Sudan’s WES Governor Zamoi: What a brave leader
* By Lewis Samson Kandi
August 14, 2006 –Time has come for the Masses of Western Equatoria State and the Southern Sudanese people at large to witness the mis-trial of our chosen Governor of Western Equatoria State Col. Patrick Zamoi after his suspension and placement under house arrest for a period nearly 3 months. Col. Patrick’s reaction of refusing to sign the unconstitutional document presented to him by the investigation committee reflects that he is always the Patrick we have known to be; brave, strong and stands for his right whatever it costs him. Strong leaders such as Col. Patrick have clear signs classifying them from other selfish and corrupt leaders and are always known by the decisions they take when encountering problems.
Suspension from political positions, imprisonment, torture and life threat will never have effect on such a leader as Col. Patrick because he is not a coward person who disowns himself or his community for the sake of self-interest in whatever form that could be money or positions unless he gives up or alters his decent principles of an exemplary leader. Western Equatoria State in particular should be proud of leaders like him because that adds the number of great heroes that the Western Equatoria State had before. Great names should not remain only those we always echo in history but we should look ahead to nominate many others through out the generations.
The GOSS Government through the decree issued by the President of South Sudan which ended Col. Patrick (Governor of Western Equatoria State) in house arrest could be an awkward plan to make Patrick think twice about his position and submit himself to be one of those YES SIRs in order not to loose his position as Governor of Western Equatoria State, but to their surprise Col. Patrick seems to be gaining more strength and dynamic power which now enables him more of challenging those so called investigation committee which is still proceeding in an unprofessional manner by denying him access to legal self-defense and legal consultation from his legal representatives. This could also be another plot cooked with more care to end Col. Patrick Zomai behind bars and out of the political arena during his forth coming trial. Who knows how the judiciary committee in the South Sudan Justice and Law Ministry will cast their verdict since more likely that committee will be formed of the same category of the so called investigation committee.
Though the minds of some have started to forget Governor Col. Patrick Zamoi because of his disappearance from the South Sudan political arena Col. Zamoi is still and will ever be the first choice of the people of Western Equatoria State if not in the political position then he will duel in the hearts of 99.9% percent people of Western Equatorial State or Region for the courage, development initiative, loyalty and the great contributions and struggles he made during the fight for freedom and liberation and after he became the Governor. Its clear that Col. Patrick is an active part of the revolutionary journey which might contribute to the State of Southern Sudan or New Sudan in 2011.What has happened to Col. Patrick from the time of his appointment to the time of his arrest, will ever remain in the hearts of WES people and all those who are predicted to be lovers of Democracy and Human Rights. GOSS should act wisely and professionally.
Zamoi is our Mandela of South Sudan
On another note, it is clear that H.E Colonel Patrick Zamoi is the shining star of this on-going episode as he is quickly being compared to Mandela of South Sudan. His crucifixion and suffering for the sake of his people is now an example of heroism and nationalism. GOSS’s “own destructive goals” have reached a record high. So much that they are instrumental in losing their position in the Premiere League. Do you know where most of the goals that sent them tumbling down the Division came from? Well it came from no one but them and their own blunders. If GOSS is a professional cabinet, they could have advised our Honorable President, H.E Salva Kiir as to the right steps to take if they wanted to ensure Zamoi arrested or suspended, but since some in GOSS still think that they are still in the bush, took a wrong turning which has not only proved to be their own doing, but has wiped every shred of respect most of us owd them.
By falsely accusing Zamoi and taking illegal steps to oust him because of the fear of his emerging popularity, they have not only raised his profile worldwide, but they have helped to raise him in the league of Martyrs and Saints. So much so that people who never liked or knew of him now love and cherish him. We have seen messages from boys, girls, men, women from all Sudanese ethnic groups and all walks of life. I am very proud to be one of the people of Western Equatoria State who have stood in the face of Tyranny and Bullies. Without guns we can hit hard and slay a tyrant and a liar. One of the Southerner leaders known of personal envy of Zamoi lied to the public saying that he has no problems with Zamoi, well the rope of a lie is very short and I have evidence that not only did he have a big hand in Zamoi’s arrest but he also is sustaining pressure on H.E. Salva Kiir not to look into the case. This has made me think why does Salva Kiir let himself to be pushed about? Why does Kiir allow himself to be forced into taking controversial decisions that could have serious repercussions at this crucial time that all Southern Sudanese and peace loving people need each other more than ever before in the history of the up-coming Southern Sudan nation?
