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Sudan Tribune

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NCP proxies will seek court action to block South Sudan referendum: sources

December 7, 2010 (KHARTOUM) – A number of Southern figures backed by the ruling National Congress Party (NCP) are in the process of finalizing a lawsuit against the South Sudan Referendum Commission (SSRC) in which they allege that the preparations for the key vote are in violation of the interim constitution and the 2005 Comprehensive Peace Agreement (CPA), multiple sources told Sudan Tribune today.

Southern Sudan Referendum Commission (SSRC) Chairperson Mohamed Ibrahim Khalil shows a sample voting card during a news conference at the SSRC headquarters in Khartoum, November 14, 2010 (Reuters)
Southern Sudan Referendum Commission (SSRC) Chairperson Mohamed Ibrahim Khalil shows a sample voting card during a news conference at the SSRC headquarters in Khartoum, November 14, 2010 (Reuters)
The semi-autonomous south Sudan is due to vote on its future on January 9, the climax of a 2005 peace deal that ended Africa’s longest civil war. The south is widely expected to choose secession.

The NCP in control of the North and the Sudan People Liberation Movement (SPLM) governing the south have quarreled for lengthy amounts of time over the terms of the referendum law and later on the composition of the commission which is to oversee the plebiscite.

As a result, the timetable for registering voters and holding the vote is very tight and the final voter list will be available just before voting begins.

Sources speaking to Sudan Tribune said that the NCP backed group will allege that under the 2002 Machakos Protocol signed between the NCP and SPLM the referendum should take place at the end of the interim period which falls on July 9, 2011.

“The end of the six (6) year Interim Period there shall be an internationally monitored referendum, organized jointly by the GOS and the SPLM/A, for the people of South Sudan to: confirm the unity of the Sudan by voting to adopt the system of government established under the Peace Agreement; or to vote for secession” article 2.5 of the Machakos Protocol reads.

However, the constitution and the referendum law make it clear that the plebiscite date is to take place on January 9, 2011.

Furthermore, the group will argue that referendum law stipulates that registering the voters and finalizing the lists should have been completed three months prior to the vote.

The Sudanese parliament has not passed any amendments to the current law and thus the voter registration process should be deemed unconstitutional paving the way for its annulment.

The group will also ask for an injunction to prevent the SSRC from proceeding with its preparations for the referendum. If granted, it means that the exercise will have to be delayed until the court rules on the challenge.

The lawsuit could be filed as early as Wednesday, the sources said.

Another source at the commission told Sudan Tribune that the SSRC chief Mohamed Ibrahim Khalil has already informed both the NCP and the SPLM of the legal loopholes that exist in the process but received no response.

He added that Khalil was directly warned by a handful of NCP officials that they will push for a legal challenge against his commission and it was hinted to him that he should resign.

The head of the SSRC came under fierce attack in recent weeks from the NCP which claimed that he has turned a blind eye to “blatant” violations committed by the SPLM in the registration process.

The NCP alleges that the ex-Southern rebel group is intimidating potential voters so that they don’t register in order to make it likely that the referendum will result in a vote for secession. Last month, the NCP stressed that they will not recognize the outcome of the referendum if the registration process continues in this non-transparent manner.

While a simple majority of 50 percent plus one vote is needed to decide either for unity or independence, the vote will only be valid if 60 percent of registered voters turn out.

About five million south Sudanese are eligible to vote, including an estimated 500,000 to two million abroad, according to UN estimates.

Registration offices will remain open until December 1.

(ST)

41 Comments

  • Anyang
    Anyang

    NCP proxies will seek court action to block South Sudan referendum: sources
    What a bloody joke? These guys will inevitably fails like they pervious traitors.

    Reply
  • $iong mayom
    $iong mayom

    NCP proxies will seek court action to block South Sudan referendum: sources
    Absolute rubbish from NCP. They’re playing cat and mouse game which they have successfully played before by derailing the referendum in the South but it won’t work this time because Southerners of the 21st century are not like those Southerners of Old Sudan. We are much smarter and this time we will confiscate the cat’s role in this tricky game from the JALABA. The referendum has to happen on the 9th of Jan 2011 otherwise we will conduct our own under the monitoring of foreign independent organizations.

