What will South Sudan Transitional Constitution change?

By Steve Goi , JUBA, SOUTH SUDAN

JUNE 19/2011, SSN; As the debate over the draft transitional
constitution of south Sudan gets harder each hour in different
quarters then, one could ask a very simple question; under whose
interest is the constitution needed for? Is it for the benefit of the
common wanainchi (people) or the state politicians?

Is the quest for a new constitution intended to safeguard continuity
of people serving in the key executives in the government or is it
needed to correct structures?

Any attempt to answer these simple questions can surely lead one to
prematurely conclude on certain logic that subjugate to politic.

By comparison, it is actually true that constitutional reforms or
review had never been transparent in practice especially in the
context of developing nations or ‘’political left’’ and particularly
in the African states; although few countries such as South Africa
among others had shown political tolerance during their quest for new
constitution after the end of apartheid rule.

In this context, most African leaders always perceive or misconstrue
constitutional reforms as deliberate call for coup d' etat or
regime-trespassing. This particular scenario had contributed
significantly in destabilization of African nations beyond civil wars
and it has also caused political unrest.

Not only that, such limited understanding of reforms had prompted many
African leaders to blackmail constitutional reforms as well as create
unnecessary political pollutions in readiness for tribal tension. We
must learn from these political mistakes or deliberate political
anarchy made over years in Africa and strive to build this young
nation on acceptable values that will last for decades.

Back to the main topic, the soon-to–be-adapted transitional
constitution must be approached with clear and sincere reconciliatory
mood which is anchored in true values of prosperity so that south
Sudan can rise to the challenge of despotism.

It is quite clear to many in south Sudan that the process of drafting
transitional constitution is marred with both logical and illogical
concerns right from the onset of the review committee formations to
the status quo, there had been conspicuous critics on every single
step taken.

Although this could be healthy or destructive in different ways, it's
worth mentioning that there is need to have a total aggregate sum of
laws that will safeguard the destiny of this young nation. All
quarters or concerned parties involved must reach consensus or seek
public blessing over the draft for many reasons otherwise we will have
a constitution that is best known to few or a document that protects
able politicians for indefinite terms.

It is now apparent that the rift over key clauses in the draft
constitution appeared to have divided the key principals- the
president and the vice president- where it was quoted by various media
houses that the president accused the latter of trying to run a
parallel government while the vice president conspicuously circulated
a refined version of his choice over the draft constitution.

What shall the public or common wanainchi benefit from war of words by
the two principals over the draft constitution?

Is the draft transitional constitution aimed at protecting the key
principals? Or is it a code of rule which aspires to regulate the
allocation of functions, power and duties among the various agencies,
officers of government and defines the relationship between these and
the public?

Will the transitional constitution make any difference? Or in the same
respect, can a written constitution guarantee the behavior of a
regime? Does having any constitution matter?

In today’s realities, more and more political scientists are putting
less emphasis on constitution as a significant structure in political
system but also argue that too often, a constitution -whether written
or unwritten- is not a true reflection of the manner in which a
country system operates and therefore the constitution is of little
use or value.

Frankly speaking, what did the 2005 interim constitution of south
Sudan achieve over the last six years in terms of prosecuting
corrupters, prosecuting tribal conflict mongers, land restitutions
among others?

It is up to us to have a well written constitution in paper that we
shall not adhere to in any way or have an unwritten constitution that
can uphold and enforce fundamental rights in this young nation.

Let’s all participate constructively in building our nation.

Steve Goi is south Sudanese living in Juba. He can be reached via
[email protected]
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