South Sudan cabinet passes transitional constitution
May 5, 2011 (JUBA) – South Sudan’s Council of Ministers has passed the long awaited four-year transitional constitution, giving more powers to the President of the would-be Republic of South Sudan, from July 9.
The document was presented to the cabinet on Wednesday by the chairman of the technical committee drafting the transitional constitution, John Luk Jok, minister of Legal Affairs and Constitutional Development. The cabinet passed the document almost in its entire form as presented by the technical committee with very few amendments.
The minister of Telecommunications and Postal Services, Madut Biar, who acts as official spokesman of the government, told the press after the meeting that the issue of land has been resolved in the constitution. “Land belongs to the community but shall be regulated by the government,” he said. He said it will be divided into three categories: government, community and private lands.
He also explained that the transitional constitution has also stipulated that the police forces, their officers, shall be trained nationally and deployed to the ten states by the would-be national government, and not necessarily to states the recruits hail from.
Decentralization is encouraged in the document while the proposal for a federal system in all its forms will need to be studied first before any adoption in the next permanent constitution by the end of the four-year transitional period.
The powers of the president were strengthened for the next four years from July 9. While the transitional period is stipulated to be four years, the tenure for President shall revert to five years.
The president, according to the document, shall have the power during the four years of transitional period to dissolve a state government and fire an elected state governor if situation necessitates. He can also declare war and state of emergency without necessarily consulting with parliament.
During the two months of discussions on the draft document, technical committee members explained that the coming period needs the additional powers for the president.
The constitution has also provided for inclusion of Abyei as part of the territory of the Republic of South Sudan. Earlier, President Bashir of Sudan threatened to withdraw his recognition of South Sudan independence if the region unilaterally annexes Abyei territory to the new born nation.
The document also provides to accommodate in Juba national parliament all the elected members of South Sudanese parliamentarians to the national assembly in Khartoum irrespective of their political parties.
The same applies to the 20 members elected to the Council of States in Khartoum. The current parliament in Juba shall be expanded for the purpose as well as create the Council of States in Juba, making the new parliament bicameral. South Sudanese elected to Khartoum state assembly shall join their respective states parliaments in South Sudan, the document has stipulated.
Additional 66 members from various political parties shall be appointed by the president to the transitional parliament. 30 other members shall be appointed to the new Council of States, making the total 50, from various political parties.
In case the post of the president falls vacant within the first one year of the transitional period from July 9, the document says the political party, on whose ticket the president was elected, shall nominate his successor within 14 days. If the vacancy occurs after one year of the transitional period, then elections shall be conducted to fill the vacant post of the president.
There shall be formed a constitutional review commission that shall call for constitutional conference during the transitional period to work on a permanent constitution that shall take effect after four years. The permanent constitution’s process is expected to be completed by the last year of the transitional period.
The Council of Ministers, after endorsement of the transitional constitution, directed the minister of legal affairs and constitutional development, John Luk, to table the document before parliament for final approval.
After endorsement by the parliament, the document will be signed by the president on 9 July, and to immediately come into effect.
South Sudan was granted the right to self determination through a 2005 peace deal that ended decades of conflict. A referendum in January saw an overwhelmingly vote for independence.
(ST)
Mr. Truthteller
South Sudan cabinet passes transitional constitution
Wow! What a pro-dictatorship transitional constitution!
Well, many people speculate that John Luk’s committee reluctantly submitted to Salva Kiir’s demand for more powers. Unfortunately, this includes powers to dissolve elected governments and dismiss elected officials. What a democrazy!
So those of John Luk complied with Kiir’s demands because of the threats against them but then also strike back at Kiir by using his demands for more constitutional powers as a means to expose him to the people of South Sudan and the world as a dictator and the obstacle to true democracy in South Sudan.
Another speculation is that, well, John Luk and his committee might have thought, well, provide such presidential powers to him so that the next president, not Kiir, will use them during the transitional period to control any situation just in case.
Others say, no, John Luk and colleagues in the technical committee voluntarily agreed with Salva Kiir to appease him with such extraordinary powers so that he accommodates them as he wishes on July 9, including, may be, appointing one of them as Vice President of the Republic of South Sudan.
Which is which?
