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Sudan Tribune

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Illegitimate government, illegitimate referendum

By James Okuk

May 21, 2010 — Can a de facto referendum (whether for unity or separation) managed by an illegitimate government in the South be legitimate and durable if it is not recognized by the people and their other political forces in the context of genuine democratic transformation? I don’t think so because the people may not accept to go for any fake kind of referendum whose winners or losers shall be declared by the SPLM and NCP in the same way they did to last elections in defiance to the genuine votes of the people.

The IGAD and its partners and friends from the international community knew that it is only through genuine democratic transformation that the referendum could be seen as a success, both de jure and de facto. Referendum itself is part of democracy and there is no way you can subordinate democracy to save or rather serve the referendum.

When a confident political party or an individual goes for elections, they are supposed to avoid temptation of riggings and other irregularities. This did not happen, especially with the SPLM in Southern Sudan. As a consequence the legitimacy of the very so-called elected Kiir and other SPLM candidates remains contested.

That is why no single country from the known democratic entities within the international community congratulated Kiir for his fake victory. They only congratulated the people for going out to vote peacefully although their votes were not given a value to speak for who is chosen to be a leader with confidence and public mandate of representation. The votes of the very people got spoiled by the madness of riggings. This became bad news to germination of genuine seeds of democratic transformation in the country.

Thus, even if Kiir forms his government today without a final court ruling regarding the objection levied against his victory, his declared government shall still be considered illegitimate government. If such a government attempts to manage the referendum, that referendum may be considered illegitimate too.
Any legitimate government is supposed to be both de facto and de jure at the same time. A government that lacks legitimacy is not supposed to conduct the referendum because this shall be contradictory to democratic transformation.

So the real question for the public in Southern Sudan now is not “what to make and do about the de facto government in Juba in these circumstances?” because they have lived with this government and know how it behaves. Rather, the genuine question here is how to bring the missing element of legitimacy to that de facto government so that it becomes a complete government of leaders who represent the people with legitimate conviction and not leaders who pretend to represent the people while they only represent themselves and the cronies?

But how? Either for the constitutional court to declare Kiir innocent of elections riggings and other irregularities in the South or declare him guilty with nullification of his stolen victory so that re-election for the post he hold takes place. Time factor is not a problem as much as we have the utmost respect for the rule of law and people’s choice. We respected the rule of Sudanese law when Kiir was allowed to contest in the elections with his military titles intact though this was unjust. So what can prevent us now to respect the same law even if unfair!!!

So hurry up, please the electoral judges and NEC’s officials who are trying to play the game of delay-the-judgment-and-kill-the-case. Tells us whether Kiir has the legal legitimacy to form the GoSS cabinet in the few coming days. Don’t hide out of fear of his SPLA military might because at the end of the day the might shall never overcome the power of rights.

Dr. James Okuk is reachable at [email protected]

6 Comments

  • Gatwech
    Gatwech

    Illegitimate government, illegitimate referendum
    Excellent article, Dr. James Okuk!

    Dear readers,

    A QUIZ TO THINK ABOUT IN THE SOUTH!

    The mystery of “21” digit which marks some special events, good and bad in the South.

    1/ Do you know why the first agreement between North and South Sudan on self-determination and referendum was signed on 21st April 1997?

    2/ Do you know why the North-South war of SPLM/A took us 21 years?

    3/ Do you know why John Garang took only 21 days in office and died after taking oath?

    4/ And now do you know why Salvatore Kiir took oath on 21st May 2010?

    Please think about that digit “21” which you are stumbling over and instead walking into it like blind without walking sticks.

    Ahahahahahaaaaaaaaaaaaaaaaa…………………..

    Long live self-determination through referendum leading to full independence!

    Long live the champions of self-determination!

    Long live the people of South Sudan!

    May God bless South Sudan this year with the long awaited change!

    Reply
  • Dauson Gieth
    Dauson Gieth

    Illegitimate government, illegitimate referendum
    Dr. Okuk,

    This particular article has no substance. I understand why it has taken you too long to get over the elections that SPLM DC cleanly lost.

    When majority of Southern Sudanese express the desire to have SPLM continue row the boat to the referendum,a small clique (7%), were blinded by what I called petty issues they deemed strong to democratically beat SPLM.

    I voted right here in the South and I see no reason why SPLM DC supporters are still bitter, although bitterness has characterised this group for long. Now kiir is sworn in. He may not be the best leader the South ever or would have; but Southerners have vocally spoken through ballots and have chosen him. Refusing to recognize the people’s victory is being undemocratic. Yes the 7% are equally people whose right must be considered; but, democracy says the majority takes it all.

    Just before the announcement of results; you posted an article that any Southerner deemed as conceding defeat as well as lobying for Dr. Lam to be part of GOSS, after losing. I thought that was great. For now, Stop dreaming about the court. Although there were some irregularities; those don’t amount to massive rigging, or rejection of results.

    Finally; referendum shall be legitimate, because the government is legimitimate (People’s elected gov/Majority in that sense).I personally thought the only unifying thing for all the Southerners is referendum.

    Its a shame that some people have shosen the path of denying the people of Southern Sudan the right to self determination; simply because they did not vote for them, and have shosen not to recognize that the people have spoken or are using violence. But; I am quite sure of one thing;

    The pessimists; prophets of dooms; traitors; power greedy shall be defeated by the people, if they dare touch the referendum match.

    Okuk,

    Keep dreaming that the referendum will be illegitimate as you have dreamed of SPLM DC wining elections. Don’t recognize the referendum results as you are already resisting to recognize the SPLM victory in the just concluded elections, bu the people (Majority) shall be victorious

    Thanks

    Reply
  • James Okuk Solomon
    James Okuk Solomon

    Illegitimate government, illegitimate referendum
    Please know that Mr. Citizen Salva Kiir is not the referendum and the refererndum is not him. He is not the people of South Sudan and the South Sudan is not him. He can disappear any time from now before he sees the light of the outcome of the refererndum but the desire of Southers shall never disapear with him. CPA did not disapear when Dr. John Garang was killed untimely in the Ugandan presidential Chopper. The CPA was greator than him.

    Read the reports of the interational and national lections observers before you rush on my neck to strangle me when I say Mr. Kiir allowed the elections to be rigged massively in the South beyond reasonability. Since this has been acknowledged, it follows that his fake victory be nullified so that a sincere re-elections takes place sooner than later. If Kiir garnered the majority votes by then when fairness, freedom and transparency of the process is granted, there will never be any justifiable reason for me and others not to congratulate him and join hands with him in governing the South successfully with people’s mandate.

    No more shifts of opressions in South Sudan! Enough is enough. The SPLA guns shall never become mightier than the people’s rights and justice. Even as we speak here now many people are only patient and suffering in silence waiting to show Kiir the exit door from the GoSS once the South becomes an independent state. That is why they advice Ex. Gen. George Athor to take it slow with patience until that times arrives for the real explosion against Kiir to take place.

    Where is the confidence of the people on Mr. Kiir you are talking about? Even if you see many Southerners compromising with him now, this is not going to continue in near future. The people are already fed up with his leadership incompetence and other accompanying vices. Mr. Athor might be crown as the hero of resitance to bad rule in South Sudan as those who pretend to oppose him now will be seen rallying behind him. I hope you will have decided wisely by then.

    Reply
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