Kiir’s Tribe-mate Advisors will lead him to hell!

Apr. 18Politics, Uncategorized10 comments

BY: Both Nguot, SOUTH SUDAN, APR/18/2013, SSN;

South Sudanese president, Salva Kiir, on Monday issued a decree
withdrawing executive powers that were delegated to his vice-president
Dr Riek Machar Teny Dhurgon, according to a broadcast by the state-run
South Sudan Television. The order did not cite or state any reason for
the move and no official statement has been released. It also did not
specify to the public which powers he delegated to the Vice President
and had to be withdrawn or the difference between such powers he has
with the powers stipulated in the constitution and that he wanted
Machar to continue to exercise.

Kiir now restricted Machar to the powers “stipulated in the article
105” of the transitional constitution. When we read the constitution
and compare the presidential degree of 105 issued on Tuesday by the
president, we will find that president Kiir’s degree has no connection
with the constitution because article 105 of Transitional constitution
is talking about the appointment and the removable of vice president
as we quote below.

Appointment and Removal of the Vice President:
105. (1) The Vice President shall be appointed by the President
subject to approval by a two-thirds majority of all members of the
National Legislative Assembly.
(2) The Vice President may be removed by the President or by a
decision passed by two-thirds majority of all members of the National
Legislative Assembly on a vote of no confidence.
(3) If the post of the Vice President falls vacant for any reason, the
President shall appoint a replacement.
(4) The Vice President shall fulfill the conditions of eligibility for
the office of the President as prescribed by this Constitution.
(5) To assume office, the Vice President shall take, before the
President, the same oath taken by the President as prescribed by this
Constitution.

When we look into the article 105 above of the Transitional
constitution of the Republic of South Sudan, we will find that the
president has just removed the vice president as according to the
constitution, maybe it was a mistake from SSTV staffs who made the
confusion to the public because in article 105, it is the appointment
and the removable of vice president by the president himself.

So we don’t see any executive powers under this article, the executive
powers are only found under article 106 of the Transitional
constitution of Republic of South Sudan as mentioned below:

Functions of the Vice President
106. The Vice President shall perform the following functions: 36
(a) act for the President in his or her absence from the country;
(b) be a member of the Council of Ministers;
(c) be a member of the Security Council; and
(d) perform any other function or duty that may be assigned to him or
her by the President.

Now what are the executive powers that the president has removed from
the vice president? Does he (Kiir) mean the functions of the vice
president which are under article 106 of the Transitional Constitution
as mentioned above or the president’s degree mean the article 105 of
Transitional Constitution?

As we all read the constitution, the president would have removed the
vice president so as to match his presidential degree 105 with his
degree which stipulate the appointment and removable of the vice
president. And if the president means the article 106 of the
Transitional Constitution which stipulates the functions and the
duties of the vice president, Why was it pronounced as article 105
which is the appointment and removable of the vice president?

South Sudan Minister of information, Barnaba Marial Benjamin, at press
conference organised specifically to make clarifications on the order,
called for calm and cautious remarks, saying constitutional powers of
the vice president have not been removed.

“Riek Machar is still a vice president with all constitutional powers.
General Salva Kiir Mayardit is a still a president with all his
constitutional powers. They are all in office. What the president had
done is that he had withdrawn powers he had previously delegated to
the vice president. It is like you asking me to do some work for you
when you are preoccupied. This is exactly what had happened and it
should be understood in this context,” Marial said Tuesday.

Now what are these executive and constitutional powers that the
information minister mean that the president had withdrawn from the
vice president rather than the functions of the vice president under
article 106 which give the vice president some powers to: act for the
president in his/her absence, to be a member of council of ministers,
be a member of securities council and to perform any others function
or duties that may be assigned to him or her by the president?

What I know in this context is that, in section (d) under article 106
which allowed the vice president to perform any other functions or
duties that may be assigned to him or her by the president. It is the
only section (d) of 106 which relate to president Kiir’s degree.

But, the question is, is it this section (d) under article 106 that
the president had withdrawn from the vice president or the whole
function of the vice president? And if these are the executive powers
that H.E the president meant but they are not under article 105,
because under this article it’s only the appointment and removable of
the vice president.

