S. Sudan opposition sides with SPLM against amendment of constitution
June 23, 2011 (JUBA) – The leadership of one South Sudan’s opposition political parties on Thursday announced it was siding with the region’s against voices calling for scrutiny and amendment in the Draft Transitional Constitution of south Sudan.
Tong Lual Ayat, the chairman of the United Democratic Party (UDP), said in a press release that powders given to president of the government of south Sudan during interim period to relieve state governors and dissolve state assemblies are conditional.
“The Draft Constitution of South Sudan is acceptable. It has all type of freedoms and international treaties to cover basic human rights, good governance and transparency. It has bill of rights. It defines and demarcates powers which belong to three organs of government. It talks about independence of the legislature, the Judiciary, executive powers which comes through the elected presidential system”, explained Ayat.
It also talks about independence of the organised forces and the system of the local government and the banking system, he adds.
“Isolating the president from the parliament, Judiciary, Security or the State governments is not rational criticism. The president should be granted powers because there are cases where a president is required to take prompt decision on behave of either Assembly or judiciary especially when it is something related to national security. In such as cases none of the citizen would expect president to wait approval of his decision by the parliament. There is nothing wrong with this interim constitution. It is clear and acceptable. It should not be opposed for the sake of being opposition political parties”, said the leader of an opposition political party.
“Take a critical look at political developments and events taking place across ten states of south Sudan. You will definitely find that other governors, in spite of having been elected remain authoritarian. They disrespect the very institutions with which they are expected to share power and good governance. They have forgotten cooperation with other independent institutions. They have taken rule of laws into their own hands and have embarked on threats and arbitrary arrest of their opponents; there by paralyzing the democratic institutions. In such cases who do you think can intervene on behave of the public. No one expect the President elected by the whole country. This explains why the president must be given powers to protect public interest, security and democratic principles so enshrined in our constitution”, explained Ayat.
South Sudan is set to become an independent State following the conduct of an internationally monitored referendum on self determination for people of the oil-producing region in January 2011.
The vote was one of the provisions of the 2005 peace agreement which the former warring parties, the Sudan People’s Liberation Movement (SPLM) and the Sudanese Government represented by the ruling party, the National Congress Party, signed to end the over two decades long of civil war between the north and south.
Over two million people are believed to have died while four million more were uprooted from ancestral homelands to displaced camps in Sudan and in neighbouring countries.
The 2005 peace agreement allows return of internally displaced persons from the north and gives six years of interim period during which the south would govern itself under united Sudan.
However, Akot Aguer, a law Student at Juba University opposes voices supporting giving president more powers.
“Something is absolutely wrong this constitution. I read it almost every day and I find a lot of things needed to be corrected. They must be amended, said Aguer. The terms for president and state governors are not clearly defined. They have indefinite terms. The constitution does not say anything about terms of the president and the state governors,” he said
He gave an example of one of the constitutional powers that allow president to remove and replace the state governor and dissolve the state legislative Assembly.
“I find in the constitution that president can declare a war with or without approval of the national legislature. No public leader should be subjected to trial while serving in the office. The decision by the National Council of Ministers on any state and national proposed policies is final and binding decision. I also find that the three levels of government must conform to the national constitution except the traditional leaderships. State governments must take care of basic education minus higher education”.
“The amendment to the national constitution is the work of the national legislature without involving members of the state parliament. Women rights are unquestionable and that force marriage is punishable, yet our constitution did not set out marriageable age. Various special head commissions are subject to removal from the office except the head of the anti corruption commission whose removal from the office must be approved by the national legislature. These are few of the observations I think needs to be corrected. It is completely unacceptable to leave all these untouched because of our love to president Salva Kiir Mayardit”, said Aguer explaining that leaving constitution untouched for the sake of appeasing president makes the system of governance undemocratic.
Timothy Tot Chol a member of the South Sudan Legislative Assembly in May became the first official from the South Sudan’s ruling SPLM to speak against amending draft transitional constitution of South Sudan, arguing that the powers given to the president in the constitution were conditional.