    Reply
  • AdierCien
    AdierCien

    NCP proxies will seek court action to block South Sudan referendum: sources
    The other time way back,NCP was blindfolding our earlier leaders but today we are awake no joking around and I must to WARN them that SOUTHERN SUDAN INDEPENDENT is our destiny, which they should not interfere anyhow otherwise it will change the way how Sudan is look like today. I am repeating DON’T joke with this INDEPENDENT you Arab.

    Reply
  • Wiyual
    Wiyual

    NCP proxies will seek court action to block South Sudan referendum: sources
    Those NCP proxies such as Dr. Luak Achuek will never win in their attempt of interfering with People of South Sudan lives. Unless the court is only NCP Court.

    Reply
  • Bol Bol
    Bol Bol

    NCP proxies will seek court action to block South Sudan referendum: sources
    Who are these Southerners and why are they letting the National Criminal Party do the screaming for them? Although I do honestly believe there’re few handful of sell out Southerners that do want the CPA abrogated, I doubt their credibility.

    Reply
  • Omoni Atari
    Omoni Atari

    NCP proxies will seek court action to block South Sudan referendum: sources
    This is a plan”B” ,there we go,war is starting on daylight,
    Cowards run to uganda, kenya, and Ethiopia,we are going to do it “MANLY” if even if i die,No problem.
    Omoni Atari
    Natinga ,south sudan

    Reply
  • Madut Tong
    Madut Tong

    NCP proxies will seek court action to block South Sudan referendum: sources
    I am really puzzle about the policy that NCP is trying to apply on Southern Sudan referendum. two days before registraion, and after resgistration started they air attacked Northern Bahr el-Ghazale State. and now they are using some Southerners to persue their own benifits by suing SSRC in court. but which court? the one in Khartoum? I think they are playing their cards well because they know that no court in Khartoum could ever rule for the good/welfare of South Sudan. So, our politicians must pay close attention to this move.

    South Sudan Oyee…, referendum Oyee… freedom Oyee…

    God bless our nation

    Reply
  • CHOLTHEGREAT
    CHOLTHEGREAT

    NCP proxies will seek court action to block South Sudan referendum: sources
    Very! very! very! sorry- NCP- it is one Billion late to talk about Lawsuit at this time. Your request if at all it is there, then it is and it will pass through a deaf ear. Forget about it!!
    Voting must take place on January 9th 2011 as scheduled and nothing else than that.

    Reply
  • Young Nation
    Young Nation

    NCP proxies will seek court action to block South Sudan referendum: sources
    Ha Ha Ha Ha

    What court are Arabized and Islamized Northerner Sudanese are talking about if the people of the North, including NCP have refused to recognized the International ruling on Abyei? The people of Northern Sudan and their political bankrupt party called NCP have totally run out of fresh ideas on how to disrupt South Sudan referendum. Well they need to be reminded that Southern Sudan is gone forever weather Northerners like it or not. Who do you think will pay your cheap and expired jokes in the South of Sudan? The present generation in the South have absolutely changed.

    Young Nation is a BA student at UQ, Australia

    Reply
  • Victory
    Victory

    NCP proxies will seek court action to block South Sudan referendum: sources
    I cannot possible think where did NCP leader find their reasoning from??& their ill suggestions? South sudan is going to come out from the womb of Sudan by 9/jan,it has to happen by all means , independance oyee.

    Reply
  • Garang
    Garang

    NCP proxies will seek court action to block South Sudan referendum: sources
    Dear Southern Sudanese,the games that NCP are now playing if you can remember is the (PLAN B)which Salah Gosh had already mentioned.please watch out and be keen enough not to let NCP trick you once again like what had happened in west Africa where refrendum was postpone and upto now for thiry years the refrendum is not conducted.

    Kerubino Garang Deng

    Reply
  • 1988
    1988

    NCP proxies will seek court action to block South Sudan referendum: sources
    Southern Sudan does not need the North to recognize it as an independent nation, as long as we are seen by the international community as an independent country we are a legitimate state.