Dinka Dominated SPLA
South Sudan cabinet passes transitional constitution
Yeah gatwech why do you care since you are nuer? don’t late it give you a fever yet,
Go back to Ethiopia where coward nuer came from,
I know guilty minded are alawys affected by realities, so you can cry but it work without so called opportunist oppositions, Even your doom wicked oaf gang murder Riek machar tenydog was told to shut up in discusse anythings with opposition gangster or he will face the consquence of collaboration with nyagateen ever years,
You know what he [riek doggon]did? he put his tall betwen his legs[ass]like dog and walk a way becaused the Benydit mean Benydit talk,
death to wicked riek machar tenydogz,
Land-of-Cush
South Sudan cabinet passes transitional constitution
When your leader look so belind all people will look belind too.When your leader got no skill, no strategy too he/she may turn black and red eyes shortly with no faith. This Government under Kirr leadership will never ever acheive anything at all the finishing of four years period will be like 21 years fought between north-south believe me or not.Even Kiir supporter will regrete latter from this policy otherwise something will break unlikely than what happend in Arab nations.I never hear any single word from him about what he going to do after 9th July neither developments or peace promotions.
Let me just wait for belind comenters to said.
Mr. Truthteller
South Sudan cabinet passes transitional constitution
Dinka Dominated [in] SPLA,
So you are one of the big Dinka benylueths and was there in the meeting, ah?
Please let me advise you with this wise saying, ‘Don’t dig deep a pit in the backyard of your neighbor to trap him, because you yourself may fall into that deep pit.’
You may wake up one day and cry to the fact that the powers put there will be used by somebody else, not Salva Kiir.
I hope you will like it in 14 days.
rossbelongstoall
South Sudan cabinet passes transitional constitution
Sorry Mr. President but I did not vote for this last January!!! I voted for a free and democratic South Sudan and not this. My to-be new country has already been hijacked, a very sad day indeed.
amon
South Sudan cabinet passes transitional constitution
Land grabbers are no happy because they are going to lose the land that they had acquired illegally.
Mr. Truthteller
South Sudan cabinet passes transitional constitution
Amon,
The lands grabbed can be declared privately owned by the grabbers on July 9. So, they may not cry but instead rejoice.
Lo Isu
South Sudan cabinet passes transitional constitution
BREAKING NEWS.
In Juba currently Dinka have resorted to climbing to the top of telecommunications masks and demand that the president pays them ransom to meet their family requirements lest they jump to their death. Interestingly the president and his cronies condone such by paying them off.
In fact, from October 2010 to date 4 people have successfully been paid off by Mr President.
The worst occurred yesterday around kololo where an SPLA major climbed the mask and asked the government to mediate for the return of his wife whom the in laws had taken for his failure to feed her and the children. The dude tabled for thousands of pounds from the government.
When will this people learn to be responsible?
Deng Muor
South Sudan cabinet passes transitional constitution
To those who are criticising the president are just wasting their time. He’s our president. Not just sitting on the internet 24 hours criticising your country. We should have respect to those women and men who illiterate in the country. They’ve their voices to be heard too. By Deng Muor
Ariambek
South Sudan cabinet passes transitional constitution
Even though you cry, there is no farmer who had tilled the land and will not enjoy his/her good harvested. Please, take care with president Kiir and his supporters to test the fruits of 21 fighting with Arabs and collaborators.
Dr.Ariambek
Ariambek
South Sudan cabinet passes transitional constitution
Even though you cry, there is no farmer who had tilled the land and will not enjoy his/her good harvested. Please, take care with president Kiir and his supporters to test the fruits of 21yrs fighting with Arabs and collaborators.
Dr.Ariambek
Ahmed Chol
South Sudan cabinet passes transitional constitution
CAUTION: WAR AHEAD
To GOSS and everybody:
ref: Kiir and other future Presidents of South Sudan
There should be term limit in the constitution otherwise there will be waves of rebellions when one person becomes addicted to power like Museveni, Mubarak or Zenawi. The situation will be worst than being in a United Sudan. Those who are keen should realize that part of the reasons why we fought with north was power and lack of development. There was little or no hope that a southerner was ever going to rule in Sudan because of the way the constitution was set up. Yet we had the right to contest and become presidents just like anybody else in the north. Now South Sudan belongs to us all, everybody is equal, whether from a Minority or from a Majority tribe which is good according to the constitution. But this will not be cherish if few things are not straighten out in the constitution. The ball will play on half of the chord all the time like it was in the United Sudan. We all need to be open minded otherwise we will not get the best people that will steer our country in the right direction. The Arabs are gone but if we are not careful, our constitution will create an Arab among us. That Arab will be in the image of your brother and will oppresses you. Everything seems right when it is our turn, but I know that we will be the first to complain when somebody becomes the president for 20 years when there is no term limit.