“We found that in the interim period, from 2005 until now, some governors sometimes misuse these powers to the disadvantage of people of that state. There were quarrels; there were disagreements which sometimes led to lack of stability in some states. Now, it was thought by the drafters of the interim constitution that there must be a power above the states and governors who can intervene in the event of any quarrel in a state. By the way, those quarrels could even jeopardize the tranquility and the harmony and even the national security of the new republic unless there is a super power which can intervene.”
Article 101 (R) of the draft transitional constitution says that the president has the powers to remove a state governor, and/or dissolve the state legislative assembly in the event of a crisis in a state that threatens national security and territorial integrity but said the president cannot exercise this power unnecessarily.
“It is a conditional power which is rarely or which will be rarely used, you see. Unless there is this situation or this situation arises where the national integrity and national security is being threatened, I don’t think the president can exercise such a power. So there is unjustified fear that the president may use it to get of the people he does not like. But I don’t think it can happen because in the first place, the governors are elected by the people with the consent of the president himself.”
Tot said the constitution does not specify whether a state governor relieved by the president could contest in elections. He however said that logically, a governor, when relieved under such circumstances could not contest anymore.
(ST)
Meendebai
S. Sudan opposition sides with SPLM against amendment of constitution
That’s all about BR….nization’s rule.
Dinka Dominated SPLA/M
S. Sudan opposition sides with SPLM against amendment of constitution
A remarkable feature of the humanitarian movement, on both its sentimental and utilitarian sides, has been its preoccupation with the lot of the masses
The Dominance People powers.
Kon Ajith Deng
S. Sudan opposition sides with SPLM against amendment of constitution
Mr. President is not the right man to be given that powers,right to move his vice presiddent,elected Governors, dissolve state assembliies and to declare the war,given right to Sultan Dinka,like puting some goods on the donkey,it do not know who many goods are,the oppositions parties has right to reside with other wise people from SPLM to refuse the draft constitution or against amendement of constitution for the South Sudan,we are not in the fourth century,giving him all powers,he will use it for grabbing other tribes lands for his tribe.
Emmanuel Ajang Solomon
S. Sudan opposition sides with SPLM against amendment of constitution
Vision.
Brothers and sisters, if we don’t know how to handle our selves in the new country, let us be frank and asked the rest of world how to go about them issues of governance.
Why is it neccessary for the president to announce the war without the Elected parliament? so that he can announce the war even if his children are involve in a fight at night club in one of our foreign countries is it what U want or his inlaws children, any other relative?
Why do we first elect our ,Governors, Mps,and so force and over night the are removed because they have never serve the interest of the president like it happened in Bentiu,Taban did not won the electin,but because he is loyal to the president,he was put by all means which is the problem in unity,and such situation will not give peace to new country and bad history will never be forgiven by the natives of Unity state.
The first thing to put in mind is that our Goss government will have bad legacy, and many of them will end regerting all they have done and lack of competent people might bring in others but God is great and watching us.,
sudanman
S. Sudan opposition sides with SPLM against amendment of constitution
that is ridiculous, giving such a power to the president is not acceptable at all.this man will indeed turn to be dictator if he gets that much of the power.He should not be given that power at all.
George Bol
S. Sudan opposition sides with SPLM against amendment of constitution
Great move! the president should have more power. check every where folks!
Lo Isu
S. Sudan opposition sides with SPLM against amendment of constitution
UDF a typical briefcase party.
Lacks a sense of Judgment, vision and Direction.
The likes of me know that some of these parties are just there to satisfy their interests and not that of the citizenry. Ayat you can bargain for an appointment with Mr. president behind doors, so stop misleading the public.
There is too much leaning on the part of UDF, please learn to stand on your own.