    Reply
  • marko malou
    marko malou

    NCP proxies will seek court action to block South Sudan referendum: sources
    NCP are like barking dog,Southerners will not recogize your foolish suggestion.which court are you talking about? This is like a village court to the International community.

    Reply
  • James Okuk Solomon
    James Okuk Solomon

    NCP proxies will seek court action to block South Sudan referendum: sources
    The Southern war with the NCP is now shifting to that of legal procedures against the Southern Sudan Referendum Commission (SSRC), and some of our people have been helping them to win the fight by their irresponsible behaviors like registering Minister Deng Alor in Juba instead of Abyei and allowing Southerners below 40 years old to be referendum registrars. And with the NCP extremists sitting on the judiciary judgment seats in the Sudan, chances are that they may rule in favour of the objections raised and with damaging effect on the conduct of the referendum polling and results. Even I have started to doubt the Southern patriotism of Justice Chan Reec and his team in Southern Sudan beyond the money they get!!!!

    Can the referendum be carried on without the referendum commission managing it? And can the referendum commission be forced to carry on with its duties when the courts have disqualified many of its done duties in the registration centers? Surely, trouble is coming but are we ready to overcome it?

    However, the desire for South Sudan Independence is so strong than the winds and waves of the Northern Saboteurs and their few Southern stooges. Viva South Sudan!!!

    Reply
  • Machajuong
    Machajuong

    NCP proxies will seek court action to block South Sudan referendum: sources
    Dear Southerners!
    Especially you guys who are sucking our blood, your times and days are numbered. You are still gambling with our lives and our future. You cover your faces with money and you didn’t even look back for what the NCP did to your own people. Please make no mistake at this time; there will be nothing calls forgiveness to you who are blind and deaf in hearts. We know you for your action against the right for the Southerners but justice it self will determine your future in side the (NBN) New Born Nation.
    SPLM/A Oyee!!!!!!!!!
    Yours truly,
    Mach-Ajuong

    Reply
  • Diu J.Kuek
    Diu J.Kuek

    NCP proxies will seek court action to block South Sudan referendum: sources
    A number of Southern figures backed by NCP are in the process of finalizing a lawsuit against the South Sudan Referendum Commission(SSRC).Its very funny story today; who are they?and where are they? should come out clearly as Mohamed Ibrahim Khalil and his NCP should not mentioned they names of those ignorants people; these types of people didn,t understand the background of South Sudan Demands for Self-determination,
    must go back to the history started from 1946 meeting followed by Juba Conference 1947 successived as many events regarded to recgnition of Sothern question 1964-1965 by Govt of Sir Al Khatim Al Khalifa come upto CPA 2005 .
    these people even they do not know the application of law,South Sudan Referendum for Self-determination is provision as concluded by CPA and been enacted to law Sudan Interim Constitution.

    Sudan Judiciary can act as custodian of constitution
    which can not be contrary to it.
    I don,t think there will be court of law which can accept such a moved by those of individuals.

    Judiciary must be characterized by impartial,consistency,predictability and stability.it is very essential to uphold the independence of judiciary,if not be NCP court.
    all these types of political attempt by NCP are indicatives of frustration and desperation and nothing on this earth would prevented South Sudan demands for Self-determination as been demands by Southerners with recognition by the all parties the Country both North and South.
    Independence of South Sudan Oyeeeeeeeeeeeeee

    Diu J.Kuek

    Reply
  • Peter Nhiany
    Peter Nhiany

    NCP proxies will seek court action to block South Sudan referendum: sources
    Bashir is runing out of tactics to undermind the referendum. There is no way to court. Khartoum can do all its want and that is not going to stop the Southerners from gaining independent from them. We are breaking away in the daylight, and Khartoum will not block us from doing so. Going to court is the language of defeat. Go to hell with your complaint.

    Peter Nhiany.

    Reply
  • Chanson
    Chanson

    NCP proxies will seek court action to block South Sudan referendum: sources
    That is pure crystal lies from NCP and those blind Southern figures.Nothing is going to stop us from breaking away from this wicked Arabs and their fake Southerners,who are always bothering us for unity.Shame on those who talk unity.Let them go head to the court.we don,t care .if the know what is so-called human right then why are they still killing innocence people by bombing them?

