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Constitutional coups are a threat to democracy

Extra constitutional extensions of power have shaped the contours of Africa’s governance landscape in recent years.

Term limit evasions are at the root of a host of governance dysfunctions in Africa and are linked to higher levels of autocracy, corruption, conflict, and propensity for coups. Leaders of 14 African countries have held onto power for more than two terms after evading term limits. This continues a pattern of term limit evasion observed since 2015, reversing an evolving trend of term limit adherence between 2000-2015. Analysis of constitutional modifications in Africa from 2002-23 reveals that there were 24 attempts to amend constitutions to extend political power. Of these, 19 were successful. This amounts to one attempt a year over the last two decades of African Union (AU) existence, with an approximate success rate of 78%.

Modifications of constitutions generally manifest in two ways. The first alters the duration of term limits by increasing or decreasing the number of years. For example, in the April 2023 electoral modification in Gabon, the presidential term in office was shortened from seven to five years, but it was extended in Guinea (2020). This constitutional change often precedes invocation of the principle of non-retroactivity of the new law to allow incumbents to contest for office. In so doing, they reset the clock of their stay in office and circumvent the spirit of their constitutions to extend their stay.

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Editor's Comment
DIS must correct costly stalemate

More than P8.1 million has already been spent, yet there appears to be no lasting solution in sight. This is not simply a dispute between the DIS and a group of officers. It is a matter of public accountability. Every pula spent by government comes from taxpayers who expect public funds to be used wisely and responsibly, especially during economic hardships faced by many.The officers exercised their constitutional right to seek justice through...

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