From: Kenfish

We ask this key question in the public interest, and on behalf of our readers who would like to know, and as such we request competent lawyers to respond. Indeed, we have received this, among other questions.

The question emanates from section 101(1) under the proposed constitution which reads that “a general election of members of Parliament shall be held on the second Tuesday in August in every fifth year” while clause 102(1) of the same reads that “the term of each House of Parliament expires on the date of the next general election”.

Read together with what is contained under the sixth schedule, section 3(2) reads that “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, 2008 (No.4 of 2008) 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.” The exemptions do not appear to mention who determines the date of elections.

Under section 59 of the current constitution, and with the unexpired term of the current parliament should the new constitution pass and if clause 101 is suspended, section 2 of the sixth schedule would allow for current parliament to continue indefinitely? This is because it appears that the provision that allows for the term to be limited in any way would have been repealed.

If yes/not, who will have the powers to prorogue parliament as the presidential powers to do the same will have gone with the current constitution?

(Adopted from KARA Newsletter)