On the possible legal action against SPLM-DC

Answering Claims that SPLM may take Legal Action against SPLM-DC For use of SPLM abbreviation.

By Charles B. Kisanga

June 10, 2009 — According to Sudan Radio Service(SRS) media, SPLM spokesperson Mr. Yien Mathew was claiming on the 10th of June 2009, to have taken legal action against the SPLM-DC and Dr. Lam Akol for the alleged use of the name SPLM –DC as the new party of Sudan Peoples Liberation Movement Democratic Change The SRS news also said that Yien Mathew claimed hat SPLM-DC is financed by NCP against the mainstream SPLM.

I would like here to clarify a bit on the legal sides of things pertaining SPLM-DC name as well as refuting SPLM claims of NCP funding for SPLM-DC.

First I would like to assure Mr. Yien Mathew that SPLM is not a fanatic thing like when Iran religious leaders used to give supposed heavenly keys to so called martyrs and saying go and get killed and these keys will open heaven gets for you where beautiful virgins will ne waiting for you. There is no body to be brainwashed here like that. SPLM belongs to the Sudanese people as coined by late Hero Dr. John Garang and the rule of political parties does not mean that anybody cannot use any words or term with different logos. Full stop. How will Yien prove that a Sudanese human being owner is better than Dr. Lam Akol and he is the one who owns a group of coined words SPLM? Yien Let us define the words, Sudan, Peoples, Liberation, Movement: Words as old as Sudan and English Language words (it seems the Queen of England gave the last three words to Yien) and he has a certificate from her to present to the Sudanese courts that the words belong to him and abbreviation of SPLM-DC is indeed his. Oh oops he can say the words belong to him by blood and the DNA profile will prove it indeed. The talks of suing is really childish and shows the calibre of the people who claim to rule the South Sudan on behalf of the masses It seems our SPLM leaders have no clue of law and society and they behaved like jungle rule law style. But wait a minute are they not supposed to have lawyers working for them and Yien Mathew and the leadership should consult with them to know where one can sue and where one cannot sue. The childish behaviour of suing over party names shows that the our old SPLM are indeed not for the masses of Sudan and they are just desperate to find any excuse that can allow them as sole players in the field with no alternative so that people can see different style of leadership. So Yien should really be talking about the corruption, tribalism and nepotism and why it is still there four and half years since the signing of he CPA and he should be worrying how to account the misused $6 billion which had been mostly eaten by his comrades. And he will also be telling them to try to bring back the ones not yet eaten and hidden in foreign banks. Other old SPLM leaders who had hand in corruption should be back abroad and start selling the mansions and the luxury cars because SPLM-DC is coming and we shall not leave any stone unturned.

I’m sure every corrupt leader in SPLM know me and my stand on corruption and they should indeed be worried very much now because indeed I’m determined and patient.

Again we have some old SPLM leaders who talk every minute of NCP supporting SPLM-DC as if they themselves are not the partners of NCP. Are SPLM not supposed to be he partners of the NCP and they are supposed to have good relationship with them to the extent that SPLM leaders do business with NCP merchants to the tunes of millions of dollars like the cars deals of Arthur Akuein and the recent case of Dura for cash in Lakes State? If indeed NCP is not supporting SPLM as their partner in Government then why do they not sue NCP and Bashir since this constitute an act of dishonouring the CPA? Which is important? Protecting the abbreviation SPLM or protecting the implementation of the CPA? The CPA had guarantees according to late chairman and hero Dr. John Garang and even we show all the backers and witnesses where CPA was signed in Nairobi. But the SPLM abbreviation has no legal documents to say that words such as SPLM-DC or SPLMP and so cannot be used by any other human being except the ones …. [How can one even define the so called owners even…..it is impossible]?

