Constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism : a comparative study of the car. Senegal and South Africa

Abstract

This thesis examines how the constitutionalisation of political parties is implemented in the political systems of the Central African Republic (CAR), Senegal and South Africa, and how this affects constitutionalism and the rule of law. These countries’ different political histories and their successful or unsuccessful democratic experiences make them appropriate for selection in this research. The thesis argues that party constitutionalisation is the expression of pluralism, participation and competition. The constitutionalisation of political parties in modern democracies therefore highlights the relevance of political parties as indispensable institutional components of the democratic system and factors of political stability. The thesis finds that, at various levels, the process of implementing party constitutionalisation remains a challenge in the CAR, Senegal and South Africa. The entrenchment of political parties in national constitutions does not necessarily imply that their constitutional rights and obligations are fulfilled and that government authorities, as primary enforcer of the constitution, ensure that appropriate and enabling instruments and mechanisms are in place in this regard. The thesis therefore recommends the entrenchment and promotion of judicial independence in national constitutions as in CAR, Senegal and South Africa. Specific references to the South African constitutional provisions are made with regard to ensuring judicial independence and setting the scope of judicial review by the Constitutional Court. The thesis also highlighted the need for entrenching transparency and accountability institutions in constitutions as a way of protecting political parties against manipulation and pressure from state actors. It highlights the role of international and African Union human rights mechanisms in promoting constitutionalism and party constitutionalisation.