South Sudan cabinet passes transitional constitution
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May 5, 2011 (JUBA) – South Sudan’s Council of Ministers has passed the
long awaited four-year transitional constitution, giving more powers
to the President of the would-be Republic of South Sudan, from July 9.


South Sudan’s President Salva Kiir holds a hat he received from U.S.
Senator John Kerry during their meeting in Juba January 8, 2011
(Reuters)The technical constitutional review committee have been
working to amend and merge the interim constitutions of Southern Sudan
and Sudan national constitution, 2005, for the last two months. The
controversial draft constitution was boycotted by a number of
opposition political parties in South Sudan, who accused the ruling
Sudan People’s Liberation Movement (SPLM) of reneging on the spirit of
consensus with them in order to arrive at the final draft. Other
political parties sat through the whole process despite their
reservations in the draft.

The document was presented to the cabinet on Wednesday by the chairman
of the technical committee drafting the transitional constitution,
John Luk Jok, minister of Legal Affairs and Constitutional
Development. The cabinet passed the document almost in its entire form
as presented by the technical committee with very few amendments.

The minister of Telecommunications and Postal Services, Madut Biar,
who acts as official spokesman of the government, told the press after
the meeting that the issue of land has been resolved in the
constitution. “Land belongs to the community but shall be regulated by
the government,” he said. He said it will be divided into three
categories: government, community and private lands.

He also explained that the transitional constitution has also
stipulated that the police forces, their officers, shall be trained
nationally and deployed to the ten states by the would-be national
government, and not necessarily to states the recruits hail from.

Decentralization is encouraged in the document while the proposal for
a federal system in all its forms will need to be studied first before
any adoption in the next permanent constitution by the end of the
four-year transitional period.

The powers of the president were strengthened for the next four years
from July 9. While the transitional period is stipulated to be four
years, the tenure for President shall revert to five years.

The president, according to the document, shall have the power during
the four years of transitional period to dissolve a state government
and fire an elected state governor if situation necessitates. He can
also declare war and state of emergency without necessarily consulting
with parliament.

During the two months of discussions on the draft document, technical
committee members explained that the coming period needs the
additional powers for the president.

The constitution has also provided for inclusion of Abyei as part of
the territory of the Republic of South Sudan. Earlier, President
Bashir of Sudan threatened to withdraw his recognition of South Sudan
independence if the region unilaterally annexes Abyei territory to the
new born nation.

The document also provides to accommodate in Juba national parliament
all the elected members of South Sudanese parliamentarians to the
national assembly in Khartoum irrespective of their political parties.

The same applies to the 20 members elected to the Council of States in
Khartoum. The current parliament in Juba shall be expanded for the
purpose as well as create the Council of States in Juba, making the
new parliament bicameral. South Sudanese elected to Khartoum state
assembly shall join their respective states parliaments in South
Sudan, the document has stipulated.

Additional 66 members from various political parties shall be
appointed by the president to the transitional parliament. 30 other
members shall be appointed to the new Council of States, making the
total 50, from various political parties.

In case the post of the president falls vacant within the first one
year of the transitional period from July 9, the document says the
political party, on whose ticket the president was elected, shall
nominate his successor within 14 days. If the vacancy occurs after one
year of the transitional period, then elections shall be conducted to
fill the vacant post of the president.

There shall be formed a constitutional review commission that shall
call for constitutional conference during the transitional period to
work on a permanent constitution that shall take effect after four
years. The permanent constitution’s process is expected to be
completed by the last year of the transitional period.

The Council of Ministers, after endorsement of the transitional
constitution, directed the minister of legal affairs and
constitutional development, John Luk, to table the document before
parliament for final approval.

After endorsement by the parliament, the document will be signed by
the president on 9 July, and to immediately come into effect.

South Sudan was granted the right to self determination through a 2005
peace deal that ended decades of conflict. A referendum in January saw
an overwhelmingly vote for independence.

(ST)

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