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DESIGNING LAWS FOR GOOD GOVERNANCE
The National and Provincial Parliaments legislations can only be drafted in a manner encouraging leaders to behave
in the teachings of good governance. Good Governance affects all areas of leadership, development and the
community. One instrument to achieve good governance is designing and drafting laws that promote it. The Abuse
of Discretion. The Lack of Accountability. The lack of transparency. These are the very common factors that
discourage good governance.
Abuse of discretion can be eliminated through these measures.
Grant enough discretion to the leader/official to govern and at the same time ensure that officials use their
discretion only in the public interest. This can be done by :
1. Controlling discretion of the official by specifying the kinds of decisions the official may allow making,
2. The considerations the official may take into account and,
3. The procedures the official must use in deciding.
A discretion can be controlled by limiting factors decision
maker must consider.
a. Specify who may supply inputs.
b. Specify the kinds of inputs the decision maker may admit into evidence.
c. Require written reasons for decision.
d. Specify the kinds of consideration an official take into account in the conversion process.
Lack of accountability can be addressed by:
1. Requiring maximum feasible participation of stake holders input and feedback processes in agency’s
decision making
in the teachings of good governance. Good Governance affects all areas of leadership, development and the
community. One instrument to achieve good governance is designing and drafting laws that promote it. The Abuse
of Discretion. The Lack of Accountability. The lack of transparency. These are the very common factors that
discourage good governance.
Abuse of discretion can be eliminated through these measures.
Grant enough discretion to the leader/official to govern and at the same time ensure that officials use their
discretion only in the public interest. This can be done by :
1. Controlling discretion of the official by specifying the kinds of decisions the official may allow making,
2. The considerations the official may take into account and,
3. The procedures the official must use in deciding.
A discretion can be controlled by limiting factors decision
maker must consider.
a. Specify who may supply inputs.
b. Specify the kinds of inputs the decision maker may admit into evidence.
c. Require written reasons for decision.
d. Specify the kinds of consideration an official take into account in the conversion process.
Lack of accountability can be addressed by:
1. Requiring maximum feasible participation of stake holders input and feedback processes in agency’s
decision making
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