Constitutionalism and Democratic Governance in Africa: - PULP

Introduction to and overview of constitutionalism and democratic governance in Africa 5
institutional infrastructure and attitudinal orientation inherited from the
colonial period. 13 Unfortunately, this process was never undertaken, let
alone achieved. In fact, most of the laws, institutions and attitudes that
underwrote the violations of human rights during colonialism did not just
survive independence, they prospered thereafter. 14 Oloka-Onyango went
ahead to note: 15
Nearly half a century after most countries on the continent attained
independence, so many of them continue to utilise colonial laws governing
political association, public health, education and free expression. The
consequence is that their very claim to have made a difference in the human
rights reality of the people they govern is effectively negated.
Not only did most post-independence African states retain some archaic
colonial laws after independence; they also cherished the irresponsible
practice of frequent constitutional amendments, aimed at accommodate
the whims of the ruling class. Thus, they went full throttle to endorse the
chronic culture of poor governance. Consequently, innocent citizens were
unabatedly denied the enjoyment of many of their fundamental rights and
freedoms.
A cursory glance at the events in twenty-first century Africa clearly
indicates that the continent is still wallowing in a miasma of poor
governance, while trying to remain afloat in the sea of constitutional
turmoil. The on-going situation in Africa is a clear indication of how the
undermining of constitutionalism can produce consequences which, when
carefully considered, are the antithesis of democracy and good
governance. The situation also explains why at the dawn of the twenty-first
century the continent has witnessed, more than ever, agitation for
comprehensive constitutional reforms and good governance.
Good governance is influenced by the existence of a well-crafted,
democratic Constitution that enables the government to manage the affairs
of the state effectively, while at the same time empowering the citizenry to
participate in government. 16 Citizens must participate in the drafting and
implementation of such a Constitution. Good governance, strictly so
called, has therefore not been tenable in Africa, much due to ‘authoritarian
constitutions’ that disregard the doctrine of constitutionalism and vest
enormous powers on one arm of government to the disadvantage of the
13 CA Odinkalu ‘Back to the future: The imperative of prioritising for the protection of
human rights in Africa’ (2003) Journal of African Law 1 2.
14 As above.
15 J Oloka-Onyango ‘Human rights and sustainable development in contemporary Africa:
A new dawn or retreating horizons?’ (2000) Human Development Report 2000 Background
Paper 4 available at http://www.undp.org/hdro/Oloka-Onyango2000.html (accessed
12 June 2012).
16
African Peer Review Mechanism ‘Country Review Report of the Republic of Kenya’
May 2006 available at http://www.polity.org.za/article.php?a_id=99422 and http://
www.nepad. org/aprm (accessed 4 January 2011).