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
Time to end informal sector fronting

The Francistown Umbrella Informal Sector chairperson, David Mbulawa, has highlighted this growing concern, revealing that many local traders are using their licences to facilitate the entry of foreign goods into the market at a fee.Fronting undermines the very fabric of our local economy. It allows foreign traders to exploit the system designed to benefit Batswana, using local licences to cross borders and sell goods at prices intended for local...

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