Mmegi

The quest for a transformative People’s Constitution (Part 3)

Sharing insights: Justice Dingake PIC NEWSDAY
Sharing insights: Justice Dingake PIC NEWSDAY

The use of constitutional value and extra- constitutional value to void a constitutional amendment

As discussed above, the constitution is laden with values that were inputted by the sovereign people. These values such as, human dignity, freedom, justice, liberty, and equality. In my many moments of debating with myself I have wondered whether our time tested and cherished value of “Therisanyo” can be part of the extra constitutional value that can be harvested in the engagement with the issue of the amendment power exercised by Parliament. The HCJ ruled that if an amendment degrades these constitutional values, the Court will not shy away to declare the change as void even if all the procedural steps were followed in its enactment.

Editor's Comment
Child protection needs more than prevailing laws

The rise in defilement and missing persons cases, particularly over the recent festive period, points not merely to a failure of policing, but to a profound and widespread societal crisis. Whilst the Police chief’s plea is rightly directed at parents, the root of this emergency runs deeper, demanding a collective response from every corner of our community. Marathe’s observations paint a picture of neglect with children left alone for...

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