SPLM veterans criticises Salva Kiir management of South Sudan

May 9, 2007 — After the CPA and the formation of all levels of government in the South, it was every one’s hope that things would change for the better. People of South Sudan thought they would then enjoy efficient services, good governance guided by the rule of law and respect for the human rights. Regrettably, neither respect for Constitutional principles nor social development exists in South Sudan today.

Despite the receipt of millions of dollars from the oil revenues, all essential services such as health, education, clean water, electricity and safe roads are unavailable in South Sudan. While the people continue to suffer due to lack of services, some SPLM officials and GOSS ministers are quietly siphoning off public funds into their private bank accounts abroad. Despite a declared war on corruption by the GOSS President, none of the culprits have been charged. Arthur Akuen Chol has been released from jail by paying $2 million as a bail. He is now waiting for President Kiir to reinstate him as a Minister of Finance. South Sudan has no leader who should find out where Arthur Akuen got $2 million dollars to pay as bail.

As if these are not enough problems for the people of Southern Sudan, another problem has cropped up recently. This time it is the President of GOSS that is dismantling his own empire by assaulting and usurping the powers of the states. The SPLM resolved since 1994 that Southern Sudan or for that matter, New Sudan, would be administered under a decentralized system of governance. After the CPA this resolution was enshrined in the Interim Constitution of Southern Sudan and those of the ten states of the South. According to States’ Constitutions, the Governor appoints and relieves Deputy Governors, state ministers and commissioners. It is abundantly clear in GoSS’s Constitution that President Kiir has no Constitutional authority to reshuffle the executive branch of any State government in South Sudan. The power to do so is bestowed upon the governor of any state. Once the state governor completes reshuffling, he would then inform the President of the South in order to affirm the reshuffling. This does not mean that the President of the GoSS has any power to decide who should be a Minister or a Commissioner in any given State. In Constitutional law, it is the governor of a State who should reshuffle his cabinet in accordance with the provisions of Wealth-sharing Protocol of the CPA.

Tragically, President Kiir bypassed principles of Constitutional law known to civilized human beings and began reshuffling State governments himself rather than affirming the actions of state governors as it is warranted by the division of powers between the GoSS and the States. Although President Kiir should be excused for not knowing anything about the division of powers between Juba and State governments, his violation of the states’ rights is a dangerous precedent that may have regrettable ramifications for the political stability of the South. This is not only a flagrant violation of the constitutions but also an intended attempt to centralize the political and administrative systems in the South leading to autocracy, dictatorship and Edi-Aminization as was the case during the liberation war. It is an irony that Mr. Kiir who accused Dr. Garang of dictatorship during his brief aborted coup attempt could today work to usurp the powers of the states and of the people.

It is also unfortunate that while the GOSS President is violating the constitution, his advisor, the minister for Legal Affairs and Constitutional Development is sitting tight-lipped. He has failed to advise the president and to protect the constitution. The people of Southern Sudan have been patient over two years while Mr. Kiir and his ministers mismanage the affairs of the South. They are unlikely to keep quiet this time when their gains and rights are being slowly withdrawn. It is obvious that Edi-Aminization of the South by Salva Kiir will ignite popular uprising that may negatively impact the CPA.

We appeal to the GOSS council of ministers to discuss with President Kiir and to refrain him from usurping the powers of the States and of the people. We also call on the South Sudan Legislative Assembly to intervene urgently before the South is thrown into a state of unconstitutional autocracy, dictatorship and chaos.

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