Tactician
O learned brother, where art thou?
Sadik,
I have considered your interpretation but I still stick to what I said earlier ie this katiba can be amended immediately.
Let me address your concerns:
Yes the chapter on the legislature is suspended as is the chapter on the executive.
But the same katiba in the sixth schedule allows parts of the old katiba on the national assembly and executive to continue in operation until 2012.
Specifically, I want you to read s3 of the Sixth Schedule (Transitional & Consequential Provisions)
Section 3 is titled:
Extension of application of provisions of the former constitutionsubsection 2 provides as follows:
2) Sections 30 to 40, 43 to 46 and 48 to 58 of the former Constitution, the provisions of the former Constitution concerning the executive, and the National Accord and Reconciliation Act, shall continue to operate until the first general elections held under this Constitution, but the provisions of this Constitution concerning the system of elections, eligibility for election and the electoral process shall apply to that election.If you read the current katiba that is referred to above, you will see that the sections quoted above relate to the legislature (Chapter 3 of the current katiba).
Meaning that the current bunge will continue to operate using the rules as envisaged chapter 3 of the current katiba.
However, certain sections of this chapter (Chapter 3 of the current katiba) have been excluded ie not the whole chapter on the legislature will be carried over to the new katiba.
For clarity's sake, keep in mind that Chapter 3 of the current katiba runs from section 30 to section 59. Therefore it becomes clear that sections 41, 42, 47 and 59 of Chapter 3 of the current katiba will not be carried over to the new katiba.
Sections 41 and 42 relate to the IIEC which conducts elections. These cannot be carried over cos there is the Independent Boundaries & Elections Commission created in the new katiba which replaces the IIEC.
Section 59 relates to ending the term of bunge via several methods ie proroguation of bunge by president, dissolution of bunge by president and vote of no confidence in the government by bunge.
This section has been omitted cos these are methods which operate in a parliamentary system yet the architecture of the new katiba is presidential with complete separation of powers.
Let me come to section 47 which is where the meat of the discussion is.
Section 47 of the current katiba will NOT be carried over to the new katiba.
s47 deals with the amendment of the katiba by bunge or replacement of the katiba.
This section was deliberately removed cos if it was carried over, bunge could amend the NEW katiba using provisions of the OLD katiba.
It therefore seems like bunge has no power to amend the katiba - which is what I understand you are saying.
However, the amendments provisions of the new katiba are not classified together with the provisions on the legislature.
In the old/current katiba, the amendment provisions of the katiba were grouped together with the provisions of the national assembly under chapter 3 - as we have just seen.
In the new katiba, the legislature is under chapter 8 in conjunction with chapter 7 (representation of the people). These two chapters come into effect during and after the next general elections.
The amendment provisions of the new katiba are classified under chapter 16 titled "Amendment of this constitution"
This chapter kicks in immediately.
Therefore, while the provisions on the legislature carried over from the old/current katiba prohibit the amendment of the new katiba, chapter 16 expressly grants bunge the powes to initiate amendments to the new katiba.
I know tis long winded but i hope you followed.
In summary - the new katiba can be amended immediately after its promulgation.
