Sudan’s constitutional court lacking quorum to decide on referendum challenge
January 2, 2011 (KHARTOUM) – The Sudan constitutional court is unable to decide on challenges before it relating to the upcoming referendum due to the absence of three judges from the bench, Sudan Tribune has learned.
The other two, also from South Sudan, left right before Christmas holidays and never returned back.
Most believe the oil-producing south will secede in the vote, which was built into the 2005 north-south peace deal that ended Africa’s longest civil war. The northern ruling National Congress Party (NCP), which wants unity, has accused the south of manipulating the voter registration which ended on December 8.
A handful of legal challenges were made against the South Sudan Referendum Commission (SSRC) and the Sudan People Liberation Movement (SPLM) alleging violations to the voter registration process for eligible Southerners.
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.
Last month, the Constitutional Court agreed to look into one of the motions it received and asked for the SSRC to respond by December 26th.
But to decide on the case, seven of the court’s nine judges must be present which under the current circumstances appear unlikely without a change to the law.
Some observers have raised fears that a decision by the court to grant an injunction to temporarily suspend the work of the commission could trigger a violent response by disappointed Southerners who are keen to cast their ballots in the highly emotional vote.
The SPLM accused the NCP of standing behind the lawyers’ appeal to the court tp stall the referendum.
(ST)