OMONI_JR
S. Sudan opposition sides with SPLM against amendment of constitution
All these presidential ‘s powers were used by Iddi Amin Dada of Uganda during his brutal time in order to tortured ,bullied ,and maimed other tribes in Uganda.
And can never and will never be happened here in soil,south sudan.
Removing the elected governors is not one of the president duties.
Yes , he has power to remove the vice president but Not governors and elected MPS.
Salva Kiir and his associates need attend adult education for further understanding of presidential’s duties.
jur_likang_a_ likan'g
S. Sudan opposition sides with SPLM against amendment of constitution
It is not a surprise at all when Tong comouflages himself as opposition leader and comes up with such statements. Is a home affair? How can the president own the constitution of the masses and use it the way he likes. Why should he be above it and use it to serve his interests and those of his henchmen? The constitution is there for the good of masses irrespective of tribe, region. Please lead us away from tribal politics. Put the people choose the constitution they like. Tongs statement is looks like a trick for a future agenda.
Mr. Truthteller
S. Sudan opposition sides with SPLM against amendment of constitution
I don’t understand what type of democracy some illiterates in South Sudan want to rule with.
Normally in democratic countries, it is the parliament of the nation that impeaches the president while the state parliaments can impeach the elected governors. Why give such powers to the president in the so-called transitional constitution?
Salva Kiir being the chairman of the SPLM, and while the majority of MPs in Juba and states are equally SPLM, can use their SPLM caucuses in their parliaments to remove the unwanted elected governors through impeachement if need be.
The document is supported by only few who eye the positions of the elected governors thinking that Kiir can appoint them to replace such governors or dismissed elected MPs.
That is very strange system.
Shadrack Nuer Machut
S. Sudan opposition sides with SPLM against amendment of constitution
Haaaaaaaa!!!!!!
I wonder why people without super brain dare to insult the president who has brought everybody from the hands of mercifuless Arabs. Shame on you and may Almighty God bless you abundantly.
dakin
S. Sudan opposition sides with SPLM against amendment of constitution
Mr. Tong is not to oppose this Warrap constitution.
Saliva Kiss however must take this constitution to rule Gogrial.
It is time the nuer and the equatorians must sit down and write their own constitution
Biar-awumbeny
S. Sudan opposition sides with SPLM against amendment of constitution
Dear Readers and Writers,
Can any one of you tell me a state where the president as head of state has no powers over the provincial leaders or governors? Why are we failing to apply a simple formulae of supremacy in governance of who should be over who? Who of you never heard of differences in the past in Unity and Northern Bhar El Ghazal states? In such cases, who will unilaterally intervene? We must give power where it fit buddies. Our president is the only person who can decided anything he deem would benefit our nation for we have all voted for him.
Biar Ayuen Aguek-Jub
Biar-awumbeny
S. Sudan opposition sides with SPLM against amendment of constitution
Dear Omoni Jr,
For you to understand it better, who voted for who? Are they all heads of state? The president has the power over everybody; means overseeing all happening in the states and that is why most of us are siding with drafted constitution. If we stripe off president of power over the governors then the president has no power over the citizens of any state. What if the governor truns brutal to his own people? who else will really intervene? One thing a president should not be given is the power to declare war I agreed with you.
We are too young to politics and we must approach it with keenness and greater sense of maurity.
Biar Ayuen-Juba
AdierCien
S. Sudan opposition sides with SPLM against amendment of constitution
In The Name Of The Trinity God Amen
jur-likang
The REASON as to why President should be given all powers is because He/She is in charge of the state’s affairs, that means He or She is overall person in term of decision making. Quick and final decision came from the president himself, why don’t you see things as human? President can be from any tribe as long as he or she is a citizen of the country and all those powers should be given to him immediately when he or she is declared a winner or president if any. Where do you people wants our country to go? Look at those commentators above abusing the president, what if later president come from their tribe, what do they thinks those tribes of previous president do to their leader? We should learn how to behave in public if you opted and hoping to be public servant. Don’t be extravagance in words.
