Wednesday, April 9, 2008

Constitutional revision: Cameroon is sliding into an abyss of chaos, destruction


When the people will react again, what happened in February will be child’s play because soldiers and security forces will only be able to control the situation for a short time

By A.S. Ngwana in Douala

He heard in the news that the present parliament is considering a bill sent by President Paul Biya to amend the Constitution. We want to make it abundantly clear that any amendment of the constitution by the present parliament will be unconstitutional, illegal, null and void.

The present constitution, the 1996 Constitution, states exactly the procedure and the steps to be taken to amend the Constitution. It must be greatly regretted, that law makers, parliamentarians will want to do something which is unconstitutional and illegal, just to make Mr. Paul Biya a life president. Sorry, you cannot do it because you will destroy the constitution, make Cameroon ungovernable, and consequently anarchy and chaos will follow.

To amend the present Constitution Article 63(1) reads: «amendments to the constitution may be proposed either by the president of the Republic or by parliament».

Article 63(3) reads: «Parliament shall meet in Congress when called upon to examine a draft or
proposed amendment»

Article 14{1} reads «the legislative power shall be exercised by the parliament which shall comprise 2 (two) houses: the National Assembly and the Senate». Article 14 section 4 states that…… «The two houses of parliament shall meet in congress at the request of the president of the Republic in order to: take a decision on a draft or proposed Constitutional amendment.»

Although Part XIII under special provisions of the constitution section 67(3) states; «the National
Assembly shall exercise full legislative power and enjoy all parliamentary prerogatives until Senate is set up», however section 18(3) of the Constitution states: «only bills falling within its area of jurisdiction by virtue of Article 26(2) below may be included in the agenda of the National Assembly»

Article 26(2) a,b,c,d,e,f, gives the agenda of the legislative and its jurisdiction. There is nothing
like constitutional amendment in the above Article 26(2). Hence, parliament has the power only to propose a constitutional amendment and not to amend any Article of the constitution. Therefore parliament cannot legislate on a bill that is not within its jurisdiction.

Article 63(4) of this constitution gives power to the President of the Republic to « … submit any bill to amend the constitution to a referendum»

We therefore advise that the senate should be set up, before any bill for the amendment of the constitution is sent to Congress for consideration, and thereafter it is sent to a referendum. The Constitution is quite clear on its provisions for amendment, but if Mr. Biya wants to be life president at all cost by ignoring the constitution and amending it unconstitutionally and
illegally, then he must be ready to be fully responsible for the outcome of this illegality.

Mr. President do not say that people of good will did not advise you. Some people in your government are so greedy and irresponsible that they will like to see you destroyed by their irresponsible suggestions. One of your irresponsible men will like to see your government take Cameroon 20 years back by returning to media censorship, some even advocate ethnic cleansing.

Mr. President, you should know better, all these fake motions of support are not true, a few people only want to destroy you and ridicule you before the International Community for their own selfish ambitions.

The truth is that any unconstitutional and illegal amendment to the Constitution by this present
parliament will not be binding on us and will be treated as null and void. Cameroon is sliding into an abyss of chaos, destruction, and disintegration. Soldiers and security forces can only control the situation for a short time, and when the people react, what happened in February will be child’s play.

Sphere: Related Content

No comments: