WBGS Constitution Endorsed But With Controversial Clauses
The Western Bahr el Ghazal State (WBGS) Legislative Assembly last
Friday passed the State constitution with disagreements on 3
controversial Clauses.17 January 2012
WBGS Assembly members deliberating during the constitution endorsement
session [©Gurtong]By James Deng Dimo
WAU, 17th January 2012 [Gurtong] - The Western Bahr el Ghazal State
(WBGS) Legislative Assembly last Friday passed the State constitution
with disagreements on 3 controversial Clauses.

Out of the 48 members, 41 were in session which is above the required
quorum during the passing of the constitution including the Assembly
Speaker, Mr. Andrea Mayar Acho.

20 members voted in favour of the constitution but demanded that the 3
main controversial articles should be reviewed; while 14 members voted
for the passing of the three articles as they are.

6 members failed to vote in favour of the important State document;
the House Speaker granted the decision to deliberate on the three
controversial articles.

Abraham Dimo Cirillo representing Mapel constituency number 18 failed
to vote because the constitution belongs to all the State citizens
hence cannot be passed with the errors which need careful
deliberations.

The controversial articles

Article 64 (2) reads, “the first sitting shall be chaired by the
incumbent speaker of the transformed State Legislative Assembly.”

Mr. Abraham Dimo described article 64 (2) as adopted from the national
constitution which says “the existing State Legislature shall be known
as State Legislative Assembly. They shall comprise of the current
elected members.

Secondly, Article 65 (6) which also indicate that, “notwithstanding
the above, the current leadership of the State Legislative Assembly
shall maintain their positions in accordance with the internal rules
procedures and regulations for the conduct of its business.”

Thirdly, Article 121 (1) was the most contentious article opposed by
many members; the article states that “the State shall establish a
Commission to be known as the State Civil Services Commission, the
Commissioner shall be appointed by the State Governor.”

They demanded that the Commissioner should not be appointed by the
Governor but his appointment need to be determined by law.

Abraham Dimo Cirillo reminded the members that, “the Assembly is one
because when you put a clause into the constitution that reads -the
appointment of the Commissioner is to be determined by the law, is
just like saying -the appointment is being made by the Governor.”

Dimo also said that, “the law is made and passed by parliament and the
executive which is headed by the Governor who in turn implements the
law. This means that any law enacted by parliament is implemented by
the executive headed by the Governor.”

According to article 121 (1), the State Assembly has accepted the
establishment of the State Civil Service Commission, no matter who
will appoints the Commissioner.

Mr. Dimo also criticized the establishment of an independent HIV and
AIDS Commission in the State constitution because it already exists as
a national commission with offices in all States down to Counties and
Boma levels.

Posted in: Home, Parliaments

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