By Evarist Baimu Nyaga Mawalla - Home

It extends to modification of those provisions, suspension or repeal and replacement orsame, re – enactment or modification in the application thereof. Drastic as some of theseterms may sound, I still do not believe that they authorize abrogation from theConstitution of these rights. The provisions of Art. 98 should be read in the light of theclawback clauses in Art. 30(2) and 31. The former reads as follows:-(2) It is hereby declared that no provision contained in this Part of thisConstitution, which stipulates the basic human rights freedoms and duties shall beconstrued as invalidating any existing law or prohibiting the enactment of any law or thedoing of any lawful act under such law, making provision for –(a) ensuring that the rights and freedoms of others or the public interest are notprejudiced by the misuse of the individual rights and freedoms;(b) ensuring the interests of defence, public safety, public order, public morality,public health, rural and urban development planning, the development planning,the development and utilisation of mineral resources or the development orutilization of any other property in such manner as to promote the public benefit:(c) ensuring the execution of the judgment or order of a court given or made in anycivil or criminal proceeding;(d) the protection of the reputation, rights and freedoms of others or the private livesof persons involved in any court proceedings, prohibiting the disclosure ofconfidential information, or the safeguarding of the dignity, authority andindependence of the courts;(e) imposing restrictions, supervision and control over the establishment,management and operation of societies and private companies in the country; or(f) enabling any other thing to be done which promotes, enhances or protects thenational interest generally.Art. 31, on the other hand, empowers Parliament, notwithstanding the provision of Art.30(2), to legislate for measure derogating from the provisions of Art. 14 (Right to live)and Art. 15 (Right to personal freedom) during periods of emergency, or in ordinarytimes in relation to individuals who are believed to be conducting themselves in a mannerthat endangers or compromises national security. We may also refer to Art. 97(1) whichprovides in part –211