EES Parliament Resumes As Legislatures Reject Crucial Clauses On South
Sudan Draft Constitution
After a 3 months recess, Eastern Equatoria State Assembly, EESA
finally reopened on Monday 13th this week. The Legislatures promised
to maintain peace in the State as they resentfully debated on crucial
clauses in the South Sudan Draft Constitution.16 June 2011
EES Legislatures critically study the proposed South Sudan
constitution in Torit [©Gurtong]By Peter Lokale Nakimangole
TORIT, 16th June, 2011 [Gurtong] - After a 3 months recess, Eastern
Equatoria State Assembly, EESA finally reopened on Monday 13th this
week. The Legislatures promised to maintain peace in the State as they
resentfully debated on crucial clauses in the South Sudan Draft
Constitution.

During the opening session on Monday, the State Governor, Louis Lobong
Lojore called for unity among South Sudanese adding that it was
important for southerners to continue forgiving each other as they
prepare to usher in a new nation.

Governor Lobong admitted that there were numerous challenges that
would face the new South Sudan but was optimistic in resolving them as
a nation.

He assured the house that organized forces had been deployed to
hotspots while all conflicts in the State had been effectively
settled. According to him, the Government had set up different peace
and reconciliation oriented committees to mitigate conflicts among
warring communities in the State.

Lobong also said that his State was committed to ensure that public
funds and property were managed appropriately by ensuring those who
embezzle public funds were apprehended. A joint committee was formed
for the public service to handle promotions and appointment of civil
servants based on merits.

The disclosed that among other achievements, his government had
improved various road networks and rehabilitation of bridges, fair
allocation and regular supply of drugs to State run and Counties
health facilities, initiation of Ngaluma gravity water in Ikwoto
County, and successful construction of Kapoeta electrification plant
which is currently operational.

The House Speaker, Emmanuel Ambrose Ocholimoi told the House that
while they were on recess, he managed to issue a number of provisional
orders together with the cabinet ministers in collaboration with
Business Committee of the Assembly, ABC; citing provisional orders on
Land & Public utilities tax 2011, Water, Environmental sanitation &
Hygiene promotion 2011 and an order on Tourism Tariffs.

The President of High Court in Eastern Equatoria State Mrs. Sumeya
Saleh seriously advised the State Lawmakers to embark in reviewing and
passing necessary bills that impact on the people’s socio-economic
welfare.

She urged them to prioritize fundamental bills which aim at addressing
people’s needs while citing a faith-based bill that would allow civil
society organizations like religious groups to apply for national
funds to enable them run programs and help the needy.

“You are privileged to represent your people in the respective
constituencies. This does not mean you are here to sit back and enjoy
yourselves; you are required to offer maximum support to them in
return,” The president told the Legislators during the opening
session.

The High Court president also reminded the house that it was very
important for the Judiciary and Parliament including the Executive to
cooperate. According to her, in order to ensure promotion of good
governance, the rule of law and human rights, Saleh recommended that,
“it is necessary to have a State strategy on good practice, governing
relations between the Executive, Parliament and the Judiciary.”

Justice Saleh affirmed, “We should all of us necessitate each other by
seeking principles that ensures tolerate each other. These sisterly
branches, Legislative, Judicial and the Executive, must always have
the confidence of their people by being transparent during
deliberations and accountability decisions.

She warned that the State -wide legal institutions shall favour nor
fear no one while dealing with the top management, including the
premiers, when handling cases filed against them.

Saleh took office late March this year after her counterpart; Justice
Charles Oyoo was transferred to Upper Nile State following a judicial
reshuffle.

Key clauses in the South Sudan draft constitution debated
After a thorough study by the joint committee drawing its members from
the Legislature, Executive and State Civil Society groups, Eastern
Equatoria State has rejected and in the same time amending some
selected key clauses in the South Sudan’s draft constitution as
announced by the advisor to the State Government on Political Affairs,
Hon. Alphonse Muras Chacha.

Speaking to Gurtong on Friday the 10th of June in Torit, Hon. Muras
said that having critically studied the document, a clause which
states that the president of the Republic South Sudan shall be
empowered to remove State Governors and dissolve the Assembly and
replace it with new appointees saw the Assembly members bitterly
express dissatisfaction prompting the formation of a parliamentary
committee which made amendments and recommendations then sent to the
drafting committee in Juba for consideration.

Quoting article 101 of the constitution on powers of the president,
the Political Advisor recommended that, “an elected Governor should
not be removed by the president, except by impeachment of the State
Legislative Assembly.”

In his opinion, Hon. Muras recommended that the clause needed an
immediate deletion since the State Assembly was competent to impeach
an elected Governor. “The president should only be given powers to
recommend for the removal of a State Governor to the State Legislative
Assembly which may reject or endorse based on charges.”

The Advisor also highlighted some of the clauses which the State had
already recommended like the Police Force deployments & State Police
Commissioner’s appointment to be the responsibility of the State in
addition to customs revenue collection management.

Hon. Muras protested that since the State Governors were
democratically elected by their constituents, the president of the
Republic of South Sudan had no powers to remove or replace them; the
same applied to the Members of Parliament.

“Removing these officials through presidential orders contradicts the
spirit of democracy we have been talking about.” He insisted.

Speaking last Saturday during the graduation ceremony of 36 Local
Government Administrative officers at the Catholic Diocese of Torit,
the State Deputy Governor, Nartisio Loluke Manir who is also the Local
Government Minister criticized some clauses in the draft South Sudan
constitution where authority to deploy police officers and appointment
of the Police Commissioner in the State were vested on the President.

He recommended that, “The appointment of the State Commissioner of
Police should be done by the State Governor in consultation with my
ministry.”
Posted in: Home, Governance, Parliaments

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