Mrs. Gay Morgan, Waikato University, New Zealand

On November 15, 2006, the first of the 2006-2007 WARC's mini-seminars for researchers featured a presentation by Dr. Gay Morgan of Waikato University, New Zeland. Dr. Morgan spoke on " Du Droit Constitutionnel non-écrit dans un pays colonisé : le cas de la Nouvelle Zélande " (Non-written constitutional Law in a colonized country : the case of New Zealand). Our experts and discussants of the day were Professor Babacar Guèye of Cheikh Anta Diop University, Senegal, and Dr. Marcelin Nguele Abada of Yaoudé II University, Cameroon.

Dr. Gay Morgan of Waikato University, New Zeland

Summary of the presentation:
The colonisation of New Zealand started in the late 18th century when Captain Cook took control of the archipelago in 1796. The site mostly yielded wood for naval constructions, and its surrounding waters were turned into fisheries, mostly for whales. The 1835 declaration of independance by the indigenous people, congregated into the Maori federation, was followed in 1840 by the Waitang treaty, which proclaimed equality between them and the Brittish colonists. This was fake equality since, twenty years later, the latter took control of the most fertile lands. Vote was based on landed property (suffrage censitaire) and nothing but four seats were reserved to the Maori according to an act passed in 1867. In 1872, the 40,000 Maoris living on the archipelago started questioning the Waitang treaty. A century later, thanks to what history has retained as the "Maori Renaissance", a national court was created to handle indigenous issues but this legal body could only formulate recommandations to the government and cases dating before its creation in 1975 could not be addressed. This bolt was finally broken in 1980.
The constitution of New Zeland is an original one since it is not a written one. It is only reinforced by political morality. The Parliament is the top legal institution. Elections are organised every three years and are dominated by two political parties which have to deal with an always "shifting majority" (majorité fluctuante) and "permanent cohabitation" (cohabitation permanente). The ballot is both proportional and local and allows representation beyond the main political parties. The Head of State is not elected. He is appointed by the parliament and serve mostly as a guardian of the Constitution.

Comments:
Professor Babacar Gueye compared the system described by Dr. Morgan with the Canadian experience since the Governor General of Canada is not elected and represents some kind of referee acting above the political arena. This system, which harmonizes tradition and modernity, is not totally unknown to Africans, he said, referring to the Lebu Republic of Precolonial Senegal. Both Professor Guèye and Dr. Marcelin Nguele Abada concluded that this political system is now badly needed in Africa where the presidents are usually actors of the political game and referees at the same time .

Pr. Babacar Guèye, Cheikh Anta Diop University, Senegal & Dr. Marcelin Nguele Abada of Yaoudé II University, Cameroon.(L-R)

Hawa Ba and Francesca Bruschi, both researchers hosted by the West African Research Center, were also present and contributed to the quality of the debate. Abdoulaye Niang and Amadou Dieng made this presentation enjoyable by their technical input.

Dr Mogan presenting her topic

Dr. Ibrahima Seck
AROA Secretary General