If that could be the case, does the president have a right to amend
any article in the Transitional Constitutions without taking it to the
parliament for debate? Or just because he has some political
differences with his deputy that could allow him to do so?

And if it happened that some of the executives powers have been
removed or he has removed the vice president because of political
differences between them and later appointed a new vice president,
will he (Kiir) later return those powers back to the new vice
president or the new vice president will continue without executive
powers?

Another question is, if those executive powers were given to vice
president by the president himself as cooperation between him and his
deputy in their office, does it need a presidential degree to
withdrawn them?

The president was supposed to withdraw those powers as he had
delegated to the vice deputy secretly without using presidential
degree as he gave them last time to his deputy without degree since
those powers are not in the Transitional constitution.

On the issue of Peace and Reconciliation process, Marial also denied
that there were any political differences between the president and
his deputy over the organization and conduct of a peace and
reconciliation conference scheduled for June, having only recently
been postponed from April.

If that could be the case, as Marial says, why the president allowed
the process of Peace and Reconciliation to get started if he (Kiir)
knew that he was not interested in reconciling the people of south
Sudan?

I think Dr Marial doesn’t want to tell the fact or they just wants to
confuse the public otherwise they are ignorant and I believe president
Kiir up to now might not have given us full knowledge about his
presidential degree.

Dr Marial has also added that Machar had been due to head the
conference but was removed from this position by Kiir on Monday.
Government sources have told Sudan Tribune that the postponement was
due to political differences over the agenda and the timing of the
process.

However Marial, the government’s official spokesperson did not give
any reason for the decision as to why Kiir had abruptly suspended the
process and Machar’s role in it.

“Adding that there is no difference that I know between the vice
president and the president, the two leaders have been closely working
together on all issues of national value,” Marial explained.

On the other hand, the speaker of South Sudan’s National Legislative
Assembly, James Wani Igga, in his speech on Tuesday that the president
“did not touch” the constitutional powers assigned to the vice
president and did not dismiss him. The head of state had only
withdrawn powers he had previously delegated to his deputy to help
perform other important tasks he could not attend, the senior SPLM
official said.

“Adding that he read the decree and looked at the transitional
constitution and found that the president did not touch any
constitutional powers assigned to the vice president. He [Kiir] had
only withdrawn powers he had in the past delegated to his deputy. So
let our people understand that the vice president is a still a vice
president with all his constitutional powers”, Igga told reporters.

Igga called for South Sudanese to be calm and read the decree to fully
understand the meaning of the announcement.

So I might agree with the speaker on the issue of the constitution as
he says the president had not touch the constitutional powers assigned
to vice president by the constitution, adding that he only had
withdrawn powers he had previously delegated to his deputy.

But why the president refers us to article 105 which is only the
appointment and removable of vice president?

In fact, the presidential decree issued on Monday was meaningless and
out of vacuum since there is no clear information about the degree.

The fact is about the on-going political bickering and leadership
shadow boxing within the political bureau and the SPLM party for the
upcoming SPLM National convention as well as 2015 presidential
candidate for presidency.

In conclusion, Kiir’s tribe-mate advisers will lead him to hell, why?
Because president Kiir has only put his tribe mates as his advisors
around him, so they took the national issues as their properties and
that is why they make things according to their will.

I wish to offer my free legal advice to the president and his advisors
that, next time when you want to embarrass someone, do it in your
offices without giving the public an uneasy time, because, believe me
you, I couldn’t sleep that night when this news was read out and I
think most of you did not.

The president and his advisors had created an unnecessary political
tension and this is something they should have handled quietly and
neatly.

>From now on, you must know that ‘delegated powers’ are freely and
willingly given by any particular boss and they are or can be
withdrawn at will, so there was no need to inform us about it.

However, the point of giving the strong message to Dr. Riek being the
underlying factor is recognized but again, use other mechanisms next
time, Mr. President!!!!

