African Union QUESTION 3: To what extent does the Executive respect the rule of law? INDICATORS: i. ii. iii. The responsiveness and accountability of the executive and executive agencies between elections. The extent to which the executive abuses its incumbency for political or economic advantage. The extent to which the executive, in your judgment, adheres to the tenets of constitutional democracy. Objective 2: Upholding the Separation, Checks and Balance of Powers Upholding the separation of powers, including the protection of the independence of the judiciary and the fostering of an autonomous and effective parliament are also critical issues in the governance system. This objective ensures the establishment of a functioning system of separation of powers between the Judiciary, the Legislature and the Executive. The separation of power evaluates the system of checks and balances within the branches of government. An independent Judiciary gives confidence to individuals, groups and corporate entities, that their rights will be protected by the courts. It also helps to foster the kind of enabling environment that can promote economic growth and the reduction of poverty. An independent parliament that is alive to its oversight responsibilities is critical to the successful reduction of corruption and abuse of power by Africa‟s many over-dominant executive presidencies which tend to concentrate power in themselves. QUESTION 1: Does the constitution provide for the separation of powers between the Executive, the Legislative and the Judicial branches of government? INDICATORS: i. Constitutional and legislative provisions or conventions establishing and guaranteeing the separation of powers; ii. The efficacy of mechanisms (if any) to resolve conflicts between the branches of government. QUESTION 2: To what extent is the judiciary independent? INDICATORS: i. ii. iii. iv. v. Whether the constitution or any other legislation provides adequate protections for the independence of the judiciary. Whether the constitution or any other legislation creates an independent organ (e.g. a Judicial Services Commission) tasked with providing oversight over the judiciary – particularly over appointments and promotions, as well as complaints against judges. Whether Judges are appointed, promoted and dismissed in a fair and unbiased manner. Judicial decisions against governmental authorities and/or private concerns obeyed. Instances where judicial decisions awarded against government have not been enforced, or instances in which there were attempted or actual attempts to manipulate the judiciary. 16