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The Constitution does not give the president powers to appoint state-level government-Lam Akol

Dec 11, 2020(Nyamilepedia) — The National Democratic Movement (NDM) leader, Dr. Lam Akol, analyzed the recent presidency’s decision in accordance with the South Sudan constitution and said the President does not have powers to appoint the State-Level Governments.

Dr. Lam Akol meeting Salva Kiir in Addis Ababa, months after fleeing Juba, South Sudan(Photo credit: file)
Dr. Lam Akol meeting Salva Kiir in Addis Ababa, months after fleeing Juba, South Sudan(Photo credit: file)

He said that the Transitional Constitution of 2011 does not give the president the power to appoint the State governments.

“In my humble opinion, the President of the Republic has no power to appoint the States’ Governments. Of the numerous powers of the President under Article 101(they are 20) none is the appointment of State Governments,” Lam wrote.

According to the opposition leader, Article 164 (2) of the Transitional Constitution 2011, is clear that it is the governor that appoints and relieves members of his government.

Article (2) stipulates that “The Governor of each state shall be the head of the executive organ in the state and shall appoint and relieve the Deputy Governor, Advisors and state Ministers in consultation with the President and accordance with the state constitution.”

Lam said that the decision of the Presidency is a usurpation of powers of the States’ Governors granted them by the Constitution.

He added that it is more puzzling to see the presidency which heads the National Executive in implementing the Revitalized Transitional Government of National Unity (RTGoNU) going against it.

NDM leader accused the president of accumulating more powers instead of devolving power to state governments.

“Article 1.2.15 of R-ARCSS stipulates that one of the functions of RTGoNU is to ‘devolve more powers and resources to the State and Local Government levels.’ Far from implementing this article, the Presidency is busy concentrating more powers into the hands of the President.”

The opposition leader said that the presidency should have informed the governors to appoint their governments through an official letter.

“What should have happened was for the parties to write a joint letter to the governors of the states informing them of the agreements that have been reached for those governors to issue decrees appointing their governments per the Transitional Constitution and the Constitution of each State, and supervise their taking of the oath of office.”

He also said that the president should not establish the Transitional National Legislative Assembly adding that it is the responsibility of the parties to submit their lists of preferred candidates.

“Therefore, the President has no business to proceed “to establish the TNLA”. The parties should be urged to submit their lists to the NCAC from whom the President will receive one unified list of the 550 members of the Revitalized TNLA. As to the Council of States, the agreement is silent on the procedure of its formation. Hence, the Presidency can decide how to do it,” Lam castigated.

Lam Akol alleged that it is not fair for the president to form state governments while denying the Upper Nile State a government.

“First, is it within the powers of the President of the Republic to appoint sub-national Governments? Second, regardless of who has the power to appoint State-level Governments, what is the justification for denying one State its right to get its government like the rest of the states?”

The presidency had met on 9th December and agreed that President Kiir shall appoint state and local governments of the nine states except for Upper Nile State.

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