Kiir will not step down as army chief if nominated for presidential election
January 14, 2010 (JUBA) – An official of the semi-autonomous Southern Sudan has ruled out any possibility of General Salva Kiir Mayardit stepping down from the army even if he is nominated as SPLM candidate for presidency.
The minister for Presidential Affairs, Dr. Luka Biong Deng, who is a close aide to Kiir on Wednesday, said Kiir’s candidacy would not need him to step down as commander-in-chief.
Dr. Biong argued that the Interim Constitution of Southern Sudan, 2005, stipulates that the President of the Government of Southern Sudan (GoSS) shall be the Commander-in-Chief of the Sudan People’s Liberation Army and if Kiir was nominated for GoSS presidency he would not step down as Commander-in-Chief.
He however admitted that presently the SPLA Act states that no member of the SPLA can participate in political activities but said there will be decisions made within the regulations of southern Sudan.
Biong however did not further explain whether Kiir would still wear military uniform with his active rank as General in the army or be stripped of the military uniform and contest like a civilian if nominated.
The Sudan’s national Interim Constitution, 2005, requires aspirant candidates, who serve in the army, civil service and as judges, to first resign from their professions before their candidatures are approved by law and allow them to run for political positions.
The Southern Sudan interim constitution is however silent about what the aspirant candidates for political positions, while actively serving in the army, should comply with during elections.
There was no body available for comment in the government’s legal institution to explain the implications of the Sudan’s national interim constitution and the national elections law over the Southern Sudan interim constitution when dealing with issues of national competence such as the elections.
During the GoSS formation in 2005, all the draft constitutions of the ten Southern Sudan states including the Southern Sudan Interim Constitution had to be taken to Khartoum for approval by the national legal body to make sure that they were compatible with the Sudan’s national interim constitution, 2005, pending their final enactment by the respective parliaments in the South.
Questions in the minds of many people that are left to the legal experts to answer include which law (national and Southern Sudan) is supreme over the other when it comes to the national issues such as the elections, or whether the National Elections Act only partially applies to the South and leaves the electoral process of Southern Sudan presidency to the constitution of the South.
It also remains to be clear whether the National Elections Act, 2008, which requires that a candidate first steps down from the army, in order to run for the elections, can equally apply to both national and Southern Sudan candidates at all levels.
Currently, Southern Sudan High Elections Committee based in Juba, which is a branch of the National Elections Commission in Khartoum, also requires that all civil servants, judges and those serving in the army in Southern Sudan and aspire to run for political positions should first resign from their incumbent professions if finally nominated as candidates.
The SPLM Political Bureau is expected in the next few days to declare party candidates across Sudan including its presidential candidates for national and Southern Sudan.
There are, however, statements indicating a process for possible alliance with the National Congress Party (NCP) which may lead to SPLM endorsing the NCP’s candidate, the incumbent President Omer Al-Bashir as sole candidate for national presidency.
Bashir on Monday stepped down as chief of Sudan Armed Forces (SAF) in compliance with the requirements of the National Elections Law, 2008, and the Interim Constitution of Sudan, 2005.
(ST)
murlescrewed
Kiir will not step down as army chief if nominated for presidential election
To Nuer Traitors,
Keep salivating hoping that you are close to your dream. You are chasing ghosts and will soon come a sad realisation. There is no way Kiir would relinquish his army post to a guy who sold Nuer land to arab oil grabbers. It will not happen.
And you still have to have >10 years to prove your patriotism. Unfortunately, you are now doing more to show South that you hate South’s security by causing insecurity in a number of states.
Hillary B.M.L,M
Kiir will not step down as army chief if nominated for presidential election
We know this Dinka Cowboy will not abandon Military to contest as Civilian in the coming Election amid fear that he will be overthrown and that would end the Kingdom of Dinkas in South Sudan.
oshay
Kiir will not step down as army chief if nominated for presidential election
Look at this criminal dinka cowboy, corrupt and a military dictator…wow “new sudan” almost looks good..NOT!
