Namah told reporters today that the amendments to sections 145 and sections 142 of the Constitution made it difficult for the legislature to exercise its powers to remove the executive government with the requirements of 22 signatures and a one month grace period.
“This is a check and balance mechanism provided by the Constitution (which) keeps any government of the day accountable and responsible. The amendments defeated the intent and spirit of this provision,” he says.
Namah says with the court’s decision members of parliaments are now free to move a motion of no confidence against the government.
The Supreme Court judges have declared the following unconstitutional
Sections 145:
-Increase the notice period from “one week” to “one month”
-Increase the number of signatures required to support a notice of vote of no confidence from “one tenth” to “one fifth”
-The grace period to move a vote of no confidence was also increased from 18 – 30 months
With respect to sections 142 the number of sitting days was reduced from 63 to 40 days.