Feb 18, 2015(Nyamilepedia) — Salva Kiir and his cronies are always talking of the unconstitutionality of the current transitional constitution of the republic of South Sudan, 2011, which was brought in by the result of the independence of the republic of S.S, July/9/2011, from the old Sudan. And that replaced the then, interim constitution of S.S, 2005, a CPA, product. The President and his cohorts are rejecting any proposal which creates either the prime minister or the first-VP, as a new leadership structure in RSS. For them it is unconstitutional and constitutional inconsistency. Good enough, to me it is not either unconstitutional or a constitutional inconsistency, because there will be no way to retain the current transitional constitution of the republic of RSS, 2011, and the ongoing negotiating peace processes in Addis Ababa mediated by IGAD BLOCS, if it would at the end of the day bring a good and final peace and then, that peace should and must be composed of the following elements:
- a) Federalism which shall be enshrined and incorporated as a new system of governance into the TCoRSS, 2011.
- b) Political reforms and transformations that will be shaped by the power sharing ratios and the agreed upon reforms in the Intra-SPLM party agreement in Arusha.
- c) Security sector reforms and transformations that shall be worked out in the implementation modalities.
- d) Public sector reforms.
- e) Judiciary organ reforms.
- f) Amalgamation or creating of separate armies.
Addressing the roots cause of the conflict and many other related issues or changes to be made thereafter. Though am very pessimistic and doubtful of the IGAD’s double standard roles on south Sudan conflict to bring a just peace to end the suffering of the people of S.S. But if the aforesaid elements should be the parts and parcel of a would be peace agreement and therefore, they shall be enshrined and incorporated into the current transitional constitution of the republic of S.S, 2011, whether the peace is to be finalized by IGAD BLOCS or it is referred to any competent regional or international organizations, I and other people of goodwill in S.S and elsewhere in the world are wondering how will those proclaimers shall retain the current constitution??
On my personal view the current constitution shall be having an amendment that exceeds its three-quarters. And in all legal practices any constitution that is being repealed or amended to the average of two -3rds and then, it has to be considered as a new constitution with a new mandate, title and date. As result of this process, the national legislature, national cabinet, reforms to be implemented in the other national institutions, current States’ governments and counties shall be dissolved and the new states and counties are created to fit in the new system of governance, this shall be done amicably through the implementation modalities of the would be peace agreement.
These modalities shall include the constitutional technical committees from the warring parties to work out the amendment and repealing of the current constitution, which will be excluded from the formality that will be made by both the SPLM (IO) liberation council and national legislature in juba to ratify the would be final peace agreement in accordance with Section, 1 sub-section 3(b) of the current agreed IGAD, proposal on powering ‘’structure and mandate of the transitional government of national unity, The would be peace agreement shall be presented to the national legislature and the national liberation council of the SPLM(IO) for approval and ratification as is’’ . And after the amendment, the constitution shall be known either (federal transitional or interim constitution of the republic of South Sudan, 2015. And all schedules from A to E shall be new.
The understanding here of SPLM – juba groups are totally different.
M-7, Kiir and his Bahr el Ghazal supporters do not want article, 101, to be breakup by creating of either any of the above mentioned positions, because for them this is a co-presidency. But according Wani Iga and his brief-case group including food searchers Nuer politicians are claiming that removal of Wani Iga from VP is an unconstitutional procedure, without acknowledging that the current VP post is big for nothing, nobody wants it because it cannot bring peace. It is not the post that matters but its functions matter a lot. My dear country men and women let’s have a critical view for unconstitutional procedures which had made by none rather than the current self-claim-president in 2013.
- The president has removed Eng. Chol Tong Mayai, Governor of Lake State.
- He removed Ustaz, Taban Deng Gai, Governor of Unity State.
- He removed Dr. Riek Machar Teny, as his running mates in the 2010, and dissolved the whole government for a period of one full month.
- He removed his office chief-administrator and reappointed him into the same position without accountability. In my view and many others in South Sudan were and are considering the move of the president against the above mentioned comrades, not only unconstitutional but a constitutional abuse; because their removal was done without charges.
The following cases were and are not against the constitution according to Kiir and his idiocies political elements
- Kuol Manyang , former governor of Jongley was massacring Murle and Lou Nuer in hundreds of thousands.
- Rezik Hassan, governor of Western Barh El Ghal, was doing the same in western Barh el Ghazal.
- Malong Awan, the former governor Northern Bahr el Gazal State was very busy dismissing elected MPS from both state parliament and SPLM party, collected national revenues to his own pocket.
- The current appointment of Deng Athorbei as the minister of finance and economic planning was not vetted by the national parliament as a constitutional requirement, in accordance with article,57.
- Kuon Puoch the governor of Upper Nile State was very busy in Upper Nile State, removing and appointed the State’s parliament speaker and his deputy etc, All these cases were fallen into Kiir’s deaf hears and blind eyes and pined his eye into small issues which were having no relations to constitutional requirements to fire or remove the formers comrades.
The republic of South Sudan cannot and will never be the same again through any means. And it is apparently redline for the IGAD peace mediators or heads of the Sates and governments to impose any none executive prime minister orfirst –VP.
Hon. Riaw Gatlier Gai Chuol, former member of Council of States, former chairperson of Finance & Economic Development. At the moment a member of freedom fighters and can be reached through – email@example.com