May Almighty Father Look Upon To Us.
Mike Mike
S. Sudan opposition sides with SPLM against amendment of constitution
Dear Tong, all what you said about the extra powers granted to president by the constituional review committee is not supposedly to be happen like that. The issue of giving those extra powers to president to dissolved the positions of elected governors, national assembly and the states houses is abid iam doubting about it, because if it has happen for a president to have more powers of terminating the term of the elected member on no reasonable thing then why should we bother ourselves to hold election?. There must be some condition that can be put in the middle to bridge or police the rule of law to not dismiss our elected member just with simple matter and the committee was suppose to gives more powers to the house because house is the one to peaches the president incase of any mistake commtted by the president of the republic and it can continue down to the local state houses they are the one to tracks the governor in his/ her office on such most cases. But if the powers were all given to one man like now i hope there should be no hope on this government of ours. We are now due to achieve the independancy of our new country South Sudan, but is not fair for all of us to go to a new born world nation without mutual respect and trust amongst ourselves.
Raan
S. Sudan opposition sides with SPLM against amendment of constitution
Biar, you must be in forefront of 1st and last stupidity in this world of intellectual, American constitution is just twelve page containing every details,it never said president can remove or reinstalled Governors, legislature, and all that, but yet the president can declare war to any country provide that is on this world, Governors are elected body like president they must be in-pitch by state parliament if needs arise, don’t cover corruption with such big power incompetent is always led by suspicious as we seen to president fearing of being in pitchman by south Sudan parliament, the world is watching us led us not receive new nation with wrong constitution, what are we fighting for in all those year left, A, B, C, D, E, is very importance.
jur_likang_a_ likan'g
S. Sudan opposition sides with SPLM against amendment of constitution
Dear AdierAcien,
Amen! When I put the previous piece for public consumption was because a believe a good decision drawn from anything is goood if it is from up-downwards and downwards-up acceptance of communication. No matter where the leader comes from what matters is the people must be listened to is the decision is going to affect them. I do not believe the people will accept decisions that are likely to affect them socially, economically and politically. This was seen with decisions that came from Khartoum. It was an error that made people to loose lives. I believe our government can correct this by listening to the people because it is all about them. If a leader makes a mistake then who is going correct him? This is where the matter of a good constitution matters. I might be wrong. I beg you to forgive me. All we need is a free, just and independent society where the law is pro-people and from the people and not only from a bunch of people. In most cases a constitution of most stated come about through referendum to enable it gain confidence of the public. Mind you as a concerned person from that part of the world I am not against anyone but I trully object how matters are being handled. This is because it is for our future generation.
dakin
S. Sudan opposition sides with SPLM against amendment of constitution
I don’t know why you guys like to complicate things.
Now, Abyei is under seige, is there any Southerner preventing Mr. Kiss from declaring war against SAF? This self proclaimed president Dr. Saliva Kiss wants such powers to declare a tribal war against the equatorians and nuer and this two groups must take drastic measures to write their own constitution granting them similar powers to declare war against the Warrap drunkards led by this hooligan Dr. Saliva Kiss Kiss Mayar
Abikach Ayuel
S. Sudan opposition sides with SPLM against amendment of constitution
The issue is not about powers given to president, but do we know what it means for president given such powers ? To me it is good for Kiir to have such powers and there is need for him to exercise them with due respect to national interest ! If need be change will be made in future when permanent constitution will be in place ! Hope criminals are shaken by president’s authority and that is y they ARe shivering !
dakin
S. Sudan opposition sides with SPLM against amendment of constitution
Mr. Saliva Kiss lacks self esteem and confidence as a leader due to his weak and corrupt personality. He want to be given powers to solely declare a war in the Warrap state.Such a hooligan need to realise that real power lies with the people.
Declaring and fighting a war are two different things as witnessed recently by the Warrap Abyei militia.