If SPLM-DC was the ones financed by NCP then old SPLM then SPLM-DC becomes the partners and SPLM goes into the opposition and in such a case SPLM should sue the NCP on the bases there is legal document of partnership between SPLM and NCP which was signed by SPLM themselves. The talk of NCP supporting SPLM-DC is a baseless accusation because SPLM gets all the money it wants from NCP/GoS and it blocks all other parties from having any penny and activities in the South Sudan except those who wants to subscribe to their corruption. We have done nothing since this SPLM-DC party was registered. We had only a few press conferences and volunteers doing their part to support the party and the party have no money except the volunteers’ contributions which keeps it going with few things. I can pose this question to Mr Yien Mathew: “What is the cost of registering a party and what is the cost of calling a meeting of dissident SPLM members so that they meet to agree to break away”? These costs is no more than $5, 000 and so Yien Mathew wants to say we cannot even afford to produce $5000 cost of paper work and cost of registering and a few meetings plus a press conference. So we are so poor that NCP are the ones to finance us with even $5,000. Another question also: How much did it cost Dr. Lam Akol to meet with Eng Kisanga to discuss and agree on SPLM-DC.? Until today, Mr Yien Mathew, it has cost nothing because we are academics and we just correspond by free e-mail and Skype. We can chat and do conference calls on Skype for free and even make a big meeting for free. So all the talks of NCP financing is baseless cheap propaganda by SPLM corrupt leaders. Dr. Lam Akol is an academic who uses the modern communisations revolution to do his job efficiently and at a less cost then Lt Gen Salva Kiir who travels for everything. Recently Lt Gen Salva Kiir flew from Juba to Khartoum just to go and tell President Omar Al Bashir to bar the SPLM-DC because it is using SPLM name. Omar Al Bashir is reported to have told Salva Kiir, he as President, has nothing to do with political parties and their registrations and let him ( Kiir ) to go the Political Affairs Commission The Political Affairs, which even include SPLM members, told Kiir flatly that it is time for democracy and there is no law to bar anybody’s party name as long as they differ somehow and are using different logos. Lt Gen Salva Kiir could have spent almost $30,000 for nothing going to Khartoum for such a petty thing but surely some adviser could a have told him there is noting like that and he should not waste the money to go to Khartoum as poor South Sudanese need that money.

SPLM-PC is the making of the Sudanese people in order to cure SPLM from incompetence and inefficient. Our programmes are financed by cadres of the party some of whom are even paying for me now for my travels. I’m very thankful to those who contributed to my air-ticket recently. For the old SPLM they have all the money the NCP/GoS allows them to loot purposely to destroy South because NCP or North knows the old SPLM guys are fond of money and they will eat it all so that CPA fails as people get agitated in the South Sudan .

SPLM-DC is the savour because we are not there to eat as we are used to modest lifestyles. Whoever thinks of undermining the South Sudan via buying people with money knows they cannot influence Kisanga like those of old SPLM leaders who cannot resist the sight of money and the temptation to eat it. A question to Yien Mathew: Is there any where on earth where you take the first income and swallow it without any remorse. If those members of SPLM were smart looters then they could have said , let us not eat the first amount given by President Omar Al Bashir in 2005 because this could mean the North seeing us as money lovers and then our gaol of librating the people from marginalization and under-development will be harmed. At least they could have taken first amount of $60 million and use it wisely to show that they are strong people who cannot be influenced by money and they will work for the goal of the SPLM. But by eating the $60 milling given by Bashir/NCP to SPLM in 2005 for a specific purpose the leaders of old SPLM destroyed the basis of CPA because the eyes of GoS/NCP opened to the fact that these guys are corrupt and they can be manipulated with money until the South falls back into the hands of North without even conducting a referendum.

SPLM-DC is the way forward. We are for openness, transparent and accountability. If we in SPLM-DC are give $60 million for transporting the Diaspora back home, not only will we use it properly we shall broadcast the news of the money donated over the BBC. SPLM-DC will be open to the people and no secrets of dividing public funds behind closed doors among relatives and cronies. If it was SPLM-DC getting such money then we will indeed transport all the Diaspora until all money is indeed used for that specific purpose and the remainder put in Finance Ministry coffers. How can old SPLM explain the taking of $60 million for the purpose of transport of their officials and set up offices then turn around and eat it all diving it among top leadership in the millions each? SPLM-DC will persecute corrupt officials and they will be fired with no warning. On the other hand SPLM shielded all corrupt people and made sure the Anti-Corruption Commission was just a place for jobs with no ability to arrest and persecute anybody. This is about to change with SPLM-DC where those caught with money bags will be photographed with the money beside them to be shamed in the newspapers, if at all anybody could manage to embezzle anything and try to take it in a coffin abroad.

The above narration about the old SPLM actions can confirm to all the masses the necessity what led people needed to split from mainstream SPLM to form SPLM-DC as the salvation wing. Four and half years is very long time to ignore and keep saying they will change tomorrow. SPLM would never change under those leaders and the only alternative is to make new start with different leaders to show the group is really for change, democracy, equality, transparency, accountability and good governance. This is where the SPLM-DC comes in. Trying to sue SPLM0-DC for name is another sign of incompetence from the SPLM current leader because even they seem now to govern by instinct and not by reality and referring to rule of law which the Department of Justice and Legal Affairs are supposed to afford guidance with for the right procedures for actions by government bodies.

Eng Kisanga is former SPLM NLC member He can be reached on [email protected]