Two bills pertaining to the organization, functioning and membership of the constitutional council were tabled to the National assembly yesterday November 13 during a plenary session.
One day after the start of the last session of the 2012 legislative year, the Minister of Justice, Laurent Esso has tabled bill No 916/PJL/AN to lay down the organization and functioning of the constitutional council. The bill seeks to harmonize the 2004 law with Cameroon’s new legal dispensation. As per provisions of section 7 of the revised constitution of April 14, 2008, “the constitutional council shall comprise 11 members designated for a renewable term of office of 9 years”. As a matter of what precedes, the proposed amendment holds that “the constitutional council shall comprise 11 members designated for a renewable term of office of 6 years. The members of the constitutional council shall carry the title of Adviser”. As explained by legal experts, the three year reduction targets the exigencies of a democratic society and the progressive putting in place of national institutions as provided for by the grand norm. Focusing on the rules and regulations governing membership of the constitutional council, the second bill (No 917/PJL/AN) submitted by the Minister of Justice is aimed at amending the second part of section 9, confirming that the term of office of members of the constitutional council is 6 years renewable, in accordance with the constitution in force. Section 9 formerly held that “members of the constitutional council shall be entrenched. Their term of office may neither be renewed nor revoked”. The amended version says “members of the constitutional council shall be irremovable. Their term of office of 6 years shall be renewable”. Section 22 of the bill is amended to replace the phrase “term of office of 9 years” with “a term of office of 6 years”. This concerns the possibility of a member of the constitutional council to complete the term begun by another member to be appointed for a new term. Such an appointment is subject to the exercise by the member of his or her duties for a period of less than 2 years instead of less than 3 years as stipulated under the regime of the term of office of 9 years. To this effect, section 9 changes to “members of the constitutional council shall be irremovable. Their term of office of 6 years shall be renewable”. More so, section 22 (new) stipulates that “in the event of death, resignation, permanent physical disability or removal from office of a member of the constitutional council, a new member shall be appointed in accordance with the provisions of Section 51 (3) of the constitution. A member so appointed shall serve the remainder for the term”. The above section in its sub section 2 says “the above provisions notwithstanding, upon the expiry of the said term of office, a member of the constitutional council so appointed may be appointed for a new term of 6 years, where the member had served in the replacement for a period of less than 2 years”. In case of resignation or removal from office of a member of the constitution council, such a member shall not be eligible for any elective position before the expiry of a period of 3 years, with effect from the date of his resignation or removal. The plenary session was presided at by the first Vice President of the National Assembly, Hon Hilarion Etong. Quizzed on their views, most Members of Parliament chose to be prudent arguing that they need to read through the bills and prepare for debates in view of their adoption. It should be noted that the constitutional council had been provided for as early as 1996 in the constitutional law, on the heels of the politico-economic and socio cultural upheavals which marked Cameroon at the dawn of the 90s.It should be noted that the November session of parliament is generally dedicated to the debate on and adoption of the coming year’s finance law. As it stands, parliament will in the days ahead focus their thoughts and views on the 2013 performance based budget to be submitted to them by the Minister of Finance.
