Western Diplomats need not only the evidence of an attempted coup but also
the release of plotters
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BY: Mabor M. Dhelbeny, JUBA, FEB/04/2014, SSN;

1. Introduction
The National Liberation Council (NLC), one of the SPLM's organs of
legislature which its major task was to deliberate on the basic documents
such as the manifest, code of conduct, rules and regulations including the
constitution.

At this juncture, the NLC had scheduled it meetings from 9 December, 2013
but later adjourned up to 14 December for one reason or another. According
to the constitution of the SPLM, the latter convenes its meetings first in
order to set the agenda for the former.

It is suffice that the ruling party Sudan's People Liberation Movement
(SPLM) had all along been the guerrilla movement for some decades but
wanted to transform itself and get registered as a political party in the
newest country.

Christopher Zambakari confirmed (in Juba Monitor, Jan, 20, 2014 vol. 4
issue no. 10 at p.5) that "...such a transition will take time, given that
the SPLM/A has existed as an opposition army for decades, the change
nevertheless has to occur".

For the last six years of 2008 convention, therefore the party is supposed
to have held its next convention on May 2013 but to no avail. Analysts
predicted that the failure of convention in its schedule time was due to
power struggle within the ruling party.
This however, could have been the root causes of conflict that spread
across the country which claimed thousands of lives and hundred thousand of
people displaced according to UN estimates.

2. Facts of December 15, Incidence (coup)
After having heard the sad news of the PB dissolution as disseminated by
the various media outlets during inauguration of the SPLM new house by the
Chairman of the SPLM and President of the Republic Gen. Salva Kiir
Mayardit, immediately tension sparked amongst the SPLM members of the
dissolved structures, especially the PB members in which Dr. Riek was a
member and the first deputy chairman of the SPLM who declared his intention
to unseat his boss and to become the next SPLM flag-bearer candidate for
the presidency come 2015 elections.

Surprisingly the dissolution of the SPLM dysfunctional organs however came
after July 23rd 2013 reshuffled of the whole cabinet; sacked the VP and
followed by the formation of lean government free from corruption that will
be able to foster development; and to deliver services to the people of
South Sudan. Such action ever taken by the President of the Republic was
due to public demands and thus to restore confident.

The decision of the SPLM leader to dissolve political bureau and states'
secretariats had repeatedly come under strong criticism and thus received
with mixed reactions by the public.

Of course in anger, there is no intelligence this aggravates the most
senior members of the SPLM including ex SG Pagan Amuom to criticize the
leadership's decisions hence leading to his suspension.

The impulsiveness of the party chairman over the matter often worries his
party members within the SPLM leadership. It might be what makes the group
of the SPLM-in Opposition to think twice.

Perhaps Dr. Riek and his group got two plans, Plan "A"- and- Plan "B". Plan
"A" advocates for the SPLM reform and democratization but could hardly work
as they called for the press on December 6th last year in order to
highlight some differences including that the party has been hijacked, lost
direction and vision.

Subsequently, the group also promises to hold a political rally on Saturday
14 Dec, but fades away as it collided with NLC meetings.
The group of the SPLM-in Opposition led by the 1st Vice Chairman and former
V.P Dr. Riek Machar including Nyandeng Garang de Mabior and others held a
press conference on the instant date in the SPLM premises where they have
accused the president of 'increasing dictatorial tendencies', called him to
promptly convene the political bureau meeting in order to set the agenda
for the anticipated National Liberation Council and warned that failure to
do so will lead 'this country into chaos, disorder and abyss'.

After that, group of the SPLM-led government headed by the 2nd deputy
chairman of the SPLM and VP H.E comrade James Wani Igga including former
deputy Speaker of National Legislative Assembly Daniel Awet Akot held a
counter-press conference on December 8th 2013.

In this conference, the latter group had considered the former group as the
disgruntle politicians, corrupt and accused them of insulting President of
the Republic.

Alas, insulting President or undermining authority by any person publicly
or unlawfully, amounted to an offence which if committed and upon
conviction shall be sentenced to imprisonment for a term not exceeding one
year, with fine or with both according to section 76 (b) of the Penal Code
Act 2008.

Consequently, the group of the SPLM-in Opposition was held responsible by
the group of the SPLM-led government due to their utterances such as
'chaos, disorder and abyss' threatening the integrity of the country.

Following the NLC meeting on Saturday 14 of December at Nyakuron Cultural
Centre, the group of the SPLM-in Opposition turned up to participate with
hope that there will be a reconciliatory dialogue as the church leaders
were very concerned.

As a saying goes, "The teeth that laugh are those that bite", and as such
comrade Kiir the SPLM Chairman seems to have totally ignored the appeal
made by the priests as entailed by the speech.

In his opening speech President Kiir has reminded the group with old bitter
memories of 1991 in which he has been quoted as saying: "In the light of
the recent development, some comrades have come out to challenge my
executive decisions, I must warn you that this behavior is tantamount to
indiscipline which will take us back to the days of the 1991 split".

