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
The Boko-led administration has to tread carefully

‘When you make peace withyourself, you make peace with the world’- Maha GhosanandaThis may come at a huge cost if not handled properly. What started off on Labour Day in Letlhakane this year, where Boko was in attendance when the militant lawyer-cum-trade unionist, Robert Rabasimane rebutted the President’s address in defence of the trade union has seemingly spiralled out of control. The issue is now creating a cat-and-mouse type of a...

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