South Sudan parliament convenes extraordinary sitting to discuss
transitional constitution
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May 7, 2011 (JUBA) – South Sudan’s Legislative Assembly (SSLA), has
called for an extraordinary sitting to deliberate on the transitional
constitution proposed to come into effect when the region becomes
independent on 9 July.
JPEG - 76.7 kb
The Minister of Legal Affairs and Constitutional Development John Luk
Jok. (Photo: Pascal Ladu)
The new Republic of South Sudan will be created following an
overwhelming vote for independence in a January referendum, which was
agreed as part of a 2005 peace deal.
The transitional constitution was endorsed on Wednesday by the cabinet
of the semi-autonomous region. The cabinet directed the minister of
Legal Affairs and Constitutional Development, John Luk Jok, to
immediately table the document before the assembly.
Luk, who also chairs the technical committee that has been drafting
the document over the last two months, presented the document to the
speaker of the parliament, James Wani Igga, on Friday.
In normal circumstances, the parliament sits only on Monday, Tuesday
and Wednesday, leaving Thursday and Friday for the work of specialized
committees. Saturday and Sunday are days off for South Sudan
legislators.
However, given the urgency of the matter, Igga, called for an
extraordinary sitting to take place on Saturday to begin deliberations
on the transitional constitution. The document should be ready by July
8 so that the president of South Sudan can sign the document on the
proclamation of independence on July 9. The transitional constitution
shall also be the basis on which the government shall function after
July 9, including the new swearing in of the current president, Salva
Kiir Mayardit.
Kiir shall also reconstitute his cabinet and expand the current
parliament by appointing more members to the legislative body,
including those who will leave the national assembly in Khartoum.
The powers of the president are strengthened in the document for the
next transitional government beginning from July 9. While the
transitional period is stipulated to be four years, the presidential
term shall revert to five years.
The president, according to the document, shall have the power during
the four years of the transitional period to dissolve an elected state
parliament and fire an elected state governor if situation
necessitates. He can also declare war and state of emergency without
necessarily consulting with the South Sudan 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 the contested
oil-producing region of Abyei as part of the territory of the Republic
of South Sudan. Sudan’s president Omar Hassan al-Bashir has threatened
to withdraw his recognition of South Sudan independence if the region
unilaterally annexes Abyei.
The document also provides to accommodate in the Juba national
parliament all the elected members of South Sudanese parliamentarians
to the national assembly in Khartoum during the April 2010 elections,
irrespective of their political parties.
The same applies to the 20 members elected to the Council of States in
Khartoum from South Sudan. The current parliament in Juba shall be
expanded to nearly 400 members mainly for the purpose of accommodating
the members 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 state parliaments in South Sudan,
the document has stipulated.
An additional 66 members from various political parties, including the
ruling Sudan People’s Liberation Movement (SPLM), shall be appointed
by the president to the transitional parliament. Thirty other members
shall be appointed to the soon-to-be created Council of States, making
the total 50, from various political parties including SPLM.
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, 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 the Vice President shall
takeover until the time of elections.
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.
Parliament is not expected to make any major amendments on the already
approved draft by the cabinet.
The SPLM on Friday said it has rejected consultative discussions with
opposition parties over the interim constitution.
Five opposition political parties walked out of the two day
consultative political parties leadership forum held in Juba, claiming
the constitution was drafted to satisfy interest of the SPLM and gives
more powers to the president without providing for power sharing with
opposition parties.
(ST)
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