KATHMANDU: Visiting South African Justice Zakeria Mohammed Yacoob today said the legislature-parliament can give a bonus life to the Constituent Assembly (CA), if need be, once the CA term expires.

In an exclusive interview with The Himalayan Times, Yacoob said, “Parliament gave birth to CA and in case CA seems to fail to meet

the constitution deadline,

the drafting process will

not, and should not, be hampered as the parliament holds the right to extend the CA term by amending the constitution.”

However, the Justice of Constitutional Court of South Africa expressed hope that political parties would be able to pull through the prevailing crisis to promulgate the statue by May 28. “Two months will be enough if all the political parties commit to promulgating the statute,” said Yacoob.

“The only concern is whether the parties are ready to work in unison.”

Yacoob, who defines constitution as the supreme draft, underscored the need of an independent body to take a decision whether something is inconsistent with the constitution. “And court is the only appropriate body to interpret the constitution, not the government,” he said.

However, he cited examples of different countries where constitutional courts are established to check on the inconsistencies with the constitution. “I am in favour of a constitutional court. There can be other mechanism as well - an independent body created by parliament or an independent panel of experts with people specially appointed to adjudicate disputed issues that are inconsistent with the constitution.”

The Justice made it clear that such mechanism’s presence should not be viewed as a threat to the independence of the judiciary.

Yacoob also urged the political parties to incorporate ‘realistic’ fundamental rights in the constitution. “Ensuring unrealistic fundamental rights without proper infrastructure in later days may create problems,” he said. Citing prevailing unemployment problem in his country, Yacoob said, the South African constitution guaranteed employment as the fundamental right.

“The government must have proper plans. Even if you cannot deliver today,

you should try your best

to implement the constitutional rights.”

“Fundamental rights cannot be enforced without independent courts. And there should be no compromise with the independence of judiciary. Compromise with judiciary’s independence means compromise with fundamental needs of the people - the backbone of democracy,” said Yacoob.