Why have constitutions in Africa failed to stand the test of time?

What you need to know:

  • In Zimbabwe, after 33 years, their Constitution has been amended 20 times while the Kenyan Constitution has been unwrapped 50 times by 2010.

Since the mid-1990s, many African countries have gone through unprecedented wave of constitution crafting. Most African countries have gone through an era of coup detats, rebellions and slaying of political leaders. The cardinal reason of re-writing many of the constitutions in Africa was meant to create political stability following the numerous coups in the continent.
By 2015, more than 50 African nations, including Uganda, had either written or modified their constitutions. Uganda re-wrote its Constitution in 1995, which was regarded as the re-birth of political stability after a long history of political turbulence.

The citizenry hoped that at last, the 1995 Constitution would stand the test of time unlike the previous three constitutions of 1962, 1966 and 1967 that were abolished or abrogated after a short period.
In less than 20 years after the promulagation of the 1995 Uganda Constitution, more than 130 amendments have been proposed.
In Zimbabwe, after 33 years, their Constitution has been amended 20 times while the Kenyan Constitution has been unwrapped 50 times by 2010.
The ammendments that have been done on these constitutions have not been aimed at improving the economic , social or cultural conditions of citizens, but to weaken the existing Constitution for the benefit of the political leadership.

The tide of democratisation through constitutionalism in Africa had generated expectations of peaceful change governments and ending the era of tyrants, corruption, dictatorship and authoritarian rule. Africa had made political instability, civil wars, conflicts and dictatorship as a defining brand name for the continent.
Sadly, African leaders today change their country’s Constitution basically to legitimise their dictatorial regimes. They do this mainly to hoodwink the donor community that democratisation is taking place in their country.

In Uganda, the presidential term limits in the Constitution was recently amended even before it was tested. Less than three years after the promulgation of the 1995 Constitution, a Constitution Review Commission was established to review it. This uncertainty is the primary reason for political instability, sectarianism and poor economic performance in the country.
The reasons why constitutional instability has persisted in Africa is buttressed in the greed of many African leaders to stay in power. Constitutions are liable to amendment. Granted. But this can be done in response to the political, economic, social and cultural dictates of the time, not at the whims of those in power.
Percy Mulumba,
Kampala