Also the the constitution says that the incumbent president can select the electoral committee which supervises the election and announces the results of the election. This is is a dangerous clause. Members of the electoral committe will not be fair to other candidates during elections because they will always do what pleases the president or their lives will be in jeopardy. Along that road the gains are high, the glory is temporary, the damage is permanent and end is regrettable!. Think about it and ask Mubarak or Gadaffi if you have any doubts.
Our generation of Jesh-Amershould refuse to take this road of disaster.
Ahmed Chol, whatever begins in anger, ends in shame
Mr. Truthteller
South Sudan cabinet passes transitional constitution
Dear South Sudanese,
It is now very clear that Salva Kiir Mayardit is against his mentor and deputy President, Dr. Riek Machar Teny-Dhurgon. Why have I said this?
Well, Kiir as predicted by Ngundeng has proved to possess many colours (Kiir nyal-ding), or Kiir of many colours. Today he possess this colour (thinks this way), tomorrow he appears with a different colour, (thinks that way.)
I was following the presidential election last year in April when he declared Dr. Riek as his running-mate similar to the American system of ‘running-mates’. Even though the issue was not put in the interim constitution, the ruling party (SPLM) accepted that system in their political bureau. So both Kiir and Machar were elected by the people. Without Dr. Riek Machar, Salva Kiir would not have won the election. That is a hard fact.
Now in the transitional constitution, Kiir allegedly directed the technical committee to write that if his post falls vacant within a year after July 9, his successor will have to be nominated by the SPLM party. That amounts to rebellion against his deputy, Dr. Riek Machar, in the government and party.
What about Dr. Riek Machar also being his running-mate and also happens to come from the same political party (SPLM), and are both the most senior leaders in the hierarchy of the party.
Would Kiir have been happy when Garang died if Riek or any other junior official wanted the position in disrespect of the hierarchy? I guess he would have screamed.
And now coupled with the running-mate system, why would he want to look for another person in the party? Is that not betrayal? Or does Kiir think he was clever and lied to Machar so that he made him win the election but would still refuse him to be his successor? This latest conspiracy invites the final demise of the party (SPLM) ones and for all, or will turn into minority party.
I thought the so-called transitional constitution would have stipulated the following:
“If the post of the president falls vacant during the transitional period, the Vice President (elected and SPLM party member) shall take over the responsibility and finish the remaining period until elections are held at the end of the transitional period.”
“And if the Vice President comes from a different political party, then the post shall be filled by a nominee from the president’s party, who will then call for presidential election within ninety (90) days.”
Those members of parliament in Juba should take this issue seriously during their approval of the transitional constitution if they are there on behalf of the people to legislate laws from a fair constitution.
They should also adopt federalism as the best system in South Sudan beginning from the transitional period.
Dinka Dominated SPLA
South Sudan cabinet passes transitional constitution
gatwech?
I’m going to leave you to crying because i can’t help in this situation, when we fough Arab, most of the so called opposition opportunist were enjoying in their comfort in khartoum lying that they were presanting southses in the NIF gov,and the So called Dr riek machar was busy selling south sudan for food in order to survive, after hearing that south sudan or SPLA is making peace with bashir, he rush to serunder himslef to SPLA/M in order to get position as he is already been knew by his political opportunist lives,
The greater the loyalty of a DINKA toward the DINKA, the greater is the motivation among the members to achieve the goals of the DINKA/ south sudan, and the greater the probability that the DINKA will achieve its goals without doubt we did and anybody who is doubt can go and negotiate with Arab to see wheather he will be greanted any power sharing.
So mr Gatwech cry but the deal has already been made, no room for whoever stabbed the SPLA/M at the back, no room for those who has deffected from the SPLA/M,
Angelo Ajiech Manyuat
South Sudan cabinet passes transitional constitution
Those who wrote this draft constitution gave more power to the president and that’s how African presidents stay long in power or rule forever. In other words, this draft constitution also never mentioned the role of the vice president while it was (who the same SPLM) who had created this position in the first place. As a matter of principle, I’m just a little curious as to why this draft constitution is written. In addition, I’m not campaigning for the vice president to take over after the post of the president becomes empty, but I disagree according to the way this draft constitution is written. In reality, I’m a diehard SPLM supporter but I will watch & see how this country is going to be stable while one party left no room for other Oppositions. We need a strong constitution that unified us & reject the practice of tribalims and corruptions in this new country so that we’ll be different from other African countries in term of governancs.
