appointing and dismissing most public figures, exercising the prerogative of mercy,
dissolving Parliament, declaring a state of emergency and so on.
•
An Unworkable System of government
Inorder to mislead the people into believing that it had answered their call for reduced
executive powers, the Draft of the Constitutional Commission introduced a Prime
Minister whose role was unclear and who could not work without hindrance from the
President. For instance, the Prime Minister was said to be the head of government, yet
his/her cabinet was chaired by the President. The system had every potential to lead
to political instability and an ineffective government.
•
A weak Parliament
The current Parliament cannot easily pass a vote of no confidence in an incompetent
government of the day. On the contrary, the President has powers to dissolve
Parliament at anytime. The Draft of the Constitutional Commission did not change
this and continued with a situation where a law passed by Parliament could be
overridden by the President.
•
A Window dressing Senate
The Draft of the Constitutional Commission created a Senate, which had no powers at
all. The Senate in the Draft was used to create the impression that the President ‘s
powers were being checked by the Senate when in fact it was so weak that it could
not effectively provide checks against the President.
•
A narrow Bill of Rights
The Bill of Rights in the Draft of the Constitutional Commission was narrow in scope
and did not protect some fundamental rights and freedoms. For instance, the freedom
of the press, the right to education, the right of workers to strike, the right to health
and full gender equality were not covered in the Bill of Rights.
•
Inadequate provisions for free and fair elections
The Draft of the Constitutional Commission did not provide for a truly independent
Electoral Commission. It only used the word “Independent” but the Commission
provided therein was nothing of the sort.
•
No devolution of governmental powers to the people at appropriate levels
The Draft of the Constitutional Commission did not provide an appropriate
framework for devolution of governmental powers to provinces and other local
structures.
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