SSRC chief says constitutional court has no power to review voter registration
December 9, 2010 (KHARTOUM) – The head of South Sudan Referendum Commission (SSRC) Mohamed Ibrahim Khalil downplayed attempts by some individuals to challenge the voter registration process saying that the constitutional court has no power to review any challenges relating to it.
Sources told Sudan Tribune this week that a number of Southern figures backed by the ruling National Congress Party (NCP) will seek to file a lawsuit against SSRC to obtain a ruling that the commission’s has violated the interim constitution and the 2005 Comprehensive Peace Agreement (CPA) in conducting the voter registration.
Among the arguments put forward by the group that the referendum law stipulates that registering the voters and finalizing the lists should have been completed three months prior to the vote. Because the Sudanese national assembly 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.
But the head of the SSRC brushed the arguments aside saying that they will continue their work despite the time constraints and limited time before the polls open and final voter list published.
According to local media Khalil said that constitutional court has no jurisdiction to look into challenges and complaints against the SSRC because it will conflict with the referendum law which states that signatories to the CPA should allow for a conducive environment to conduct the plebiscite.
“Those people are either ignorant of the law or went to [get advice] from people who have no knowledge of the law,” Khalil said.
He noted that according to article (222) of the interim constitution the referendum law should have been adopted in July 2007 but it only saw the light in December 2009.
Khalil revealed that the work of his commission came under criticism from the NCP and the Sudan People Liberation Movement (SPLM). In one instance a senior unnamed state official led a delegation to his offices complaining that the other party is harassing potential voters at the registration booths.
His response was that security is responsibility of the government and not the SSRC.
The NCP alleged 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.
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.
(ST)
Lokorai
SSRC chief says constitutional court has no power to review voter registration
Prof. Khalil,
Congratulation for everything you are doing to make the referendum come true.
Everyone knows the kind of job you are doing; its a tough assignment a feable heart can’t do. Yes you are an Arab but moderate one who understands realites facing Southerners and Sudanese at large.
Please move on and let the NCP hardliners bark out their lungs; the march is unstopable to January 2011.
Lokorai
Land-of-Cush
SSRC chief says constitutional court has no power to review voter registration
Mohamed Ibrahim Khalil
You people from north are lacking human right. Human right system was very new to you since the signing of 2005 peace deal between north-south. Your government still thinking doom life. Evry step you are taking is a by-lation of CPA. What kind of law that need to be including in finishing time balloting? secession is an option!
James Mangula
SSRC chief says constitutional court has no power to review voter registration
Bravo Khalil! I have never thought that Khalil would have a courage to stand up and tell his NCP masters to go and re-read the Interim Constitution. Besides,your language that those who wish to challenge your commission are ignorants is accurately the right language to describe these faceless political mafias. May God Almighty adds nine months to your current 90 years.
Deng E. Manyuon
SSRC chief says constitutional court has no power to review voter registration
Respect of laws and agreements is what needed in Sudan for decades. Thank you Prof. Khalil for showing that in your response. But, it is too late to make unity attractive.
On the other hand, it is obvious that not all people of Southern Sudan will stand united in principle. A tiny number will get confused along the way. That is a democracy!! Above all, it is worth mentioning here that the will of majority in the South is to be respected.
It is really good to hear that members of international community including United State of America have commended the smooth running of the voter registerations in the South and diaspora. This is step forward to full recognition of the overall process.
Deng
Thondet Manyang
SSRC chief says constitutional court has no power to review voter registration
WHAT CONSTITUTIONAL COURTS?????
Islamic dominated Court??
One that is finishing innocent Darfurians??
Court without spirit of others’ right???
Even Khalil knows but i am usually doubt his statements on this referundom upto date.
Ibrahim has a game with his NCP.
majak mayen
SSRC chief says constitutional court has no power to review voter registration
thank to the SSRC pannel for their decision. Iam very impress with that move. This is another excuses from the North to intermidate you from your job, carry on with your job guys.
Johnny
Diu J.Kuek
SSRC chief says constitutional court has no power to review voter registration
Mr Mohamed Ibrahim Khalil realized that his downplay attempts by some individuals of Southerners in the National Congress Party(NCP) to challenge the voter registration process to sue the SSRC is absolutely contradictory statement and is contradicted to law.
The Referendum on Self-Determination
Article 222 (1)say that Six Months before the end of six year interim period there shall be internationally monitored referendum for the people of Southern Sudan organized by SSRC in coopearation with National Govt and The GOSS.
Southern Sudan been working hard to keep that clause of this article but NCP is always in position of violation.
(2) this clause said The people of Southern Sudan shall either;
(a)confirm unity of the Sudan by voting to sustain the system of government established under the Comprehensive Peace Agreemnt and this Constitution or
(b) Vote for secession.
As democratic process that is why SPLM and the various Parties in the South try to maintaining this article because self-Dtermination can not be conducted in the absence of democracy.
Mohamed Ibrahim khalil and his NCP are Ignorants of fact because being advise from the streets to moved the lawsuit against SSRC.
in the sametime they are Ignorants of Law and even does n,t know the application of law;no Court of law or bench can hear such a moved against this article.
The constitutional Court shall be the custodian of this constitution.if respect it competence and Jurisdiction of the constitutional court.
Mr Mohamed Ibrahim should think for other tactices this moved is totally failed .otherwise he will step down as I expecting to happen on the mid of December but Mr Justice Chan Reek should prepare for the big responsibility.
By Diu J.Kuek
Victory
SSRC chief says constitutional court has no power to review voter registration
Chief khalil:
Congratulation that you are back to your sens now,by taking up the step to stand tall for the southern sudanese,much appreciation gose to you &your team..God bless south sudan.
original sudanese
SSRC chief says constitutional court has no power to review voter registration
Peter Mading
People like you will never be thankful for nothing. Always complaining and having bad blood. The guy did his duty and stood for what he things was rights regardless of the powers of NCP and SPLM, why not respect him? No peace loving person will have such bad heart. Please check yourselves. You will never be thankful even if someone feed you with golden spoon. You are following the same footsteps of those who you call masters.