NC rejects changes to Constitution

THE National Council on Thursday rejected proposed constitutional amendments which, among others, aimed to cut the term of regional councillors from the current six years to five.

The National Assembly had adopted the amendments with a two-thirds majority and they were expected to be passed by the National Council before being signed by the President and gazetted to take effect.The constitutional amendments must now go back to the National Assembly, which is expected resume business this week.Motivating the rejection, the Deputy Chairperson of the National Council, Margaret Mensah-Williams, said the amendment bill had ‘flaws’.Mensah-Williams said the current crop of regional councillors took office in 2004 for a six-year term which ends next year but if the bill is passed now, it is not clear what will happen with their remaining year in office.’It will be unconstitutional for us to maintain our positions for an additional year, and it will be in contradiction with our Regional Councils Act,’ Mensah-Williams said.Part of the Regional Councils Act states that a member shall hold office for a period of six years.’This will be inconsistent and unconstitutional given the supremacy of the Namibian Constitution, which … is the supreme law of Namibia,’ she said.She argued that the Regional Councils Act was supposed to be changed first before amendments were made to the Constitution.Other concerns she had included the fact that the word ‘executive’ was removed from the powers of the regional management committees chaired by governors.’This is therefore inconsistent with the proposed amendment to remove the very same executive powers and relegate it to mere powers. What will be the effect during decentralisation when the ministers’ executive powers are delegated to regional councils? Will these powers change to ordinary powers?’ she said.She also said the amendment to change the name of the Prison Service to ‘Correctional Service’ was inconsistent with other parts of the Constitution, which still referred to ‘Prison Service’.One example was the part that grants the country’s President the power to appoint the Commissioner of Prisons, she pointed out.She called on the National Council to reject the amendments, which it did unanimously.