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New South Sudan Budget Proposal Could Render Peace Agreement Ineffective Before It is Formed

Kiir arriving at SPLM house in Juba for a meeting with members of SPLM Caucus in Parliament (File/Supplied/Nyamilepedia)
Kiir arriving at SPLM house in Juba for a meeting with members of SPLM Caucus in Parliament (File/Supplied/Nyamilepedia)

August 20, 2019(Nyamilepedia) — South Sudan’s incumbent government, which has an upper hand in a peace agreement that was signed in September last year, is currently vetting a budget for the fiscal year 2019-20 that may allocate funds for the implementation of the Revitalized Agreement of Resolution of the Conflict in South Sudan (R-ARCISS).

If the Kiir’s government goes ahead to unilaterally pass the new budget, the oppositions fear that the regime may allocate insufficient budget as a string to ensure that the peace agreement is not implemented.

“Incumbent TGNU has no Competence to budget for Revitalize Agreement Except providing for Expenditures to facilitate Pre-Transitional Activities under NPTC ” Said Nathaniel Pierino

“The ongoing budget process in the Transitional Legislative Assembly if passed shall run for financial year 2019/2020. It is no doubt such approach will violate the terms of the Agreement.” He added.

Citing articles of the South Sudan’s Transitional Constitution, which is hardly obeyed by the parties, the SPLM/A-IO Representative to NCAC, Dr. Nathaniel Pierino, reiterates that it will be impossible to amend the budget once it is passed.

“Article 90 (4) (TCRSS 2011 as amended) provides that when a budget is approved by parliament, and In case of any circumstances unforeseen at the time of developing the budget, an additional spending in form of supplementary budget shall be submitted to parliament for approval and such budget shall not exceed 5% of the approved total budget.” Dr. Pierino said.

“In case the budget is approved, the RTGNU executive and legislature shall submit and approve a supplementary budget not exceeding 5% of the approved budget, this will render the RTGNU ineffective in the first year of its term and most of the programs outlined therein to be accomplished under its mandate in this year will be significantly affected. The RTGNU therefore is being rendered ineffective before its formation.” He continued.

The incumbent government is just one of the five (5) parties to the Revitalized Agreement and giving one out of five parties such an absolute power could bear huge consequences on the entire agreement.

“How can ITGNU unilaterally plan, pass and execute a budget for the Revitalized government of National Unity-RTGNU or implementation of the Agreement.” Dr. Peirino asks.

The SPLM-IO proposes that the The Revitalized Transitional Legislative Assembly, which shall be composed of TGNU-Kiir, SPLMAIO, SSOA, FD and OPP, shall adopt it’s own budget to enable it pursue its mandate stipulated in the Agreement under article 1.2.

“The budget proposal and process under one party to the Agreement is unilateral and not only undermines the principle of collegial decision making but also a fundamental violations of the Agreement.” He continued.

“This budget shall place ITGNU on course to proceed with budget execution and eventually embark on unilateral implementation of the peace Agreement effective the beginning of the next financial year even without the rest of the party to Agreement in government” Dr. Nathaniel said

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