Peter Majok Chiengan
Kiir will not step down as army chief if nominated for presidential election
Iam one of those whom don’t want General Salva kiir Mayardit to step down from the army, Because this time we need him to run the Government of Southern Sudan and he became more active & he know ever things about managing the government system,fighting the coraption.
All these Sudan People’s Liberatiom Army (SLPA) they really needing him.
So Let’s give him this chance becaues of all those I mentioned above.
Long live (SPLA)… Long Live (SPLA) … Long Live New Sudan.
Time1
Kiir will not step down as army chief if nominated for presidential election
Whoever thinks Kirr should step down now is only dreaming and that dream cannot come true now, the south sudan constitution allows for south sudan president to also act as the commander of the army. People have to differentiate between the National interim constitution of Sudan in Khartoum and the south sudan interim constitution in Juba, that is why we have two constitutions because each region has their own political style of governance, election nominations and army, national interim constitution one only guide the activities on the national level, meanwhile the south sudan interim constitution guide the activities inside south sudan only, which includes the south sudan president runs for south sudan presidency based on south sudan rules not Khartoum rules, but running for national presidency requires the nationa interim constitution requirements, that is why the CPA created two different interim constitutions, one for whole Sudan and one for the autonomous government of south sudan, otherwise there would have been no need for two constitutions and two governments, but that is per the requirements of the CPA that there should ber two governments be set and two constitutions be set for each region, south sudan political affairs is governed exclusively and only under south sudan interim constitution and not under national interim constitution, that is why when Kirr wants to run for the president of the whole Sudan he has to abide by the political rules of the national interim constitution, however if he is running for president of south sudan then he will have to obey the political rules as per south sudan interim constitution and not the national constitution because south sudan is a completely different government and system from the national one which is the government of national unity. south sudan constitution does allow for Kirr to stand for presidency of south sudan as per his present statue without any changes, but the national constitution will require Kirr to resign from the army this is were he will need to make a tough choice, but it will be perfect for Kirr to run for south sudan president only meanwhile another candidate should be picked for national presidency, i would prefer to see Yaser Arman or Malik Agar run on SPLM ticket for that post of national president.
I hope some thick heads are now clear about this, there is no requirements on Salva Kirr to leave the army and so he cannot do that now, may be after 2011 referendum but will never happen now as the constitutional law is on his side if needed.
James Okuk Solomon
Kiir will not step down as army chief if nominated for presidential election
The Interim Constitution of Southern Sudan (2005), which is a corollary of the Interim Constitution of the Sudan, does not allow the contestants for the highest seat of the President of the Government of Southern Sudan to be in military uniform or possess a military title. In short, these constitutions ban military dictatorship even if in defense of democracy.
Unless the Abyei Minister, H.E. Dr. Luka Biong, who holds the portfolio of Ministry of GoSS Presidential Affairs has a private or gentlemen-agreed constitution of Southern Sudan different from what is known publicly, nothing legal can back his claim for defending the tricky situation and dilemma that H.E. Lt. Gen. Salva Kiir is falling in now as the Sudanese people enter into the real elections process. With the succession case of Lt. Gen. Paulino Matip Nhial pending, I can only remember the wisdom that says whoever digs a pit in the dark for his brother or sister, finds it difficult to avoid falling first into the same pits when surprised suddenly.
Let us try to be legal so that we are safe as it is said. Article 111(1) of the Interim Constitution of Southern Sudan (2005) states it clearly that the President of the Government of Southern Sudan shall only be the C-In-C of the Sudan People’s Liberation Army “prior to the elections that shall be held during the interim period,” not “during” the elections period.
Therefore, let Kiir not make a mistake of forwarding his name to the NEC before stepping down from SPLA military command. It is known that Hon. Molana Abel Alier is a silent Kiiler when it comes to law!!!!