    They are free to go to any court…….

    McChan.

    Reply
  • AdierCien
    AdierCien

    NCP proxies will seek court action to block South Sudan referendum: sources
    I MUST TO SAY THAT YOU ARAB IN KHARTOUM WHICH COURT DO YOU THINKS WILL MATCH WITH THE SOUTH ‘S NEED? WELL, IT IS EASY. PARK YOUR THINGS AND LEAVE SOUTH ALONE VERY EARLY IF NOT, YOU WILL SWEAT PLASMA SOON.

    Reply
  • John M. Atem
    John M. Atem

    NCP proxies will seek court action to block South Sudan referendum: sources
    Folks,
    The National Congress Party is trying hard to abrogate this hard-won 2005 Comprehensive Peace Agreement. We, the people of Southern Sudan must not allow these war-crimes charged thugs to derail the full implementation of the historically achieved 2005 Comprehensive Peace Agreement. We must resist and condemn in the strongest terms possible those who want to internally-enslaved us for the rest of our life.

    Folks, I have said it many times and I want to say once again, let us stop preaching down-market, diversionary and outdated primitive stone age period politics that have reduced us into the lowest common denominator in the scale of contemporary human beings. Let us encourage, promote and emphasis our shared commonality and de-emphasis our personal and long-standing political differences for the greater good of our peace-loving, liberty-seeking and splendid people of a would-be a newly-formed God-fearing Christian Nation-state of Southern Sudan comes January,9,2011.
    Finally and last,but not least, may almighty God creator of heaven and Earth bless the long-suffering, abused and long-forgotten people of Southern Sudan who have been humiliated beyond believe by various brutal, murderous and fatalistic Islamic regimes that have come and gone in Khartoum.
    The writer of this comment is John Atem. He is the orphaned son of late freedom fighter who wishes the people of Southern Sudan a credible, transparent and successful 2011 Referendum conduct. He has also successfully completed Certificates in Agriculture, Peace Education and Diploma in Criminal Justice.

    Reply
  • Bol Bol
    Bol Bol

    NCP proxies will seek court action to block South Sudan referendum: sources
    Southern Sudanese should not be surprised to learn that these Southerners are none other than James Okuk’s uncle Lam Akol, David deChan, Ali Tamim fartak, Malwaldit, Riek Gai and plus few others. The question that should be asked is what is it in for them to file the lawsuit, in other words, on what basis and ground? As a southerner, this is very sickening and I just hope I am wrong.

    Reply
  • Dansedit
    Dansedit

    NCP proxies will seek court action to block South Sudan referendum: sources
    this NCP and the southerners behind the Ncp should not keep on trying and gamble in any situation to get the reaction of southerners, but they have to know that southerners have decides and that is all the separation is eminent.

    Reply
  • kaci-banno
    kaci-banno

    NCP proxies will seek court action to block South Sudan referendum: sources
    The devil spirit party NCP is coming to plan B now which was mentioned by Gosh few weeks ago. But NCP has to understand that Sudan is coming to an end if they try to block the referendum process. Therefore I want to remind all of you readers that those who are calling themselves as ministers in south sudan let them prepare for war because some of the minority tribes in south sudan has been ignored by the government of south Sudan not given any position after CPA was signed. Let the greedy heart for the positions go and fight by this time.

    By: Kaci-Ma-banno.

    Reply
  • Deng E. Manyuon
    Deng E. Manyuon

    NCP proxies will seek court action to block South Sudan referendum: sources
    Where was this number of Southern figures when every one including the international community was pressurising the NCP government to form/appoint this Southern Sudan Referendum Commission on time? Where was this number of Southern figures when every Southerner was giving the Bashir government including the so called National Assembly a hard time to spell out clearly term of reference and mandate for the Commission? Where was this number of Southerners when the GOSS and all life of civil organisations demanded Bashir to speed up the release of Referendum budget? Sorry, the lawsuit should not be filed against the SSRC. It should have been filed a long ago against the NCP government instead!!

    Deng

    Reply
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