Litia Cava 
[File Photo]
There is a democratic deficit in the 2013 Constitution, the Supreme Court has delivered an opinion, noting that its amendment provisions make meaningful change virtually impossible.
The court pointed out that requiring a three-quarters majority in Parliament and of all registered voters in a referendum effectively disempowers the people from exercising democratic control.
Chief Justice Salesi Temo delivered the opinion in response to questions referred by Cabinet under Section 91(5) of the Constitution, which sought clarification on Chapters 11 and 12, governing constitutional amendments, and the legal status of the 1997 Constitution.
While the Court confirmed that the 2013 Constitution is legally effective, it provided qualified recognition of the amendment provisions.
To ensure democratic participation, amendments may now proceed with two-thirds support in Parliament and a simple majority of voters in a referendum, balancing public control with constitutional stability.
The Court upheld Sections 159(2)(a) and 159(2)(b), protecting immunities and transitional provisions, but did not recognize Section 159(2)(c), which prevents amendments to the amendment provisions themselves.
The 1997 Constitution was confirmed as no longer valid.
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