Johnny
Kiir will not step down as army chief if nominated for presidential election
I think New Sudan applied the same policies that currntly runnning the United States of America were president is also a commander-in-chief, why are you Southerners bothering Kiir to give up his military seat? the President of New Sudan must remain and will forever as a commander-in-Chief of the Army force till the constitution changed. you must shutup, whatsoever?
Gatwech
Kiir will not step down as army chief if nominated for presidential election
Luka Biong is wrong!!!
Salvatore Kiir Miyerdit should abide by the constitutions and elections laws.
There are three issues about Kiir’s struggle for candidacy:
1/ Will the political bureau nominate Kiir for South Sudan presidency? Does he deserve another 5 years of corruption, tribalism and isecurity with lack of vision and development?
2/ Will Kiir continue being an army officer (soldier)and also being the Commander-in-Chief of SPLA during the elections despite South Sudan interim constitution prohibiting it? The constitution doesn’t allow Kiir to be Commander-in-Chief during elections campaigns and voting period. He can only resume being the commander-in-Chief of SPLA after he wins the elections and sworn in as democratically elected president.
3/ Can NEC accept Kiir’s candidacy given this and some other issues that would disqualify him for presidency either in Khartoum or Juba?
Junior de maber
Kiir will not step down as army chief if nominated for presidential election
Dear readers Kiir shouldn’t step down better not runing for Presidency.
Sudan virus
Kiir will not step down as army chief if nominated for presidential election
I advice Kiir to step down from the army as his success as the president o southern Sudan will automatically restore him to the C in C position.
Its dangerous to break the interim constitution,which mighty lead to international arbitration.
Gatwech
Kiir will not step down as army chief if nominated for presidential election
Murlescrewed,
Dr. Riek never sold Nuer land to Arabs. Instead he brought back the Abyei land which the Dinka sold to Arabs. He went to Hague to bring Abyei back which was sold in 1905 by the Dinka Chief Deng Majok and his followers for food. No Nuer land was sold. And no Nuer kids were sold like your Dinka kids to Murle and Arabs. Okay???
The oil in the Nuerland as a national asset was sold to the world market to feed the country including your poor states and counties, okay???
De-Lam Lam
Kiir will not step down as army chief if nominated for presidential election
Dr.Luka Biong Deng , you mentioned that Salva Kiir will not step down if he is nominated for the Candate for President Don’t you know that you are adding fuel on the flame. Why are you messing Democracy with Dictatorship?
The Sudan’s national Interim Constitution, 2005, requires aspirant candidates, who serve in the army, civil service and as judges, to first resign from their professions before their candidatures are approved by law and allow them to run for political positions.This is a clear statement which does n’t need explaination for a democratic politician.
Does it mean Salva Kiir is not aware of the Consititution of 2005? Mr. Al-Bashir of Notorious Criminal Party had stepped down on Monday, and he is busy decieving people in the North. If Salva Kiir is ready for being the candidate he must Step down and has to come out with his Slogan.
If he is not sure for Success advice him not try it. otherwise failure to succeed means coming back home and joining the civil life and no more coorruption and discrimination.
BY WED Junnub Ati-Tribalism.
De-Lam Lam
Kiir will not step down as army chief if nominated for presidential election
Dr.Luka Biong Deng , you mentioned that Salva Kiir will not step down if he is nominated for the Candidacy for President Don’t you know that you are adding fuel on the flame. Why are you messing Democracy with Dictatorship?
The Sudan’s national Interim Constitution, 2005, requires aspirant candidates, who serve in the army, civil service and as judges, to first resign from their professions before their candidatures are approved by law and allow them to run for political positions.This is a clear statement which does n’t need explaination for a democratic politician.
Does it mean Salva Kiir is not aware of the Consititution of 2005? Mr. Al-Bashir of Notorious Criminal Party had stepped down on Monday, and he is busy decieving people in the North. If Salva Kiir is ready for being the candidate he must Step down and has to come out with his Slogan.
If he is not sure for Success advice him not try it. otherwise failure to succeed means coming back home and joining the civil life and no more coorruption and discrimination.
BY WED Junnub Ati-Tribalism.