Minister Marial Benjamin wants to kill two birds with one stone
By Dak Buoth Riek-Gaak
I’m an interested party or a friend to the Council of States in the case that saw our governor Dr Joseph Nguen Manyuil Wejang, being grilled and given a vote of no confidence by the Council of States on 22nd August 2022. About three days ago, Council of States’ Speaker, Deng Deng Akon wrote a letter to President Kiir, asking him to remove the incumbent Unity State governor.
In March and April this year, we told our governor, to reign on the rogue commissioners of Leer, Koch and Mayendit counties’ failure to which he should resign or risk being removed. Yesterday, on 25th August 2022, Honourable Cabinet Affairs minister, Dr Barnaba Marial Benjamin wrote a reply letter to parliament in which he seems smart with how he played with words. On the other hand, he, however, appeared to be lacking wisdom because of how he struggled to hide the truth.
Minister Marial’s letter was availed to us, the public on social media, to read and internalized. And because I received and spent time perusing it, I should as well reply to the sender the way I understood it. Based on what we knew, Dr Marial is not competent to commend or speak on such an emotive case because he is not pro-Nuer his parental lineage notwithstanding. Evidently, Dr Marial is always biased. More so, he is not justice oriented.
The things he mentioned in a letter to the speaker mirror the things he said at the onset of the war of 2013. Clearly, his letter is full of the cover-up of his ulterior motives. In 2013, when he appeared in the BBC Hard-talk with Steven Sucker in his capacity as Foreign Affairs minister, Dr Marial denied the fact that Nuer were killed or massacred in Juba. In speaker Deng’s letter to President Kiir entitled ‘‘Withdrawal of confidence from Hon. Joseph Monytuil Wejang the governor of Unity State’’, mentioned about four incidences and cases that made parliament unanimously reach a resolution.
On page one of his reply letter, Dr Marial only acknowledged and mentioned two incidences such as the ambush of SSPDF soldiers who were secretly ferried to Mayom County, and the second was the killing of the Mayom county commissioner, Gen. Chuol Gatluak Manimeh. Minister Marial did not boldly mention the two other cases namely the killing of innocent civilians of Leer County and the recent extrajudicial killings of prisoners of war in Mayom County.
Logically, his failure to mention these two incidents was not by accident but deliberate. Dr Marial’s act of leaving out these two incidences proves his biasness. Furthermore, Dr Marial tried to interpret the constitutional provisions discriminately and in a manner that favours and advances his biasness against the ordinary South Sudanese people of Unity State.
In his letter, Dr Marial repeatedly avers that the Council of States acted ultra vires or beyond their constitutional powers by passing a vote of no confidence. This is partly untrue. How could he question or blame the council of states for acting ultra vires on doing factual and true things that other legal bodies had failed to perform?
It’s common knowledge that the State Legislative Assembly which Dr Marial pointed out as being the right body to pass the vote of no confidence is not functional. Governor Dr Manytuil has suppressed and made Unity State Legislative Assembly toothless and none existent.
Since Unity State MPs took the oath of office I never heard them conducting parliamentary sessions. In view of these, Dr Marial should cease confusing the Presidency by trying to interpret the constitution and the law wrongly.
In my view, what the president could have done was to remove the governor in line with the Council of States’ resolution no. 10/2022. In any case, if the governor and his surrogates feel aggrieved, they should go to the court to seek interpretation and remedy there. But I’m sure governor Manytuil will fear going to court because his legal suit will be thrown out using the maxim of equity which says ‘‘he who comes to equity must come with cleans.’’
A non-believer of the court like our governor cannot be granted his right to be heard in the corridors of justice. Minister Marial’s interpretation and explanation of the relevant constitutional provisions are subjective and wrong. Legally, it is not the function of the Executive to interpret the constitution and the laws of south Sudan. The work of interpretation of the constitution is the preserve of the judiciary that is the reason why I advised that they should approach the court of competent jurisdiction.
SUO MOTO
Let alone the bell ranged by the parliament, the Executive if conscious of the constitution could have removed the governor suo moto or on their own motion, because governor Manytuil overthrew the constitution the day he ordered extrajudicial killings in violation of the law.
This unlawful action was treasonous, and it was an open affront to the South Sudan transitional constitution, 2011. By him taking the law into his own hand, the governor attacked our constitutional sovereignty. Part one section three gives supremacy to the constitution.
The South Sudan transitional constitutional, 2011 is supreme and above the President and the Governor except we, the people that are represented the council of states. When we said the governor should be apprehended, prosecuted and taken behind bars is because he acted dangerously and in contravention of the aforesaid constitutional provisions.
The council of states’ resolution is protected by Part one section 3 which reads that ‘‘Sovereignty is vested in the people and shall be exercised by the state through its democratic and representative institutions established by this constitution and the law.’’
GROUNDS FOR REMOVAL
Naturally, leaders are ejected and evicted from office by any means on serious violations of the constitution that placed them into the office and our governor is no exception. Administratively, when the governor ordered and presided over the extra-judicial killings in Mayom County, he acted inhumanely and in breach of chapter two Articles 11 and 19 of the South Sudan constitution that gives rights to fair trial and right to life and humanity.
REMOVAL GOOD FOR GOVERNOR MANTUIL
Usually, a leader is protected by the people and not necessarily by the police or army. However, if the people lose trust and confidence in their leader, then the leader risks physical elimination. You remember it was the people of Unity State, who first express that they lost confidence in governor Manytuil. In fact, the Council of States is just seconding our documented recommendations for his removal on similar constitutional grounds.
Prior to the barbaric killing of Mayom county commissioner, a senior state official working with the governor was killed in the capital, Bentiu. So, the removal of governor Manytuil is not only good for the people but also for the governor’s own life.
Therefore, any autocratic move by the presidency to impose governor Manytuil is not favourable for the people and the governor himself. Unfortunately, Minister Marial’s response to Mr Speaker Akon shows he is siding with the governor against our wishes and the council of states’ resolution.
Tactically, Dr. Marial and the company knew that imposing governor Manytuil will hurt and make the people continue to suffer and die from lack of basic services. At the same time, they saw the possibility of the governor going back to live and rule in fear for his life. And so, by doing this dictatorial attempt to impose the governor, Minister Marial wants to kill two birds with one stone. Sadly, this tactic is beyond the existing policy of divide and rule against the people of South Sudan. In conclusion, Minister Marial ended his letter by saying they will wait for the committee report to make a determination on the same. This is nothing but a lie. When was the committee formed, and who heads the committee that he was talking about? I think they were trying to kill the case the same way the Leer committee of inquiry chaired by then Water and Irrigation Minister late Manawa Gatkuoth Gual died on arrival.
The Writer is the chairman of Liech Community Association in Kenya, the views expressed here are his own, and he can be reached for comments at [email protected]