Dakin
South Sudan cabinet passes transitional constitution
@gatwech.
This arab collaborators of a united sudan are nothing but doomed to death fellows in our democratic s.s. Leave them alone, their shortlived greed will soon disappear in mid-air.
Michael
South Sudan cabinet passes transitional constitution
I do NOT agree with the constitution in it current form because the government has forgotten the people who were fighting the war. Why? Starting with appointment of bloated government with unnecessary ministries and now bloated paliament which is not needed. What it’s is that the money is only being consume in Juba without reaching the people who made this struggle happened. I feel like the corruption that president always talk about on the podium and does nothing about it in his office starts with him by support a big government(ministries and paliament)he does not care about the left behind. This simple objection to the governemnt is made bad though by the tribalist who only want their tribes to be the government.
Waucity
South Sudan cabinet passes transitional constitution
Mr. truthteller, you are a very ungrateful human beeing..Not once have you ever offer any solutions to issues, just shut up
Emmanuel Ajang Solomon
South Sudan cabinet passes transitional constitution
Dear, all what is important at the moment is will our country be free from 9th july 2011 onward from Khartoum? If Yes, my brothers, even children knows where we went wrong as new Goss.Roads are to be from 8 corners of our borders,Hospitals, schools and community farms,
The issue of making the Government Ministries our tribal strong holds should be left to Arabs as it was were we got it from.
Dear,brothers the history of the War is well known in Sudan and for that matter, Those of Chief of Staff James Hoth Mai,John Kong Nyuon Even Demai Peter who fought the War of Yei knows the total number,but the issue is we are all free.
We have to start development or else we shall talk for nothing.
Padiet Deng Alony
South Sudan cabinet passes transitional constitution
Congra to SPLM no chance for opportunists to play around.
no need for you guys to worry it is interim constitution let wait for the permanent constitution of Republic of South Sudan after 4 years.
No chance for those opportunist parties to rule the South, they will be given chance to rule after 21 years or after every thing is arranged well by the mighty SPLM
Wen De David Kuol
South Sudan cabinet passes transitional constitution
Dear Readers,
This Constitution stipulated by Legal Affairs is binding and the SPLM stand firm to make it works out. Selfish and greedy Politicians mess up our constitution by blocking it but finally it’s out of their ways, death to them for being selfish..
We didn’t shed blood for Returnees politician to make our lives difficulty; we aspire and Vote for President Kiir Mayardit to serves for Five Year Term. Whoever claims that Constitution is not favoring should actually waits for the Final and Permanent Constitution in 2017 were we will Vote for it.
Please for heaven seek, No Day that Dr. Riek will make it to be President of the RoSS. Confuse leader whose brain keep jumping like a poisoned Dog. He has no aspiration of prosperous South Sudan. His only ambition is to sponsor Terrorist like his friend LRA Masterminded Joseph Konyi whom his interest is sabotages the Stability South Sudan collaborated with Riek to take Power in South Sudan and Overthrow President Museveni of Uganda as strategic Core ambition.
As parlay don’t say Nuer community got no leader who shows sense of Patriotism but NOT Riek whose ambition is too dangerous to Southern Sudanese.
President Kiir will survive this crisis created by his Government ran mate. Don’t feed us with mixed ideologies of so called Ngundeng or Chok Deng. He was witchcraft; whoever developed his mind on witches sought ruins lives.
Keep South Sudan freed from bad fate.
To you guys, I don’t see difference between Mohammed Harun the mosted wanted criminal and Mohamed Bahsir who echoing War and one the stage Dancing is Riek Machar. Forth forgetting that Ocampo will pay a silent Visit to South Sudan to investigate War crime committed by Riek, Lam Akol and the Boy prisoner Gabriel Gatwech Chan in South Sudan. Take them to ICC to answer for themelves ambtiously.
SPLM and Salva Kiir Oyee,
New Draft Constitution Oyee
South Sudan Oyee.
Hordhim,
Kampala,
Paul Ongee
South Sudan cabinet passes transitional constitution
Ya Truthteller, Ahmed Chol and the likes,
We’re not a war with southern Sudan opposition parties. Period. They have the right to walk out because the constitutional review wasn’t meant to create a position of Prime Minister which Lam Akol is eying and longing for. If it’s done in Zimbabwe and Kenya it doesn’t mean it should also be replicated in the nascent country of South Sudan without considering its “unfinished political business” with Khartoum which Lam Akol and the other opposition party leaders are part and parcel of it.
