South Sudan ITGoNU changed constitution after amendment by joint panel

March 29, 2020 (JUBA) – The majority component (ITGoNU) of the revitalized national unity government in South Sudan has modified the Constitutional Amendment Bill (CAB) agreed by the National Constitution Amendment Committee (NCAC) in a clear violation of the peace agreement, claimed the SPLM-IO.

The NCAC incorporated the revitalized peace agreement into the transitional constitution and produced a bill which was signed into law on the 19/2/2020 by the President of the Republic of South Sudan.

However, in a letter seen by Sudan Tribune to the First Vice President on 27 March, Oyet Nathaniel Pierino an NCAC member for the SPLM-IO said that the ITGoNU changed the final text of the amended constitution and described the move as a “grave violations” requiring immediate action.

“We have noted however that out of 124 amendments in the Constitution Amendment Bill (CAB) number six (6), 2020, the ITGoNU deleted, modified and inserted some new provisions therein (…),” reads the letter before to enumerate the changes introduced to the amended text.

One of the most important changes, according to Pierino that the ” Amendment number (6) in the Bill (CAB, 2020, pg. 10); Article 3 (5) of TCRSS (2011) as amended; regarding the Supremacy of the Constitution; pursuant to (Article 8.2-4 of RARCISS), has been deleted from the Act to omit the supremacy of the Agreement”.

“Amendment number (123) in the Bill (CAB, 2020, pg.95) Article 203 of TCRSS (2011) as amended, regarding Permanent Constitution and its processes pursuant to Chapter Six (6) of the RARCISS has been deleted and a new provision has been inserted to nullify Chapter Six on Permanent Constitution and provisions on conducting National Elections under Article 1.20 of RARCISS, and the new provision reads as follows: Article 203. “National Elections and its processes shall be governed by the Transitional Constitution of the Republic of South Sudan, 2011 before coming into force of the Permanent Constitution,” he further wrote.

“This particular insertion is a deal-breaker,” he emphasized before to pinpoint to additional changes.

The SPLM-IO official recalled that version agreed by the NCAC, according to the peace agreement is final and cannot be reviewed by any authority.

“The Transitional National Legislative Assembly (TNLA) and the President of the Republic of South Sudan shall only ratify and assent respectively to the Constitutional Amendment Bill or any legislation drafted by NCAC pursuant to (Article 1.18.6-8) of the Agreement without effecting change on any provision,” he stressed.

(ST)