South Sudan Election in 2015: Legitimizing the illegitimate
Jan 5, 2014(Nyamilepedia) — South Sudan is at a cross roads since 15 December 2013 when President Salva Kiir declared a senseless war on his legitimate voters in a blatant violation of Article 190 of the transitional constitution 2011. Instead of declaring war on external aggression by Sudan, he decided to commit genocide on his own very citizens who vested their sovereignty on him to solemnly protect them and their properties. The country and the people are in search for peace since January 2014 up to date; all efforts under mediation of IGAD never yielded any results so far, or weren’t successful for the reasons known only to warring parties and the IGAD, is very discouraging that the focus of the government at this moment is shifting from peace, reconciliation, justice and accountability to the legitimacy of one individual call the President, with some diehard believing that only through election in 2015 the lost legitimacy of Salva Kiir can be found and restored, the question which come to mind always is who will participate in that elections? All the political parties in South Sudan are obsolete therefore lost legality and legitimacy since they weren’t registered or given permission to engage in any activities under section 6 of the Political parties Act 2012, the transferred legitimacy from another country’s jurisdiction call Sudan after gaining independence has expired with Khartoum revoking all the previously issued certificates also with enactment and the lapse of the ultimatum of the political parties act 2012, any activities by all political parties in South Sudan including the ruling party SPLM create a very serious violation of the constitution and the law which prevent any political party to engage in any activities without a certificate of registration or a permission in accordance with the Act. This raises a lot of concerns about the legitimacy of SPLM intra political dialogue being facilitated by CMC the ruling party in Tanzania, or even the legality of political parties participation in the IGAD led peace process.
Another big challenge is the capacity of the electoral commission, Article 64 of the transitional constitution 2011 requires the electoral commission to organize a bye-election within 60 days from the occurrence of a vacancy, the speakers of both houses shall notify the electoral commission if a vacancy occur, many vacancies occurred since 2010 in both houses, states parliament and states governors of Lakes, Unity, Jonglei and Northern Bhar El-Ghazal, either through death or removal by presidential decrees, no any bye-election held in South Sudan up to date to examine the capacity of the electoral commission, this is an indication that the president has no respect for the constitution. Article 194 of the transitional constitution obliged whoever contest election in South Sudan to respect, uphold and abide by the constitution and the law, talking about election in 2015 is a mockery to the people of South Sudan who voted overwhelmingly to establish their own independent democratic state called South Sudan.