Salva might succumb to the bullying of the cabinet Ministers (who some by the way tried a feeble and ill advised coupe on him recently and failed and ran into hibernation abroad ) and refuse to look into the case of the Governor. The more Zamoi is kept under illegal arrest, the more his popularity will rise and the angrier we the people of Southern Sudan and of Western Equatoria State in particular become. The more Salva is advised to work for the destruction of the CPA and disunity in the Southern Sudan masses, he should know understand that injustice will only lead to disunity and chaos.
Violation of the CPA and Interim Constitution for Southern Sudan
The arrest of Col. Patrick Zamoi, is a clear violation of both the CPA and constitution of Southern Sudan as stipulated in article 1 (2) of the Constitution of which warrants justice, equality and respect for human dignity, advancement of human rights and fundamental freedoms. The detention of the Governor and the mistreatment of his family by armed security men is a gross violation of all norms of human rights and human dignity.
Col. Zamoi has been arrested despite Article 23 (5) of South Sudan Constitution which clearly states that “every accused person shall be have right to trial in his or her presence in for any offence and without undue delay”.
In the case of Col. Patrick Zamoi, he has been in detention without trial now for nearly three months which is a violation of the Southern Sudan Constitution. An accused is supposed to be informed of the reasons for his detention and should be brought before a competent court of justice immediately.
Despite the fact that the constitution says an accused shall be judged by an impartial, neutral and competent Court of Justice, a committee made up of three people has taken place of the court of law. Col. Zamoi’s case is being handled by the same committee that recommended suspension and arrest. There is no way that somebody can steal my goat and yet sit as the judge of the case as he is holding my stolen goat. From the legal perspective, the accuser cannot be a prosecutor and a judge as at the same time.
History has proved that even coercive government like that of Adolf Hitler, Benito Mussolini and Apartheid of the Boers in South Africa did not resort to that.
When the three-man committee recommended suspension of Governor Zamoi to the President in June, all the evidence against Zamoi should have been given to government’s attorneys, who should prosecute the case in court. If an impartial judge is convinced beyond reasonable doubt that Gov. Zamai was guilty of said offences, then the court should have sentenced him according to law.
Despite these clear set legal guidance, Governor Zamai presumed guilty before any trial. This violates article 23 (1) of South Sudan Constitution which unambiguously states that “an accused is presumed innocent until he or she is proved guilty by law beyond any reasonable doubt.
H.E. Lt. Gen. Salva Kiir must understand article 23 (3) of the Southern Sudan Constitution which he signed states that “in all civil and criminal proceedings, every person shall be entitled to a fair and public hearing by a competent court of law in accordance with procedures prescribed by law”. In the case of Zamoi, an impartial, unfair three-man committee replaces the Court of law.
The Presidential decree which suspended and arrested Col. Patrick Zamoi itself violates the Southern Sudan Constitution. An executive or presidential decree can suspend a Governor pending investigation, but has no constitutional basis to put him under house arrest at all, and moreover for nearly three months. Decree No. 42 issued by H.E. Lt. Gen. Salva Kiir is seen as mockery of the same justice for which the SPLM?A fought the Islamic fundamental regime in Khartoum for over two decades.
We feel that the Government of Southern Sudan should not follow the foot-steps of Jalaba rule, which has been rejected by the Southern Sudanese people. According to he Southern Sudan Constitution, the SPLA military intelligence should not be appropriate organ to handle the case of Governor Zamai. Article 160 (4) (a) of the Constitution gives the police the mandate to maintain law and order meaning and therefore, should be the one handling the case of Governor Zamoi instead of unfair tribal security organ, which has no respect for human rights and rule of law.
The South Sudanese Public calls upon Lt. Gen. Kiir to immediately release and reinstate Governor Patrick Zamai. Those who are responsible for the on-going injustice will be haunted by their own actions.
* The Author is Sudanese Citizen currently living in the USA and studying a post graduate degree in Engineering. He can be reached at [email protected]