Tche Irene Morikang
8 April 2008
A bill to amend and supplement some provisions of the law of 18 January 1996 to amend the Constitution of 2 June 1972, is under scrutiny at the National Assembly.
The tabling of the bill, by the government to parliament last Friday, has put an end to speculations that have characterised public debates of recent. Although President Paul Biya in his New Year message to the nation last December 31, talked of "provisions of our Constitution which will need to be harmonised with recent developments in our democratic system so as to meet the expectation of the vast majority of our population", questions arose on which sections of the Constitution could be revised, with most people focusing attention only on Paragraph 2 of Article 6. But we also have Article 6(4) and five other Articles - 14, 15, 51, 53 and 67 which Cameroonians have been citing in their numerous suggestions to the Head of State as being unrealistic or out of tune.
Well, there is Article 6 (2), which provides that "the President of the Republic shall be elected for a term of office of seven years renewable once", the new provision makes it possible for an incumbent President of the Republic, elected for a seven-year term of office, to be eligible for re-election. This option which seeks to ensure equity in terms of rights and duties of citizens as regards eligibility for the office of President, as well as makes it possible for all citizens to exercise their civic and political rights to directly participate in the management of public affairs, augurs well. With the imminent putting in place of an independent viable election organisation and control body, ELECAM, power is in the hands of the people who are free to limit the mandate of their President through the ballot box.
The case of Article 6 (4), which fixes the time frame for the organisation of presidential election, in case the President of the Republic becomes vacant, was again more glaring. Under the present Constitution, elections are supposed to be organised "not less than 20 days and not more than 40 days after the office becomes vacant". Impractical! We all know that it is virtually impossible to put in place all the material and practical procedures needed for a successful election in less than 40 days. If the proposal of government is accepted, the time frame for the organisation of the said election will be deferred to "not less than 20 days and not more than 120 days after the post becomes vacant". Four months, we would agree, is enough time to organise a free and fair election.
The time issue has also been taken into consideration in government's proposals for Article 15 (4). In case of the extension or abridgement of the term of office of Members of the National Assembly, not less than 40 days and not more than 120 days (following the expiry of the extension or abridgement) will also be needed to organise elections instead of the present 40 to 60 days.
The futuristic aspect of the bill tabled in parliament could also be judged from the precisions made with regards to the functioning of the Court of Impeachment and the term of office of members of the Constitutional Council. The proposals are that their term of office should drop from nine to six years non-renewable so that it ties with those of other State elected or designated organs. The Senate will also have to meet at the same time with Parliament, while in the absence of the Regions, the Senators will be voted only by Municipal Councillors. The rights of the President of the Senate (when he is interim President), have also been extended to include a possible amendment of the composition of government when the organisation of the presidential elections so requires.
From all indications, the proposed amendment falls in line with the extensive institutional reform which the government has embarked on recently. The underlying objective is to adapt the laws of the nation to the exigencies of democracy and good governance, as well as strengthen and safeguard the political and social stability of the country. It therefore goes beyond persons as it seeks to offer future generations an appropriate legislative and regulatory framework, which when applied, should not be impeded by any regulatory vacuum. As President Paul Biya rightly puts it: "the procedures are of a general nature and do not concern anybody in particular".
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