Why Is The President Keeping The Nation In Suspense?
"How can I afford to allow the president apply the same constitution selectively while I claim to be a legal professional?" 25 March 2013 The Lakes State Scenario By Juma Mabor Marial* (Gurtong –Edited)- I am talking about the Care-takership of the Lakes State by governor Gen. Matur Chut Dhuol. But I must, from the outset, underscore that the man has so far performed remarkably well in the area of security and with respect to taming of the criminal elements in the state. He has proved beyond any reasonable doubt that, there was indeed no political will to restore sanity in the state by the previous governors. The establishment of Lang-cong prison camp says it all. The conditions that I have heard the inmates are being subjected to in that facility are the true characteristic of an ideal prison because, unlike previous centers (Alexic as a primary example) where the inmates are visited by their girlfriends and given the best food that they have never eaten from home until their imprisonment, this current treatment of inmates by Governor Dhuol is the contrast and that is a true concept of deterrent and maintenance of law and order. This tells the criminal elements that, with freedom, you can enjoy a lot of things including taking your full bottle of water to the extent at which your stomach can allow. However, at the same time even as the security aspect is contained by such stringent measures, the caretaker governor has had so far some mismatches; and the prime epitome of this is the on-going misunderstanding between the governor and the state legislative assembly because during his first days, he had threatened the assembly with shut down and, two days ago, he sent a letter to the assembly instructing them not to debate or even do any amendments to the budget that may affect the executive arm of government or the office of the governor to be specific. These are, to say the least, some of the shortcoming traits that the caretaker governor has so far portrayed; but, again, they can be rectified if he gets technocrats for his advisors. Now, let us come straight to this topic of elections and not elections in Lakes state. Some opinions have expressed as why the elections in lakes state should not be held after 60 days of Dhuol’s caretaker-government. Most, if not all of them, have cited the austerity measures: others have alluded to the fragility of security situation in Lakes State and some of them do not even want anything to do with elections for several other reasons. It is noted that the austerity measures and persistent of insecurity are valid arguments but the question remains; do these factors justify the President of the Republic of South Sudan keeping mum, even after the lapse of sixty days as stipulated in the constitutions for elections to be held in Lakes State? Of course not, why? Because, President Kiir, in considering the two options above, would have, during the caretakership of Dhuol, introduced some amendments to article 101 (s) of the Transitional Constitution of South Sudan (TCSS) in the national assembly to extend Dhuol’s governorship after 22nd March 2013. Up to now, President Kiir has not done that and we assumed that he has silently extended Dhuol governorship. But, does his silence in these circumstances therefore mean a breach of article 101(s) of the TCSS and insinuating that the citizens of south Sudan are taken for fools? That we don’t know how to read and interpret the provisions of our own constitution? that when there are crisis in one side of the country, then the opportunity has arisen for the president to blatantly violates the constitution? that we are all threatened and our rights to expressions suppressed to the extent that we cannot say, “Sir, this is not correct, that if there is insecurity, then it all amount or tantamount to state of emergency where article 101(s) and other laws of our country should be suspended? The list can go on and on and on but, again, something has to be done and in fact, it is only after date 22nd March 2013 when the caretakership of Dhuol came to an end and no statement to that effect from the president that I realize even the legal advisory department, directorate or whatever you called it, is just but a ceremonial institution fitted for political accommodation and individual satisfaction. How can I afford to allow the president apply the same constitution selectively while I claim to be a legal professional? Those are rhetorical as well as food for thoughts but, again, I want people to acknowledge that, we all have the right to petition the president for the violation of the constitution. I should have been the first to do that, but guess what, our judiciary is not also trustworthy because the people there are hand-picked and any lawsuit that put their master as defendant has obvious outcome, the loss of petition and losses to the petitioner! Finally, the least the President would have done was to draft one of his decrees and extend the mandate of the caretaker governor up to 2015 and take the same to parliament for approval because I am positive, the rubber-stamping parliament would not have asked him any reason why he is bringing such an amendment at the eleventh hour. As things stand, we are in a quagmire but take this to the bank: The first violation of our constitution is successful under Mayardit leadership. Article 101 (s) is now useless… *Juma Mabor Marial is a Lawyer by Profession and is reachable at [email protected] Posted in: Opinions -- You received this message because you are subscribed to the Google Groups "South Sudan Info - The Kob" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. For more options, visit https://groups.google.com/groups/opt_out.
