S. Sudan justice minister questioned over Lakes state governor’s mandate
June 25, 2013 (RUMBEK) – South Sudan justice minister John Luk Jok appeared before the country’s upper house – the Council of States – on Tuesday to clarify on the legality of the Lakes state’s governor’s tenure.
Under South Sudan’s constitution, the president has the power to replace a governor on national security grounds, but a new governor, it states, should be elected within 60 days.
However, although the governor’s term in officer expired on 21 March, there has been no indication that an election will be held in Lakes state before the 2015 general vote.
The Council of States members described the tough security measures introduced by Dhuol as “unlawful”. They further accused the governor of allegedly violating the country’s transitional constitution by reshuffling cabinet, yet his legal mandate expired.
The members directed the justice minister to urgently intervene so that insecurity does not escalate in the region.
In a motion tabled by John Masua, Luk was summoned to give an explanation as to why Dhuol has been allowed to continue governing, despite the “breach” of the South Sudan Transitional Constitution.
Parliamentarians described the political situation in the Lakes state as volatile and argued that urgent intervention was needed to avoid a potential worsening of insecurity situation in the state, if public demand to elect a new governor was not met.
Musua told the upper house of South Sudan parliament that by staying as governor for over 60 days, Dhuol was in clear violation of Article 101(r) and (s) of the country’s transitional constitution.
The caretaker governor was also accused of violating Article 165 of the constitution, which he used to reshuffle the state cabinet and county commissioners in February.
The house also questioned Dhuol’s competence, after the latter forcefully ordered members of Lakes Sate Legislative Assembly to go for recess against their will.
But Luk, in a 16-paged document presented before the Council of States members, insisted that President Salva Kiir had not violated any article of the Constitution since he acted on powers vested upon him by the law.
The justice minister told lawmakers that there had been no violation of the Constitution, adding that the caretaker governor was being kept in the position based on a “doctrine of necessity.”
He said the act is to avoid occurrence of a vacuum in the state at a time of serious security problems that endangers the safety of the citizens and protection of their properties.
He instead blamed South Sudan National Election Commission, saying it was incapable of carrying out its mandate due to incomplete establishment of its administrative structures, compounded by lack of financial resources.
However, lawmakers told Luk not to blame the elections body, saying it was the government’s responsibility to ensure that it was functional.
Some members accused the government’s stance on Lakes state as a “political move”.
The parliament also held the executive responsible for the situation in the state, saying the formerly elected governor was ”not given adequate resources; politically and economically” to address the situation, referring to the centralization of the police, which dented his ability to address insecurity in the state.
The parliament passed a resolution on Tuesday calling for the government to immediately inform the the public about the situation in Lakes state, warning that without transparency, citizens will be compelled to take the law into their hands and insecurity will further increase.
The House also resolved that government prioritizes allocation of the necessary funds wanted by the National Election Commission in a bid to run its duties. It also demanded that the government prioritises, with immediate effect, the conduct of the gubernatorial bi-elections in Lakes state
It also demanded the re-examination of the decision of governor Dhuol’s decision to close Lakes state parliament for six months.
In his exchanges with lawmakers, the justice minister admitted some of Dhuol’s action have been “unlawful”.
However, he did not make clear what type of steps the central government would take against controversial caretaker government.
The US-based Human Rights Watch recently accused South Sudanese soldiers (SPLA) of allegedly detaining unlawfully and mistreating, since February, more than 130 civilians in its Lakes state.
The move, it said in a report, was in response to armed violence and inter-communal fighting that occurred in the state.
(ST)