GOOD GOVERNANCE: DEFINITION AND IMPLICATIONS

GOOD GOVERNANCE: DEFINITION AND
IMPLICATIONS

By Dr Palamagamba John Kabudi, Faculty of Law, University of Dar es Salaam


Good governance as a concept has steadily entrenched itself in the political and
development discourse. It has permeated all sectors and become part of the
common shared principles and virtues of different countries in the world. It has
attained universality as an indicator of adherence to democracy and rule of law.
There is a danger, however, that good governance has become a catchword and that
few bother to consider its implications. Good governance is given a broad definition
that encompasses an array of issues in the sociopolitical and economic order of a
country.


The United Nations Committee for Development Planning in its report issued in 1992
entitled “Poverty Alleviation and Sustainable Development: Goals in Conflict?”
identified the following as being part of the attributes of good governance:


1. Territorial and ethno-cultural representation, mechanisms for conflict resolution
and for peaceful regime change and institutional renewal;


2. Checks on executive power, effective and informed legislatures, clear lines of
accountability from political leaders down through the bureaucracy;


3. An open political system of law which encourages an active and vigilant civil
society whose interests are represented within accountable government
structures and which ensures that public offices are based on law and consent;


4. An impartial system of law, criminal justice and public order which upholds
fundamental civil and political rights, protects personal security and provides a
context of consistent, transparent rules for transactions that are necessary to
modern economic and social development;


5. A professionally competent, capable and honest public service which operates
within an accountable, rule governed framework and in which the principles of
merit and the public interest are paramount;


6. The capacity to undertake sound fiscal planning, expenditure and economic
management and system of financial accountability and evaluation of publicsector
activities;


7. Attention not only to central government institutions and processes but also to
the attributes and capacities of sub-national and local government authorities and
to the issues of political devolution and administrative decentralisation.


It encompasses a broad agenda that includes effective government policies and
administration, respect for the rule of law, protection of human rights and an
effective civil society. However, it is imperative to point out that it is not confined
only to political and social issues but also includes proper management of the
economy as well as transparency and fair competition in business. In this broad
definition of good governance sustainable development, especially in relation the
utilization of natural resources and environmental management, is also part of it.
Good governance, to be effective and sustainable, must be anchored in a vigorous
working democracy which respects the rule of law, a free press, energetic civil
society organizations and effective and independent public bodies such as the
Commission for Human Rights and Good Governance, Prevention of Corruption
Bureau and the Fair Trade Commission. The Commission is important in ensuring the
promotion and protection of human rights, but also in ensuring both transparency
and accountability on the part of the government. Good governance requires
transparency and efficiency also in different government agencies.


At the political level democratic practices, including transparency in policy making
and administration, are important aspects of good governance. This is signified by a
pluralistic political system that allows the existence of diversity in political and
ideological opinions. No wonder that good governance is said to be more easily
achieved and guaranteed in a multi-party system than in a mono-party system. It
also means the holding of regular elections applying the principle of universal
franchise. In order to qualify as democratic, elections must be free and fair.
Good governance deals with the nature and limits of state power. The doctrine of the
separation of powers is therefore relevant in the establishment of whether or not a
country has a political system that is responsive to good governance. The doctrine of
the separation of powers is based on the acceptance that there are three main
categories of government functions: legislative, executive, and judicial.


Corresponding to these are the three main organs of government in a state - the
Legislature, the Executive and the Judiciary. The doctrine insists that these three
powers and functions of government in a free democracy must be kept separate and
exercised by separate organs of the state.


Today the doctrine should be taken to mean checks and balances based on a
constitutional scheme. What is important today is not the separation of powers
strictu sensu, but checks and balances. It is one of the functions of the Parliament to
check the Executive. This is done by various means, including the authorisation of
the budget, the scrutiny of government expenditure and the questioning of the
government in parliament to account for its actions. It is the duty of the Judiciary to
protect the constitution by seeing to it that the laws of the country are not contrary
to the constitution. The Judiciary stands between the citizens and the state as a
balance against executive excesses or abuse of power, the transgression of
constitutional or legal limitations by the Executive as well as the Legislature. This is
why the Judiciary, as the custodian of the constitution, is empowered to declare an
Act of Parliament as unconstitutional and therefore null and void. It also has the
power of finding government action to be an infringement of the constitution. This
has been brought about by the incorporation of fundamental freedoms and rights of
the individual popularly known as the Bill of Rights in the constitution. This has
resulted in the Constitution being supreme to the extent that powers of the judiciary
extends to examining the validity of even an amendment to the constitution as it has
been repeatedly held that no constitutional amendment can be sustained which
violates the basic structure of the Constitution. The structure of the constitution
includes separation of powers.


Another equally important part of good governance is the promotion and protection
of human rights. For this to be effective the rights and freedoms must be enshrined
in the Constitution. This covers political and civil rights and they range from the right
to life to freedom of expression. The courts of law should be independent to be able
to enforce the rights of the individual vis-à-vis the state. The establishment of the
Human Rights Commission is commendable and long overdue. However, there is a
need to seize the opportunity, despite the inherent problems resulting from the
Constitution and the Act, to advance further the protection and promotion of human
rights in Tanzania.


Currently the issue of good governance is widely regarded as one of the key
ingredients for poverty reduction and sustainable development. It can be achieved in
an enabling economic environment responsive to the basic needs of the people. It
requires sound economic management and the sustainable use of resources as well
as the promotion of economic and social rights