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
Human rights are sacred

It highlights the need to protect rights such as access to clean water, education, healthcare and freedom of expression.President Duma Boko, rightly honours past interventions from securing a dignified burial for Gaoberekwe Pitseng in the CKGR to promoting linguistic inclusion. Yet, they also expose a critical truth, that a nation cannot sustainably protect its people through ad hoc acts of compassion alone.It is time for both government and the...

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