AdierCien
S. Sudan opposition sides with SPLM against amendment of constitution
In The Name Of The Trinity God Amen
jur-likang-a-likang
you’re right. It was exactly a mistake from Khartoum govt which led to the split of the Africa’s largest and rich in natural resources into two. It is obviously a questionable freedom that our brothers in the North choose and neglect us right to freedom as well as they also like it. I hope we should not be blame for that. Remember, those conditions are not going to repeat in South Sudan if we appreciate and contribute to the new move in the govt. I know there are some negatives sides of this interim constitution but let’s give patience. Moving slowly but sure is better than taking a rush move. You know Jur I like your argument always not because of your English language but because you always remain on the topic and also you show your concern.
Thank you,
May God Bless You.
kulea
S. Sudan opposition sides with SPLM against amendment of constitution
this is not unique message this is call tribalism defendant our constitutions must including all southern ethnicity not only certain people you Dinka people you always try to learn your mistake when people burst yr asses this is not good at all when did gonna learn without somebody tells you that this is a mistake I never seen a dismantlement minded people like this people through life,
where God brought this evils walkable from to our nation this is a pure poisoning to our society those constitutions were unbalance constitutions we the Southerners we must to change some of the articles which too much power to the unconcerned current president,
Odingo
S. Sudan opposition sides with SPLM against amendment of constitution
Too much power to Dinka Bhar El Ghazal President
Folks, I can tell you that this country gona run with blood oneway or another under this Dinka President in powers, unless Nuer and Greater Equatoria step up and take charge of South Sudan Government.
In the democratic country, the president has no right to fire the elected Governor who has elected by the people like him, and the President has no right to dissolve the state MPS too.
Ya coward Dinka, your President has a power to fire the MPS who are apponited by him, such as Defense Secretary, Secretary of State, General attorney and Judges.
That is the power of the president folks. Folks I am 100% better than the one who wrote this constitution
dakin
S. Sudan opposition sides with SPLM against amendment of constitution
Jur Likang
Such cheap arguments in the name of trinity amount to blasphemy! I can not understand how Gogrial become so desperate to an extent of using the the religion to justify their immorality. Some one arguing that ‘WE HAVE TO MOVE SLOWLY.’ How? Why? and Where?
God will destroy SODOM!!!
dakin
S. Sudan opposition sides with SPLM against amendment of constitution
Jur Likang
Such cheap arguments in the name of trinity amount to blasphemy! I can not understand how Gogrial become so desperate to an extent of using the the religion to justify their immorality. Some one arguing that ‘WE HAVE TO MOVE SLOWLY.’ How? Why? and Where?
God will destroy SODOM!!!
Dinka-Defender-General
S. Sudan opposition sides with SPLM against amendment of constitution
HELLO GUYS, PLEASE DON’T BOTHER OR DON’T WORRY ABOUT PRESIDENT’S RIGHTS. KIIR IS NOT GOING TO LIVE FOREVER OR RULE FOREVER. YOU, BROTHER, FATHER, MOTHER, SISTER, COUSIN, AND SO FORTH WILL PLAY UNPOUN IT. YOU SHOULD BE HAPPY WITH THE RIGHTS YOU HAVE RIGHT NOW. I THINK YOU NEVER SMELL TOTALITARIAN GOVERNMENT. YOU SHOULD GO TO NORTHERN SUDAN, CHINA, AND MANY OTHER COUNTRIES AROUND THE WORLD. IN MANY COUNTRIES AROUND THE GLOBAL, YOU CANNOT FIND ANY FREEDOM WE HAVE TODAY IN SOUTHERN SUDAN. WE ARE BLESS TO HAVE ALL THE RIGHTS WE HAVE NOW. YOU SHOULD BE HAPPY. DON’T WORRY, KIIR IS ONE OF THE LOYAL AND RESPECTFUL PERSON IN SOUTHERN SUDAN TODAY. HE DOESN’T DISCHARGING MEMBERS OF HOUSE FOR NO REASON. THEREFORE, STOP COMPLAINNING AND GET A LIFE.
