By Chan George Mayot,
June 10, 2023 — One prevailing fact in the court of public opinion is that the government of South Sudan has failed its citizens greatly; to a large extent, the executive is primarily seen to have been captured by cartels, looting the country to its knees, the judiciary that is supposed to ensure fair dispute resolution, upholding rights, and bringing culprits to justice is incapacitated and serves the interest of the executive-the chief Justice having been reduced to an oath administrator to appointees of the president- The Legislature seems to have crumbled to the overbearing influence of the executive; there is no clear distinction between the opposition MPs and government MPs, and if any, it only exists on paper.
The government (executive, legislature and judiciary) is considered to be a total failure because of it’s opaqueness; there is a serious lack of accountability and transparency in its operations. The public has limited knowledge on what the government is doing. This is contrary to article 32 of the constitution which posits that every citizen has the right of access to official information and records, including electronic records in the possession of any level of government or any organ or agency thereof.”
To give life to article 32, there is a serious need to increase access to information. The executive ought to have websites for various ministries. This will enlighten the public about their accomplishments, ongoing work, and proposed improvements within various ministries and state departments. Similarly, The Judiciary should have its own website where it publishes filed and adjudicated cases. This will enhance public knowledge and bring accountability and transparency in the judiciary as judges’ decisions will be in the public domain hence subject to scrutiny, especially by those in the legal profession.
In Constitutional Democracies world wide, the legislature is considered to be the most important arm of government because of its legislative function-as no society can function without Law- another function is to Represent their constituents and oversight. Parliament should therefore take the front lead when it comes to access to information as they are the closest representatives of the people notwithstanding the fact that they are appointed and not elected.
Parliamentary business is public business; therefore, the citizens should have real time access to deliberations of parliament and its committees on important national issues. This access can be achieved by establishment of Parliamentary Broadcasting Unit and formation of Parliament website where important information such as the bills that have been tabled or passed in parliament can be accessed. There are Over 60 countries worldwide, inter alia Britain, Canada, Botswana, Nigeria, South Africa, and Kenya and Uganda in the East African region, that have adopted live broadcasts of parliamentary proceedings.
I implore the speaker of the TNLA to form a house broadcasting committee in order to facilitate the coverage of proceedings of parliament. The proceedings will raise awareness of the everyday activities of parliament and reassure the public that the house is working. This will help the public to demystify parliament and its works and most importantly help the public assess their Member of parliament and the quality of debate, if any, on pressing National issues such as the state of the economy. It will also increase the appreciation of parliament as an institution by helping the public understand the legislative and oversight role of parliament. It will also help the members of the public in acquisition of knowledge on parliamentary procedures, duties of an MP and government policies.
In conclusion, while the government is often regarded as a total failure, there is a possibility that it may be working diligently behind the scenes. The perception of a “failed government” is one-sided. It is high time for the government to demonstrate its achievements;what it has done, ongoing work; what is being done, and future plans; what it is planning to do by providing access to information. Transparency will strengthen and amplify the link between the government and its citizens, alter public attitudes and perceptions across all social strata, and potentially rebuild public trust.
The writer is a student of Law at the university of Nairobi. He can be reached through chanmayot72@students.uonbi.ac.
