Describe Constitution and African Post Colonial State

Political scientists have emphasized the role of the constitution in governance. They have
observed that the primary function of a constitution is to limit governmental authority and
regulate political processes in the State. This observation is rooted in the liberal Democratic
traditions, which postulates that there can be no constitutional government unless mechanisms
exist within the constitution for the supervision of these functions. A constitution is also
perceived as a basic and fundamental law which is the basis of separation of power of the
executive, judicial and legislative arms of the government (H.W.O. Okoth Ogendo 1990: 4)
As a basic law it is expected be rational, fundamental and capable of withstanding pressures
generated by the rigor of political processes. A constitution is a law, which is concerned with
distribution, exercise, legitimating and reproduction of power. A constitution can thus be
defined as a power map upon which a state/citizens can put a whole set of concerns. People
make a constitution. The process of constitution making involves making choices on what
should appear on the power map. Constitution making has to draw on both past and future
experiences.
Constitution making in Africa is influenced by:
- Legacies of history: For African states, it entails the legal order, which was inherited
from European colonialism at the time of independence.
- Nature of the constituted state: the African independent state had some modified
version of west minister model (for English speaking Africa), for the French speaking
Africa the power map was based on the principle of constitutional tri-partism as developed in the 18th Century by Montesquieu.

A constitution is a supreme law and if any other law is inconsistent with the constitution, that other law shall to the extent of the inconsistency be void. The independence constitution in most African countries has been completely tampered with.
A constitution is a supreme law and if any other law is inconsistent with the constitution, which other law shall to the extent of the inconsistency be void. The independence constitution in most African countries has been completely tampered with.
The African political elites have used the following reasons/factors to amend the constitution:
- The independence constitution is a barrier to central planning, financial coordination
and formulation of policies on important issues such as health, education and
agriculture.
- The independence constitution frustrates the goals of equity and faster delivery of
services.
- That by focusing on the role of power the independence constitution had failed to
resolve ideological issues of how to meet people’s expectations and aspirations.
- The independence constitution permitted the importation of undesirable political
practices that are incompatible with the African way of life.

On the basis of the above issues African leaders considered the constitution as a political weapon and introduce the following amendments.
- They have extended appointive and dismissal authority of the president to all offices
in the public service.
- Coercive powers of the state have been extended thus interfering with the bill of
rights
- African leaders have gone ahead to revise the entire constitution so that it conforms
to the legal order that is acceptable to the ruling regime.

The total impact of the above amendments led to:
- The constitution no longer was the supreme law of the land.
- The state became coercive. It controlled public affairs and strengthened all aspects of
public order and law
- Emergence and predominance of a form of presidency, which was imperial in
character.
- The political arena was limited.
- Mismanagement of public resources was a norm
These aspects of Africa’s constitutional affairs have drastically changed with the onset of the 21st century. In fact the last two decades have witnessed constitutional amendments in African
countries right from Nigeria, Ghana through Democratic Republic of Congo, Rwanda, Uganda
Kenya, Tanzania, Malawi Zambia, Zimbabwe and South Africa. These constitutional reforms
have put in place systems and values of developing democracy in Africa

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Titany answered the question on October 28, 2021 at 12:44