By Evarist Baimu Nyaga Mawalla - Home

(1) subjected to the other provisions of this Constitution, the legislative powerof Parliament shall be exercised through the National Assembly….Reading all these provisions together, it occurs to me that Parliaments power in relationto the amendment of the provisions under part III of Chapter One of the Constitution canonly be exercised within the limits of Art.30(2) and Art. 31. Hence, even if it is asuspension or a repeal and replacement it must be justifiable within the scope of the twoprovisions. I have therefore come to the conclusion, and Mr. Mussa concedes, thatParliament’s powers of amendment are not unlimited. It should be recognized, on theother hand, that society can never be static. New times bring with them new needs andaspirations. Society’s perception of basic human rights is therefore bound to changeaccording to changed circumstances, and that makes it imperative for Parliament to havepower to alter every provision of the Constitution. What remains immutable, therefore, isthe ethic of human rights but not the letter by which they are expressed.We turn to consider whether the amendments complained of were not within theconstitutional limits, beginning with Art. 20 (2) and (3). The former does not abrogate orabridge beyond the purview of Art. 30(2) the right of association guaranteed under Art.20(1). It merely lays down the condition a political party has to fulfil before registrationand all these conditions are within the permeters or Art. 30 (2).The conditions are clearly aimed at the promotion and enhancement or public safety,public order and national cohesion. There cannot be any such thing as absolute oruncontrolled liberty wholly freedom restraint, for that would lead to anarehy anddisorder. Indeed, in your country like ours, nothing could me more suicidal that to licenceparties based on tribe, race or religion.The problem with Art. 20(3) is even less apparent. It is an enabling provision givingParliament power to enact a law for the registration of political parties and for ensuringcompliance with Art. 20(2) by those parties. It does not expressly tell Parliament what towrite in that law. I am satisfied and hold that Art. 20(2) and (3) were validly enacted.There remains, however, the provisions of the Political Parties act which fall forcomment under the second issue. Next is Art. 39 and allied articles and provisionsrelating to presidential, parliamentary and local council candidacies.Once again, I am unfortunate in having say that these amendments were within thepowers of the Parliament. They do not abrogate but merely modify the application ofArt.21(1) by providing that participation in national public affairs shall be throughpolitical parties. As seen earlier, modification in application is covered under Art. 98(2). Ialso think that the amendments are within the ambit of Art. 30(2) if public order be takenas having supplied the inspiration.212