By Evarist Baimu Nyaga Mawalla - Home

decline to determine whether there has been, in addition, a breach of the Declaration ofRights.And here at home the Court of Appeal had this to say in attorney General v. W.KDutambala, Criminal Appeal NO 37 of 1991 (unreported)We need hardly say that our Constitution is a serious and solemn document. Wethink that invoking it and knocking down laws or portions of them should be reserved forappropriate and really serious occasions.The court continued:…. It is not desirable to reach a situation where we have been disposed of on theground that the trial was a nullity without going into the constitutionality of s. 40. It isindeed curious that a trial which was adjudged a nullity could still provide the basis forstriking down s. 41. On these grounds and others, I was unable to benefit from thedecision of my learned brother.The fifth issue takes us back to the amendments to the Constitution and elsewherewhich make membership of and sponsorship by a political party mandatory for a personto contest presidential, parliamentary or local authority elections. I held that theamendments was constitutionally valid but I reserved by position on their practicalimplications until this stage. It is essential for the purpose of the present exercise, and forcase of reference, to set out side by side the provisions of Art. 21 (1), Art. 20 (4) and Art.21 (1) reads as follows:(1) Every citizen of the United Republic is entitled to take part in the governmentof the country, either directly or through freely chosen representatives, in accordancewith procedure provided by or under the law.Art . 20 (4) states ( my translation);(4) Without prejudice to the relevant laws, no person shall be compelled to belongto any party or organization, or for any political party to be refused registration by reasononly of its ideology or philosophy.And Art. 39 (o) states ( my translation):39. No person shall be eligible for election to the office of President of the UnitedRepublic unless he –(a) …; (b) …;© is a member of and sponsored by a political party.As generally understood the citizen’s right to participate in the government of hiscountry implies three consideration; the right to the franchise, meaning the right to elect222