jur_likang_a_ likan'g
S. Sudan opposition sides with SPLM against amendment of constitution
Dakin,
Political mistakes are unacceptable. Never can the gallant people of South Sudan accept that. We have lost alot of people for the mistakes our olden chiefs and under-educated politicians made by accepting to live with Arabs in the same nation. We should therefore not contemplate to go back to history to bring colonialism in a different form – internal or external. It is the constitution that made our people suffer. Why should we adopt another one of the same type from our own for sake of owning absolute power over us. I think we should borrow a leaf from Kenya about this matter.
Because if we accept that constitution willingly now it simply means we are fools and we have accepted to be colonised internally. We will therefore be subjected to obey anything the president dictates. He is a human being who can make mistakes. Who will be responsible for displining him in case he makes a grave mistake? Only fools make mistakes twice. I hope we are not of that type. Our people died for a reason and that reason must be respected. We should not allow the power of greed be over us. South is for all of us and so it should be.
Abyei Soil
S. Sudan opposition sides with SPLM against amendment of constitution
You’re asking HOW? And WHY? How, we should ensure that all Southern territory are under safety and have met their necessities like education facilities, hospitals ie health care in all districts of South Sudan, peace and poverty eradictation by ensuring services delivery free like assisting small subsidiaries to come up economically and other things govt is concerning for. I am not campaigning but answering your ‘HOW’ question.
WHY! Of course when you are doing things hurry hurry, my friend you will definitely fall because you will loose every things even your neck. Look at this female Rwandan minister who sentenced to life imprisonment in hague yesterday. It is because they were rushing to end their problems with Tutsi minority, you see is now killing them one by one. So, if you got an opportunity follow it carefully and slowly and make sure that you’re on the right side with people. South Sudan is an opportunity to all Southerns therefore, we should take a major steps in the process of building our nation while respecting ourselves. There is the old saying; ‘you will loose GOLD while busy collecting STONES’.
dakin
S. Sudan opposition sides with SPLM against amendment of constitution
Abyei Soil
Our forefathers have been fighting for an independant South Sudan at a time your forefathers preferred not to be southerners.Patience? or Resilience?
I think you guys should be patient to GOS to provide you with those basic necessities you mentioned from your Northern oil of Abyei.
Good patience as you call it for you there in Northern Sudan so that you don’t break your necks!
Abyei Soil
S. Sudan opposition sides with SPLM against amendment of constitution
Oil is not in north. It is in Southern territory. You sleep on it in your “Luaak” let you be informed. You’re tribalistic. You will die coz of tribalism.
dakin
S. Sudan opposition sides with SPLM against amendment of constitution
Abyei Soil,
You call me a tribalist but it is you who is indeed both a tribalist and a trouble maker.
How are you going to help this country?
I prefer you remain in the North where you legally belong.
Nobody can ever trust you!
AdierCien
S. Sudan opposition sides with SPLM against amendment of constitution
In The Name Of The Trinity God Amen
Abyei Soil
It is true. This man called dakin or a woman may be is real tribal person you see the way he usually spell the Elected President of the Republic of South Sudan Salva Kiir Mayardit. He is really a person with no respects to himself. I don’t know what he means in that names. You see Abyei Soil, he usually like Abyei to remain to his uncle in the north which will never gonna happen.
Lord Our God, Grant Us Peace And Wisdom To Build Our Nation Under Your Altar.
Biar-awumbeny
S. Sudan opposition sides with SPLM against amendment of constitution
Raan or whatever u called urself,
I thought of not replying but you will stupidly assumed to have spoken rightfully, but mind you, in the first place u didn’t understand the context of my argument. In-pitch in English to indicate that u don’t know what u r talking about and you might have got stressed somewhere and that is what is called Displacement in Psychology. I won’t bother to talk more the subject matter because you too low to understand such an argument. Stupidity is worth insanity!!