In this process (and this is our answer to the question regarding the limits of the powers of the Constituent Assembly), we are not convinced that the Constituent Assembly is bound to follow any of the provisions in the Draft Constitution—be they basic or not. In our respectful opinion, the contention that there are certain basic structures in the Draft Constitution that the Assembly is simply not empowered to change is not supported by the Act. Indeed, our reading of section 25 (1) and (2), together with section 9 (2), supports the position taken by the respondent to the effect that the powers of the Constituent Assembly to alter the Draft Constitution are limited only by the national values and ethos laid down in section 9 (2) of the Act.
Posted on: Wed, 08 Oct 2014 09:13:00 +0000
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