Kiir says ready to go to court over his controversial military status

January 26, 2010 (JUBA) – The president of the semi-autonomous region of Southern Sudan, who is standing for the presidency of the region in the upcoming April elections, said he was ready to defend himself in a court of law over his controversial military status.

General Salva Kiir Mayardit, who chairs the Sudan People’s Liberation Movement (SPLM), explained his position to a gathering at the premises of the Southern Sudan High Elections Committee in Juba during the submission of his application form on Monday for the post of President of the Government of Southern Sudan.

The highest organ of the party, the Political Bureau, had earlier nominated him as the candidate for the position.

The law requires that any candidate aspiring to contest for any public office while serving in the military must resign first in order to qualify to run for the elections. This also applies to those that work as civil servants or judges.

Responding to the issue, President Kiir explained that he is no longer a military man, saying he had already retired from military rank since 2005. “There were some people who said that I have to resign from my position as the Commander-in-Chief of the army, but these people did not know the secret that you should not always play your cards at the same time,” he told an excited party of supporters today.

“I was retired by late Dr. John Garang on 16th July 2005 and I am no longer in the military rank,” he told his cheering supporters who accompanied him from the SPLM Secretariat office.

A military source likewise also revealed that Kiir was actually retired by late Dr. John Garang in 2005 at the rank of Lt. General. The source continued to say that he silently reinstated himself in the army after the death of Dr. John Garang and promoted himself to his current rank of 1st Lt. General.

All the application documents have been submitted to the Southern Sudan High Elections Commission and will be further referred to the Khartoum-based National Elections Commission (NEC) headed by Abel Alier for approval or rejection. President Kiir warned that he would appeal to a court of law in case of any disqualification and expressed confidence that he would also win the case.

CONSTITUTIONAL CONTEXT

Earlier, the National Elections Commission had written a letter reminding Kiir to retire from the military as the law requires. Chairman Abel Alier addressed his letter, dated 21 January, to the Southern Sudan High Elections Commission and the leaders of the High Committees of the ten states of South Sudan.

“After going through the relevant constitutional and legal provisions and the advice on the same, on nominations by candidates, I have come to the conclusion that the office of Commander-in-Chief is not an army post. It belongs to the head of state as an aspect of sovereignty. In the case of the President of the Government of Southern Sudan, it is also an aspect of shared sovereignty,” Alier said in his letter.

By this rationale, Kiir since 2005 was exercising his control of the SPLA as civilian Commander-in-Chief, based on the Constitution of Southern Sudan article 111 (1), which reads “Prior to the elections that shall be held during the Interim Period, the Chairman of the Sudan People’s Liberation Movement, or his successor, shall be the president of Government of Southern Sudan (GOSS) and Commander-in-Chief of the Sudan People’s Liberation Army in accordance with this constitution.” Kiir heads the newly formed SPLA Command Council composed of more than 40 senior military officers.

SPLA Official Spokesman Maj-Gen. Kuol Deim Kuol said by phone to Sudan Tribune, “I want to show to the public that 1st Lt-Gen Salva Kiir Mayardit was retired with effect from July 16, 2005 by late General Dr. John Garang De Mabior; also on 26/7/2005,” – four days before his death – “Comrade late Commander-in-Chief [Garang] wrote a message to all units of the SPLA” in which he related that Commander Salva Kiir Mayardit had acceded to the rank of Lieutenant General with effect from May 2004 and retired with the rank of 1st Lieutenant General with effect from July 16, 2005.

PUBLIC RESPONSE

The requirement on President Kiir’s military status and officials’ responses about it left the public of Southern Sudan rather confused.

It appeared that initially there was not clarity within the ruling party itself about Kiir’s status. First, NEC’s letter on the subject was slammed by the Presidential Affairs minister, Dr. Luka Biong Deng, who described it as “premature.” Also, the SPLM Secretary General, Pagan Amum, was quoted by a local newspaper, The Juba Post, as saying that Kiir would retire from the military as required by law.

These statements, contradicting what Kiir revealed today, have brought about greater public scrutiny. “I agree that Kiir should maintain being the Commander-in-Chief [of organized forces] since he is the President. But I am not convinced by his comments which say he already retired since 2005. Why do I see him wearing uniform and using the title if he was retired?” said one of the students at Juba University.

In Southern Sudan, 1st Lt-Gen Salva Kiir is sometimes seen wearing full combat military uniform and the majority of people believed that Kiir is in the Southern army’s active list as a general.

“Kiir should either tell us frankly that he was wearing the uniform and using the title illegally, which is against the law; or if he reinstated himself in the military he should publicly decree his retirement from the army,” said a business man who identified himself as Garang Ezekiel.

In his Monday remarks over the issue, Kiir only explained that he is already a retired general, but he did not explain why he still wears military uniform and how he got promoted to the rank of 1st Lt. General in the army. Kuol, in a phone interview, dismissed this question saying that “being a retired general does not mean that you throw away your uniform – Kiir wears his military uniform on a ceremonial basis.”

Hundreds of Kiir’s supporters accompanied him to the Election Commission’s branch office. He told them that if elected in April he would work for the development of the region. He advised against any post-elections violence.

“We want this election to be peaceful and we don’t want ugly political scenes and chaos that have occurred in other countries in Africa during elections,” said Kiir.

OTHER CANDIDATES

NEC has set Wednesday, 27th January at 6:00 p.m. as the deadline for submission of candidacy application forms. The chairman of the Southern Sudan High Elections Commission Caesar Arkangelo Suliman said this morning President Kiir is so far the only candidate who has presented himself for the post of the President of the Government of Southern Sudan, but later in the day the leader of the Sudan People’s Liberation Movement – Democratic Change (SPLM-DC), Dr. Lam Akol Ajawin, submitted his application form to the Juba office.

The northern ruling party, the National Congress, is yet to declare its candidate for South Sudan’s presidency as the deadline approaches.

SPLA’s official spokesman, Kuol, urged other candidates from the military to avoid similar controversy. He directed his fellow comrades, “It you want to contest for the election and you are in active list in the army, you must resign. You are required to handover all your bodyguards, plus SPLA official vehicles to SPLA General Headquarters and you will be guarded by police. Recently, SPLA Maj-Gen Dan Atur Jong resigned in preparation to stand as a candidate.

(ST)

Philip Thon Aleu in Juba and Manyang Mayom in Rumbek contributed to this report.