DA leadership contenders Mmusi Maimane and Wilmot James clashed in a televised debate last night on whether the Bill of Rights could be changed by a referendum, with James accusing his rival of not understanding the constitution. Maimane said he was in favour of a referendum on issues such as the death penalty and gay rights, whereas James said these were basic rights in a liberal democracy and could not be changed. Both were personally in favour of gay rights and opposed to the death penalty.James and Maimane face off in a DA national congress in Port Elizabeth on Sunday when delegates will elect a successor to incumbent Helen Zille.Moderator Waldimar Pelser asked James to explain why he believed people accused of rape should not be granted bail. James said he believed that in cases in which people were accused of violent crime, it must be difficult to secure bail .Maimane said South Africans were accused wrongly of too many things and that assuming guilt by not granting bail would mean returning to apartheid-style law enforcement.Maimane was grilled on his closeness to the Liberty Church, whose views did not always conform to the constitution.He said "luckily, the church does not make the laws of the land" and that he did not agree with everything his church taught.James said there must be "complete division" between church and state. He also maintained that the DA could not just blindly endorse the National Development Plan but had to set alternatives.Maimane said he supported the NDP, saying it came close to DA policy, although he differed with its specifics on land policy. ..