Warrap Parliament rejects legality of new constitution

December 18, 2011 (JUBA) – A group of 25 MPs from the Warrap State Legislative Assembly on Sunday refused to recognise the legality of the state’s new Transitional constitution, claiming that the speaker had violated parliamentary procedures.

This following allegations on Friday 16 December that the speaker of the house “unilaterally” passed the new constitution, despite reservations from some representatives over procedures.

Marko Guet Yai, a member of the state assembly told Sudan Tribune on Saturday from Kuacjok, the capital of Warrap State, that all members of the assembly except speaker and some chairpersons of the specialised parliamentary committees had rejected the way the constitution was passed.

“We are rejecting [the] legality of the new constitution because it was not passed by the consensus. The speaker runs the assembly like his own house that was why he unilaterally decided to pass it” Yai said.

The group of 25 MPs claimed it was not the first time the speaker acted without seeking a majority vote. There are 48 members of the Warrap state assembly including the speaker. Sudan Tribune understands that only 44 MPs attended the session, indicating that the constitution may not may have been passed if put to a vote.

James Macok Deng, another member of the house told Sudan Tribune that the decision to unilaterally pass the new constitution was taken by the speaker to protect his position. One of the recommendations in the draft constitution requires the house to elect new leadership including the position of the speaker.

“There were 12 recommendations which were to be deliberated and to be passed either by the consensus or voting. Out of these 12 recommendations, eight were immediately passed by consensus and four were left to be voted for but the speakers after realising that he may not get elected into the position decided to unilaterally declare the passage of the constitution by ruling. This is what happened and we rejected it immediately because it was undemocratic and told speaker that we would revoke his decision”, he said

Deng said the four recommendations which members of the assembly wanted to be deliberated and voted for were: the status of the state capital, definition of the citizenship, selection of an elderly person among the members to chair the first session of the transformed Assembly and the status of the specialised committees in the event that the new constitution is signed into law by the state governor.

However, Andrew Aguer Ariik, another member of the Assembly on Friday claimed that the house “unanimously” passed the new constitution by a two-thirds majority.

But he admitted that some members opposed the passage of the constitution allegedly because they wanted the speaker to be removed.

Ariik said the passing of the new constitution was in conformity with the current national constitution because it allows the current leadership to continue until the parliament drafts a new law, especially in regard to the business and conduct of state parliaments.

He said he was one of the members who was opposed to the status of state capital but gave in because he lost his argument when the majority opposed his view.

“In the previous interim constitution, the name of the state is Warrap and the name of the State capital is Warrap town but practically the headquarters of the state is Kuacjok. So some members wanted the name of state capital to change to Kuacjok while the name of the state remains Warrap”, he explained.

Ariik said that the house approved the county commissioners to be appointed and dismissed by the governor only during the interim period, although the constitution allows that commissioners be elected in the permanent constitution.

The state constitution also allows the house to impeach the governor by the two thirds majority of the attended members and the incumbent governor is allowed to refute allegations brought against them before the constitutional constitution court.

Madot Dut Deng, the speaker of Warrap State Legislative in a separate interview on Sunday downplayed the current leadership crisis in the Assembly and asserted that the new constitution was passed by a simple majority and that citizens of the state should not be carried away by what he described as “wrong and confusing” statements.

“The Assembly passed the constitution by simple majority after following all parliamentary procedures. Deliberations beginning with the first reading started on 12 and continued with the second reading on 14 December. All these deliberations and sittings except the third reading I chaired on Friday 16, were chaired by the deputy speaker”, Deng told Sudan Tribune by phone from Kuacjok, capital of the State.

(ST)