shaharazad

a country's constitution does not get changed, it might need tweaking where there are loose ends. e.g. 'SA belongs to all who live in it'. Issue of immigrants. Constitution need altering to allow immigrants who are economically viable and issue time frames for immigrants escaping persecution/ torture. If SA is a rainbow nation, why conduct a census/survey on racial lines. 44 million Mzansians should have a directive on the 'Altering' of some clauses in the Constitution, but the document should remain as adopted, for future Generations
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7000000

Constitutional change is necessary as time and social situations are ever changing. Surely what was right in 1873 was not right in 1934 and also what was right in 1994 cannot be deemed to be right in 2012. Certain clauses pertaining to powers of the Constitutional Court and Judicial Service Commission need to be amended to limit probability of abuse of power by Judges. We need not to change the Judicial Independence clause but a compromise should be struck to limit abuse of powers by Judges who as human beings are not immune to corruption and bribe by those who might need to use them. We cannot rely too much on Acts of Parliament to limit the abuse as law unlike an individual cannot stand up and say do not abuse me as it can be abused strategically and tactically. The situation will be better if Judges knows that their decisions are subject to something in order to reduce threat of abuse and the fall of our democracy through courts because of lack of monitoring and evaluation on their work done. The Parliament and the Judiciary must work together to prevent the abuse of power by the Judges. At the elementary stage we can start scrutinizing on Judgement which have been taken unanimously as unanimous taken Judgement are deemed to be fair as all the Judges would have agreed with the Judgement in question. Secondly we can target Judgments which have the state security matter attached to them and later move on to Judgements which are catalysts to make serious legal changes or development which are deemed to have adverse effects on law and morality. There must be a clause which must be inserted into the Constitution dealing with state security in which the Ministers and the Deputy President and the President must be protected , were their affairs must be known to the executive authority and Judicial authorities only. There is no use to shame the executive authority were at the end that might cause the country to be like DRC , Zim and Sudan as well as Iraq and etc. The President is a very important person in the country so he need to be respected to the fullest as lack of respect on that accord might put the country in danger of civil war. There must also be a clause which prevent political parties to use law to fight their political battles other wise we will have a law which will be turned into political battleground and we do not need that to happen to our legal system as that might lead us from a constitutional state to a complete political state as the constition might be reduced to nothing but another ordinary act of parliament.
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