The issue here is, does the current political situation of the nascent nation justify the claim of the opposition party leaders who walked out? No. They have the right to walk out and stay in the South or go back to Khartoum or Kenana. They never have any right to hold the passage of this transitional constitution hostage.
Although CPA was signed in 2005, political war (including potential military one) with Khartoum remained unfinished. These southern opposition parties are mainly interested in power sharing or wealth sharing but not the unfinished “core political business” that SPLM is going through on daily basis with Khartoum.
They have no idea how the heavy weight southern political party is struggling politically against Khartoum’s intransigence on daily, weekly and monthly basis to meet, agree and form commissions or committees over and over to get the key CPA protocols implemented peacefully on the ground. They have no idea how CPA is renegotiated to some extent over and over to agree upon again and again on what has been finally agreed on in Kenya on January 9, 2005. So, can anyone imagine how South Sudan or the fate of CPA would be really if these opposition leaders were to be in SPLM/SPLA’s shoes since January 9, 2005?
Opposition party leaders do not or reluctant, for reasons best known to them, to pay attention to the nasty daily political behavior of Khartoum who desperately want to abrogate this phenomenal achievement of our hard-won freedom, peace and independence of Southern Sudan at any rate. Besides the definition already provided in the Oxford or Webster dictionary, opposition parties need to redefine at this particular juncture the real meaning of political freedom, democracy and constitutional power or even wealth sharing that will obviously be in their next agenda.
They need to realize that SPLM/SPLA cannot be weakened at the expense of constitutional power sharing as if SPLM is still in Naivasha in 2002. Southerners know who, and who should lead them to the “Promised Land” and beyond not anyone who imposes his hidden agenda on SPLM. As it’s clearly stated before that this is just a “transitional constitution,” given the political battle with Khartoum on daily basis.
Paul Ongee
Khartoum Watch
Paul Ongee
South Sudan cabinet passes transitional constitution
Ya Truthteller, Ahmed Chol and the likes,
We’re not a war with southern Sudan opposition parties. Period. They have the right to walk out because the constitutional review wasn’t meant to create a position of Prime Minister which Lam Akol is eying and longing for. If it’s done in Zimbabwe and Kenya it doesn’t mean it should also be replicated in the nascent country of South Sudan without considering its “unfinished political business” with Khartoum which Lam Akol and the other opposition party leaders are part and parcel of it.
The issue here is, does the current political situation of the nascent nation justify the claim of the opposition party leaders who walked out? No. They have the right to walk out and stay in the South or go back to Khartoum or Kenana. They never have any right to hold the passage of this transitional constitution hostage.
Although CPA was signed in 2005, political war (including potential military one) with Khartoum remained unfinished. These southern opposition parties are mainly interested in power sharing or wealth sharing but not the unfinished “core political business” that SPLM is going through on daily basis with Khartoum.
They have no idea how the heavy weight southern political party is struggling politically against Khartoum’s intransigence on daily, weekly and monthly basis to meet, agree and form commissions or committees over and over to get the key CPA protocols implemented peacefully on the ground. They have no idea how CPA is renegotiated to some extent over and over to agree upon again and again on what has been finally agreed on in Kenya on January 9, 2005. So, can anyone imagine how South Sudan or the fate of CPA would be really if these opposition leaders were to be in SPLM/SPLA’s shoes since January 9, 2005?
Opposition party leaders do not or reluctant, for reasons best known to them, to pay attention to the nasty daily political behavior of Khartoum who desperately want to abrogate this phenomenal achievement of our hard-won freedom, peace and independence of Southern Sudan at any rate. Besides the definition already provided in the Oxford or Webster dictionary, opposition parties need to redefine at this particular juncture the real meaning of political freedom, democracy and constitutional power or even wealth sharing that will obviously be in their next agenda.
They need to realize that SPLM/SPLA cannot be weakened at the expense of constitutional power sharing as if SPLM is still in Naivasha in 2002. Southerners know who, and who should lead them to the “Promised Land” and beyond not anyone who imposes his hidden agenda on SPLM. As it’s clearly stated before that this is just a “transitional constitution,” given the political battle with Khartoum on daily basis.
Paul Ongee
Khartoum Watch