From administrative to constitutional bodies – The fourth branch of government: Towards the constitutionalization of independent specialized national institutions in Cameroon

Abstract

In this article, I discuss the need to constitutionalize independent national institutions in Cameroon. Even though a considerable number of these institutions exist in Cameroon, for more practical reasons this study specifically delves into the analysis of National Commission for Human Rights and Freedoms (NCHRF) and Elections Cameroon (ELECAM). The existence of these institutions as administrative institutions has opened the leeway for the executive to manipulate them for ulterior motives. As a result, these institutions have failed to fulfil their mandate in terms of post-Cold War constitutionalism requirements intended to restrain the excessive executive power, reminiscent of that exercised by the colonial state. In the aftermath of colonialism, post-colonial state reconstruction aims at bringing about transformative constitutionalism where these independent institutions support and promote constitutional democracy in Cameroon and enforce accountable governance. This article reveals that amending the constitution to entrench these institutions is not enough to guarantee the independence and the transformative mandate that these institutions are vested with. This shortcoming is informed by the flawed nature of the present constitution which is an aged-old ideological document. The existence of this blight calls for the engagement of a new constitution-making process that systematically eradicates the influence of elites. The current system is controlled by ‘strongmen’ due to lack of separation of powers, the resultant constitution should therefore clearly break with this present culture. Given that South Africa was one of the pioneer and unique jurisdictions in the world to entrench these group of institutions genuinely supporting constitutional democracy in chapter 9 of its constitution, I have referred to their constitutional experience to import what practical measures are available not just to enable the constitutionalization of these institutions in Cameroon, but equally their effective implementation. A proposal for the provision of additional post-Cold War constitutional features in the new constitutional design has been advanced in support of strengthening the constitutionalization ambition, without which this design would be nothing more than a dead letter or would fail to achieve its intended purpose.