Analysis: VP Machar to Oversee Workshops on Federalism
By Simon El Hag Kulusika, Lusaka, Zambia,
Nov 1, 2020 (Nyamilepedia) — It’s reported that the First VP of SS is directing the holding of Workshops on Federalism or Federal system, to be hosted by the ministry of federal affairs. We support such positive moves in determining what system of governance to be after the expiration of the mandate of the current R-TGONU.
All along we have called and advocated federal system or federalism as the safest form of governance for SS as it’s a reflection and confirmation of our past snd present political expectations and aspirations.The first question is how do we establish a federal system of government?
This must be answered by stating in the constitution that the people of SS resolved and agreed to have and establish a federal system or federalism as the basis of governing SS. That is powers of the State must be divided between the national (federal) (or central) government and state,local and traditional governments.
The second question is how do we designate the top executive authorities under the agreed system? Presidential or parliamentary authorities. (A) If presidential then a state shall have a governor, (B) If parliamentary then there shall be a prime minister at national level with a president as a figure head of state and a First Minister for a state government, and (C) Other details will then be amplified.
The third question that arises is how do we divide powers between the two levels of governments? There must be drawn three lists containing all imaginable powers of a nation: (a) List setting out powers of the national government; (b) List on powers to be vested in state’s government equally, and (c) List of concurrent powers. Who shall exercise these powers will be determined by mutual agreement.
In case of disagreement the matter shall be resolved by the Supreme court or constitutional court as the case may be. The fourth question relates to the judiciary. Should there be one judicial system?
Or a dual system? A dual system fits well with federalism. At national level courts system includes magistrates courts, high courts, appeal court, Supreme court and constitutional court.
At states level: traditional tribunals, local courts, magistrates courts, high courts and appeal court only. Other details will define who appoints the judges and the justices of the superior courts.
Last question is about the Army. There shall be one national army based on balanced representation of ethnic groups. The same for the police, correctional and security services. Deployment of forces must meet regional sentiments and fears.
With the above resolved and the number of states agreed upon, a federation for SS is guaranteed and participation assured. Forward we March together, SS needs stability and peace for socio -economic changes.
The author, Prof. Simon El Hag Kulusika (ZAOU, Lusaka), is a concerned citizen of South Sudan, Arapi, Pa-Geri County, Eastern Equatoria State of South Sudan. He can be reached via his email address: email@example.com
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