INSTITUTIONS
The President of the Republic is the arch bearer of Cameroon’s political system. Head of State, he embodies national unity. The Constitutions confers on him very important powers. He defines the policy of the Nation, watches over the respect of the Constitution, ensures through his arbitration the regular functioning of public powers.
He is the guarantor of national independence, territorial integrity, functioning and continuity of the State, respect of treaties and international agreements (Section 51. The central position occupied by the President of the Republic in Cameroon’s institutions is justified by the fact that he is the elected of the entire Nation.
In accordance with Law N° 2008/001 of 14th April 2008 to amend and supplement same provisions Law N°96/06 of 1 8th January 1996 on constitutional revision of 2nd June 1972, the President of the Republic of Cameroon is elected for a mandate of 7 years and is re-eligible. The head of Cameroon’s Executive is elected through direct universal suffrage in a round and by majority of volid votes.
Section 8 of the Constitution affirms that the President of the Republic represents the State in ail acts of public life. He is the head of the Army. He watches over the internal and external safety of national territory. He accredits ambassadors, and he receives extraordinary envoys of foreign powers accredited to Cameroon. He promulgates the laws. He exercises arbitrary right after consulting the Supreme Magistracy Council. He exercises statutory power.
The President of the Republic creates and organizes State’s public services. He appoints in civil and military posts. He can dissolve the National Assembly (Section 8).
The President of the Republic can declare by decree state of emergency, which confers on him special powers. He can also by decree declare a state of siege and take any measures as he may deem necessary (Section 9).
The President of the Republic appoints the Prime Minister and, on the proposal of the latter, other members of the government.
He fixes their attributes and terminates their functions.
Legislative power instituted by the Constitution is exercised by a bicameral Parliament:
– The National Assembly whose members were elected on 22nd July 2007;
– The Senate.
In its provisional and final dispositions, Law N°96/06 of 18th January 1996 on constitutional revision of 2nd June 1972 stipulates that the National Assembly exercises full legislative power and enjoys full parliamentary prerogatives until the Senate becomes functional. The National Assembly has 1 80 MPs ail elected by direct and secret suffrage for a 5-year mandate. Each year, the National Assembly holds three ordinary sessions for a maximum duration of 30 days each (Section 15).
Section 19 of the Constitution provides that the National Assembly adopts laws in the simple majority of deputies. The initiative of a law belongs to the President of the Republic and Parliament. Section 26 precises the domain of the law, among others:
- Fundamental rights, guarantees and obligations of the citizen;
- Status of persons and property regime;
- Political, Administrative and Judicial organization;
- Financial and patrimonial matters, in particular on the system of issuing money, budget, creation of taxes and duties as well as recovery methods,
- domanial, land and mining systems, and natural resources system;
- Education system.
The Prime Minister is Head of Government and he directs its action. Constitution imparts to him the responsibility for the enforcement of laws.
He exercises statutory authority, appoints to civil posts, subject to prerogatives of the President of the Republic in these domains (Section 12).
The Government implements the policy of the Nation as defined by the President of the Republic. It is responsible before the National Assembly
(Section 11), one of the two Houses of Parliament.
The Constitutional Council is one of the newest institutions created by Law N° 96 /06 of 18th January 1996 on constitutional revision of 2nd June 1972 (modified by the Law No.2008/001 of April 14, 2008).
In Section 46, the Constitution defines the said institution as the competent authority as regards constitutional matters. It rules on the constitutionality of laws. This regulatory organ oversees the functioning of institutions. It rules supremely in its domain of competence, which focuses among others on the following points:
• The constitutionality of laws, treaties and international agreements;
• The internal regulations of the National Assembly and the Senate;
• Conflicts of competence between the State’s institutions; between the State and Regions; and between Regions.
Section 48 stipulates that, the Constitutional Council watches over the regularity of presidential and parliamentary elections as well as referendum operations. The Constitutional Council proclaims the results of these various elections.
The eleven members of the institution are appointed for six years eventually renewable. Appointed by the Head of State, they are designated according to Section 51, as follows:
– Three members including the President of the council by the President of the Republic;
– Three by the Speaker of the National Assembly with the bureau’s approval;
– Three by the Chairman of the Senate with bureau’s approval;
– And two by the Supreme Magistracy Council.
Created by the Constitution (Section 54), the Economic and Social Council is governed by Law N° 86/009 of 5th July 1986.
It is seized by the President of the Republic for request or advice.
This is obligatory for opinion concerning bill programme or planning relating to economy. The Economic and Social Council has 150 members appointed by presidential decree.
Since 1986, with the abandonment of the 5-year plans, the Economic and Social Council was no more seized.