Meeting SummaryThe Committee met with a delegation from the Mozambican Parliament. The delegates served on the Committee for the Revision of the Constitution, which had been established to review the Mozambican Constitution. The purpose of their visit was to find out more about the work of the Committee.
The delegates asked whether private members could propose constitutional amendments, what the proportion of the diverse parties that participated in the Committee was, what sort of majority was required to amend the Constitution and about the role of the judiciary and the Executive played in the reviewing of the Constitution.
Mr Mnguni welcomed the delegates from
Mr Mnguni opened the floor to Members to illustrate the main role the Committee had to play with regards to its jurisdiction. Mr S Neves a Staff Member and the Interpreter of the Mozambique Members of Parliament was the main interpreter in the meeting.
Mr A Guam (ANC) stated that the Committee’s existence was based on the Constitution. The Constitution required that the Committee review it annually. As a result, the Committee advertised to the public to make submissions on what needed to be amended or reviewed from the Constitution. The process is then taken through Parliament.
Mr S Swarts (ACDP) added that private members may also bring constitutional amendments. However, they would have to persuade the majority party if they wanted their proposal to succeed. In addition, he added that the participation and involvement of all political parties was very significant and present in the Committee.
Mr E Comiche the Chairperson of the Planning and Budgeting Commission in
Mr J Katupha, a member of the Mozambique House of Parliament, probed whether the essence of reviewing the Constitution annually crystallised the realities of the Constitution. Secondly, he asked whether parties that were not in Parliament had access to participate in the Constitutional Review. Lastly, he also wanted to know whether the judiciary formed part of the Committee
Mr M Sevene, a member of the Mozambique Parliament, wanted to know the proportion of the diverse parties that participated in the Adhoc Committee. Secondly, he asked what sort of majority was required to amend the Constitution. Lastly, he probed the mechanisms which existed to ensure the success of the Review Committee
Ms C Sortane, a member of the Mozambique Parliament, posed three questions to the Committee. Firstly, she wanted to know in which period the amendments of appeals took place. Secondly, she asked whether Private Members Bills could be proposed by Members of Parliament or individuals. Finally, she wanted know whether the Executive played any role in the process of reviewing the Constitution
Mr Guam replied that the
Mr Swarts stated that the principle of proportional representation applied to the composition of the Committee and most parties served on it. In addition, he explained that a separate committee dealt with the legislative proposals of individual Members of Parliament. Members of Parliament could bring any issue forward even constitutional amendments.
Mr Holomisa addressed the question concerning the Executive. The Executive did not sit in when Committee discussed constitutional amendments. This was also due to the separation of powers. The Executive did not participate in the deliberations of the Committee. Submissions were done annually and not all submissions required an amendment. There were currently six issues from the Constitution which had been submitted for review. Section 25 of the Constitution which dealt with the property clause was also being reviewed and each political party was currently discussing whether it should be amended or not .The lastly appreciated the delegation of the Mozambique House of Parliament
Mr Comiche thanked the Committee for welcoming its delegation and hoped that there would be a continuous progress in strengthening the relationship between the two Committees
Mr Holomisa wished the best for the delegates and also assured the collaboration and working together of both Committees.
The meeting was adjourned.
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