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10 Comments

Simon Tongyik says:
April 18, 2013 at 5:00 pm

Mr. Nguot, you are right about the nightmare degree issue by Kiir and
his tribal mates, the secret behind this degree was actually meant to
remove the Vice President, Dr. Riek, based on the political difference
between them. What President Kiir forgot was that South Sudan doesn’t
belong to Dinka alone. It’s for all. Therefore, he should bear in mind
that Dr. Riek Machar has a binding right and legitimacy like Kiir.
Removing him like that would bring our country to chaos and the
consequences would range too far worst.
I don’t know what is in the mind of President Kiir and his advisers.
They messed up the entire Country through murdering, torturing,
Corruption and nepotism. yet they are and not convince that they are
worsening the situation. Are these people really conscious? Let’s hope
that Kiir has dug his own hell.

Reply
Dinka land says:
April 18, 2013 at 8:10 pm

And your own hell too! Kiir has right to remove and chase vice
president to his house without delay, leave alone reducing the powers.
South Sudan will never be ruled by someone who stepped back during the
war days with Arabs. We need some one who didn’t kill South Sudanese
in the last decades. Please Leave Mayardit alone to run this country.
Stop your dream whether you like it or not.

Reply
Bol Thon says:
April 18, 2013 at 8:48 pm

You have stated it right, my dear, Mr. Both Nguot, that may be
President Kiir thinks he could blindfold the South Sudanese at this
time. But I don’t think so. Because, what he doesn’t know is that Dr.
Riek is a South Sudanese like himself, I mean to say 98 percent of its
population like or want Dr. Riek to lead them. Therefore removing him
from his post as Vice President is like declaring war against Republic
of South Sudan, that is the point.
Another one which is also important is dissolving the badly needed
National Peace, Healing and Reconciliation Conference process being
seen by our President, Vice President rather…. We have a proverb that
says, “A supporter of a Peace Maker is also a Peace Maker.” However,
how do we call an opposite of that proverb above?

Reply
Bol Thon says:
April 18, 2013 at 8:53 pm

Does he (Kiir) think removing Dr. Machar is like killing our Bor people?

Reply

Lukudu Gatkuoth Garang says:
April 19, 2013 at 12:51 pm

Bol Thon:

I’m totally lost by your comparison between the killing of your Bor
people and the removal of Riek Machar from his Vice presidential post.
Are you telling us that the lives of your Bor people are less worthy
than the Vice Presidential position of Riek Machar? or Are you
suggesting that Bor people are cowards and/or Nuer will fight for the
position of Riek Machar? Please elaborate on this question a little
bit more because I don’t get it at all.

Reply

Society says:
April 18, 2013 at 11:04 pm

Mr Writer, you referred to the correct clause, but what puzzles me is
you still go around and ask what the president degree was about.
Goodness me, Junubin!

Reply
Domac says:
April 19, 2013 at 6:09 am

Bol Thon, please elaborate what do you mean by saying removing Riek
Machar is like killing our Bor people?

Reply
King of Nyamlel says:
April 19, 2013 at 6:50 am

YOU Nuer as so divisive, why talk of Dinka? Kiir is your President and
the son of this land? Avoid tribal frontlines as you have been doing
it, otherwise Nuer and Dinka will not lead South Sudanese anymore,
believe me!!! Stop it!!

Reply
Dan says:
April 19, 2013 at 10:21 am

Was this a reposting of Juma Mabor article or what?

Reply
Lukudu Gatkuoth Garang says:
April 19, 2013 at 12:01 pm

Dear Both Nguot:

Thank you for shedding the light on our National Transitional
Constitution and the decrees that were issued by the president Kiir in
regard to the withdrawal of the powers he delegated to his vice
president Dr. Riek Machar. You have precisely asked a question which
was in every South Sudanese’s mind. It is true that the president did
not inform us when he and his advisers delegated those powers to the
vice president Dr. Riek Machar.

I wonder, Why would he (Kiir) inform us now when he decided to
withdraw those powers from the vice president? What is the motive of
conveying this information to the public now? Something is very fishy
indeed. There is a saying that if we all think alike, then someone
among us is not thinking at all. I believe that someone between Kiir
and his advisers is not thinking at all, therefore we are losing our
night sleep over their meaningless presidential decrees. The truth has
to be told. President Kiir should fire all his presidential and
personal advisers because their advice is toxic and dejecting to
public.

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