recommendations for the Constitution to be amended to provide effective ways of balancing power between the three arms of government. This will inevitably create an environment of mutual accountability in government and construct a platform where the electorate could question irregular administrative actions. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Are the current Zambian constitutional provisions sufficient in preventing abuse of power by the executive organ of government? TI - Are the current Zambian constitutional provisions sufficient in preventing abuse of power by the executive organ of government? UR - http://hdl.handle.net/11427/15210 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/15210
dc.identifier.vancouvercitationDaka FM. Are the current Zambian constitutional provisions sufficient in preventing abuse of power by the executive organ of government?. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/15210en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherConstitutional and Administrative Lawen_ZA
dc.titleAre the current Zambian constitutional provisions sufficient in preventing abuse of power by the executive organ of government?en_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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