ANB-BIA SUPPLEMENT

ISSUE/EDITION Nr 327 - 01/07/1997

CONTENTS | ANB-BIA HOMEPAGE

Africa

Tinkering with the Constitution

by Mwange Kauseni, Botswana, 5 June 1997

THEME = POLITICS

INTRODUCTION

Most countries worldwide, are proud of the durability and inviolability of their Constitutions.
Such is not the case in many African countries

"Tinkering" with the Constitution has become so common among African politicians, that now it appears to be the normal thing to do. Recent examples include Nigeria, Liberia, Burundi, Sudan, Sierra Leone, Congo (RD) and now Namibia. There seems to be an obsession to stay in power, as was the case of Malawi's erstwhile dictator, Hastings Banda, who remained so long as president that he could no longer control his faculties and started to fall over in public! Tinpot dictators seem to delight in either doctoring the Constitution or suspending it, so as to remain on. The sad thing is, the West seems to prefer this way of acting rather than a military coup d'etat.

Few of Africa's citizens know anything about the Constitutions of their respective countries, and how these Constitutions ought to be used. Even when the government of the day establishes a "Constitutional Review Commission", as in Zambia after the 1991 change in government, the ordinary citizen's in- put, counts for little at the end of the day. Major changes in the Constitution are determined by the powers-that-be.

President Sam Nujoma of Namibia, is approaching the end of his second five-year term of office. He seems to be on the verge of receiving a third presidential mandate. Parliament, in which the ruling SWAPO enjoys a 60% majority, is set to amend the Constitution to that effect. And what prevents him from accepting a fourth and even a fifth term of office?

President Museveni of Uganda doesn't even need to worry about having a parliamentary majority, because he's got a "partyless parliament" in which politicians can seek office on their individual tickets. The fact is, many African leaders want to tailor everything to suit their personal whims and fantasies.

The Democratic Republic of Congo is a case in question. Not only has the country received another name, a new flag graces the nation's public buildings, and even the national soccer team has been renamed. The country has been promised a new Constitution and the latest craze is to ditch French and learn English.

One wonders, with a few exceptions, if it is possible for any African country to draw up a truly selfless Constitution that will proudly stand the test of time? The answer seems to be "no".

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