Advocate Mpho Justice Khoza, a constitutional law expert and lecturer at the NWU’s Faculty of Law, says recent developments in countries such as the Democratic Republic of the Congo (DRC) and Zimbabwe highlight the importance of strong safeguards when governments seek to amend constitutions.
Zimbabwe’s Parliament recently approved constitutional amendments that include extending presidential and parliamentary terms and removing direct presidential elections, while proposed constitutional changes in the DRC have triggered protests by opposition parties.
According to Adv. Khoza, constitutional reform is a normal part of democratic development, but the process must protect the core purpose of a constitution: limiting and regulating public power.
“The primary function of a constitution is to regulate and constrain public power. Constitutional amendments should therefore be directed towards strengthening democratic governance rather than preserving particular political arrangements or office holders.”
Public participation must form part of constitutional change
He says one of the most important principles in any constitutional reform process is meaningful public participation. Citizens must be provided with genuine opportunities to engage with proposed amendments through consultations, public debate and democratic processes.
“Public participation enhances constitutional legitimacy and helps ensure that reforms reflect the broader interests of society rather than the preferences of political elites.”
Adv. Khoza says transparency is equally important. Governments proposing constitutional changes must clearly communicate the purpose, scope and possible consequences of reforms to enable citizens to make informed contributions.
He adds that courts have a critical responsibility in safeguarding constitutional democracy by ensuring that amendments and government decisions comply with constitutional principles, proper procedures and the rule of law.
“Constitutional amendments must be adopted through the procedures prescribed by the constitution itself. Adherence to established amendment processes strengthens legitimacy and protects against arbitrary exercises of power.”
Reflecting on reforms that affect presidential terms and electoral systems, Adv. Khoza says regular, free and fair elections remain central to democratic accountability because they allow citizens to assess political leadership.
Separation of powers crucial for strong democracy
He says constitutional amendments should preserve the separation of powers between the executive, legislature and judiciary instead of creating systems where authority becomes concentrated in one political institution.
“A healthy constitutional democracy requires a balance of power between the executive, legislature and judiciary. Constitutional amendments should strengthen institutional checks and balances rather than concentrate authority within a single branch or political structure,” says Adv. Khoza.
He adds that constitutional disagreements should be handled through lawful and peaceful mechanisms.
“The rule of law ensures that constitutional change occurs within a framework of legality and accountability.”
Adv. Khoza says African democracies should view constitutional reform as an opportunity to build stronger institutions rather than secure short-term political advantages.
“The true test of constitutional reform is whether it leaves institutions stronger, accountability more effective and citizens more empowered than before.”
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