Libreville, Sunday September 1, 2024 (Gabon News) – The National Constitutional Committee officially handed over to the Transitional President on Saturday August 31, at the presidential palace in Libreville, the a draft constitution that goes to the transitional parliament is changed into an electoral one before being submitted to the people through a referendum.
General Brice Clotaire Oligui Nguema received the draft constitution from the president of the National Constitutional Committee, who is also the minister in charge of institutional reform, Murielle Minkoué.
The text establishes a presidential system, ie a term of seven years renewable once. With the office of the Prime Minister abolished, we see a separation of powers with a bicameral parliament (the National Assembly and the Senate) that can dismiss the President of the Republic in the event of high treason.
If any president who wants to change the constitution for his interests is rejected, he also has the power to dissolve both houses of parliament. We also note the incompatibility between the actions of members of the government and the actions of parliamentarians whose intention is to control the executive.
The function of the president, according to the draft constitution, is reserved for people of Gabonese origin, that is to say those whose parents were born Gabonese. The framework of the constitution also proposes to elevate the putchists to the level of “heroes” who will be protected by the amnesty law.
As for the Constitutional Court, which has always been in the headlines of election news, its president will no longer be appointed by the President of the Republic, but elected by his colleagues. Here is the entire summary by Murielle Minkoué epse Mintsa:
In the form
The draft Constitution is structured as: 12 titles, 24 chapters, 12 sections and 194 articles.
At the bottom
The draft Constitution we respectfully submit renews our values, strengthens our institutions, includes non-revisable provisions, reaffirms commitment The Gabonese State to protect the environment and give the State’s protection to our heroes on August 30.
Regarding the renewal of our values, the draft Constitution, while reaffirming the connection of the Gabonese to their values, consecrates marriage as the union between two people of different sexes and gives on the State to promote this concept of society in our children’s school textbooks. .
In addition, the project restores the dignity of the Gabonese people in land matters by recognizing, for individuals, the uniqueness of land titles for the Gabonese people. However, exemptions are granted to legal entities to take care of our country’s bilateral and multilateral partners.
Regarding the protection of the environment, the project establishes the commitment of the Gabonese State in the fight against global warming and the preservation of the environment in accordance with our international commitments in this sector.
Excellency Mr. President of the Republic,
In terms of strengthening our institutions, the project establishes a single-headed executive with the President of the Republic and a bicameral Parliament while taking care to avoid obstructing our institutions .
The legislative power has the traditional means of controlling the activities of the executive, voting on the law and all kinds of coercion, the power to challenge the President of the Republic to dismiss him career in case of high treason.
In addition, the project renders the actions of members of the Government and the actions of parliamentarians inadequate. Finally, the maintenance of the mandate of the elected official if he is expelled from his political party is aimed to guarantee the independence of the parliament in the performance of its sovereign missions to control the body- action
The President of the Republic, for his part, will now take full executive power with, on his side, the Vice-President of the Republic, the Vice-President of the Government and all the members of the Government. He has the power to dissolve the National Assembly which appears as an antidote to the charge that Parliament has against him.
The President is elected by a two-round single-member ballot for a 7-year term, renewable once. Application for this high office is reserved exclusively for Gabonese born to parents who were themselves born Gabonese.
The power of the judiciary has been strengthened to increase its independence.
If the President of the Republic is still the President of the High Council of the Judiciary with the support of the Minister of Justice, the Keeper of the Seals, the vice-presidency now rests with one of the presidents of the High Courts. Since the independence of justice also requires budget autonomy, the project establishes the financial autonomy of the three levels of jurisdiction.
The Constitutional Court is reinforced in its mission as a defender of fundamental rights and the Constitution. Litigation over administrative actions is withdrawn in favor of the administrative courts. The project also innovates by establishing a peer-to-peer election of the President of the Constitutional Court.
The term of office of the nine constitutional judges is 8 years, 2/3 renewable and no judge can serve more than two (2) terms.
On local authorities, the project reaffirms the character of a decentralized unitary state. It innovates by providing an annual allocation for the benefit of local communities to improve our infrastructure.
In terms of election management, the project aims to legally control the campaign accounts of election candidates to ensure the legality of resources and the highest possible level of expenses.
In terms of immutability, the project includes provisions that are not subject to any review. These provisions affect in particular the number and length of the president’s term. Better yet, any current president who wants to revise these provisions now would be guilty of high treason.
Finally, the project includes the protection of the State towards our heroes, the members of the CTRI, by providing not only an amnesty law but also a law that defines the benefits the State gave them.
FIN/INFOSGABON/SM/2024
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