Of course this serious warning has prompted the group of the SPLM-in
Opposition to boycott the 2nd day meeting on Sunday 15th December. Hence
abandoning plan "A" which advocates for the SPLM reform and therefore
resort back to plan "B" of military might as to 'put the country into
chaos, disorder and abyss'.

The question that poses itself is that did all the political detainees have
knowledge about the second plan. If yes, then why they should not escape as
did some of their colleagues.

This fact has been established by the sound of gun-shot from an Unknown
Soldier around 6:30 p.m. at Nyakuron residential area, after the winding up
of the NLC meeting and before the big fighting erupted in Military barrack
attributed to have been the misunderstanding between the Republican guards
of tiger battalion.

A lot of mutineers who planned at that Sunday night to overthrow an elected
government have perished in the following morning before the government
collapses. But till now as we speak the government did not.

On Monday the 16th December after heavy fighting in Juba city between
forces loyal to Dr. Riek and government forces, President Kiir appeared
clad in a full military uniform briefing the press in order to denounce the
failure of attempted coup plotted by Dr. Riek and his group.

3. What is Evidence?
According to Black's Law Dictionary (2007: 395) Evidence "means any species
of proof legally presented at the trial of an issue, by the act of the
parties and through the medium of witnesses, records, documents, concrete
objects, and the like".

As per the above-mentioned definition, the content of the group of the
SPLM-in Opposition press release bears substantial evident or the truth
which if submitted for investigation will either be proved or disproved.

The presumption of some words thereto which I have quoted
including...'putting the country into chaos, disorder and abyss' may remain
as a significant fact, no matter how much small it may be until the
contrary is proved.

Beware of this man's politics. Dr. Riek's words speak louder action of
destruction rather than construction just like other prophets of spiritual
gods on this earthly world. The live example is the 1991 split which caused
a major setback of the SPLM/A movement.

The plotters of an attempted coup need to be seriously investigated of how
their plans had plunged the country into abysmal state of devastation.

Section 4 of South Sudanese Evident Act, 2006 apparently defined
"Evidence-as the means by which an alleged matter of fact, the truth of
which is submitted for investigation, is proved or disproved; and without
prejudice to the foregoing generality, includes statements by accused
persons, admissions and observations by the court in its judicial capacity."

Many statements of the accused plotters of coup deserved to be investigated
and analyzed in reference to the above-mentioned legal definitions.

Hitherto, Dr. Peter Adwok in his series of articles he wrote on the website
of southsudannation.com admitted by disclosing that "the SPLM must be saved
from itself lest it plunged the country into the abyss".

The question that poses itself is whether or not the SPLM must be saved, by
whom and how if the same elements are still wrangling for power?

Unfortunately, the country is now plunged into the abyss as Dr. Adwok
prophesized. Is this not an evident?

Most of his articles I read ranged from the dates 17, 20 December 2013 and
beyond after an aborted coup and soon after his released from the
detention; he wrote another piece entitled, "The dynamics of the SPLM
internal crisis," published on the same website on the 9th January, 2014 in
which he paraphrased "the style of Josef Goebbels that a lie repeated
continuously become a truth."

Any mutinies within the armed forces like that of tiger battalion in
military barrack, south of Juba to destabilize the government is a mere
evident of an attempted coup, leave alone that it has spread to some parts
of the country.

You are in a weak defensive side, Dr. Adwok, instead praise the Lord your
God that you are released without being investigated or charged with
treason or an offence against the State in accordance with provisions of
Art. 4 (2) of TCSS, 2011 and section 64 of Penal Code Act, 2008.

4. Conclusion
In the aftermath of the alleged failed coup, the Western diplomats instead
to support the legitimate government by condemning it but rush to the
inquiry of evident and demand the release of political detainees.

Such inquiry of evident or release of political detainees would not only
impede the legal processes as investigations are underway but also
undermine our supreme law of the land.

The Transitional constitution therefore symbolizes trust that must never
and ever be betrayed or manipulated.

Will spirit and legacy of Dr. Garang guide all members of the SPLM in order
to realize the vision, claimed to have been lost?

Indeed this has prompted me to quote what Dr. Lual A. Deng (2013:193)
concluded as, "I nevertheless believe that the spirit of Dr. John will
guide all of us in the SPLM/A to realize the vision of New Sudan and to
protect his legacy as we have pledged to do it individually and
collectively. History will judge us in fulfilling our commitment", he added.

In case of any antagonism between South Sudan as a state and her citizens,
there is always the guarantee that the Transitional Constitution, will act
as an impartial judge to the warring parties.

Subsequently after the event of an attempted coup has been quelled, all
South Sudanese citizens from various states have demonstrated in defense of
the constitution as stipulated in Article 4(3) of the TCSS 2011.

Another disintegration of the SPLM-in Opposition, 2013 has been experienced
again just like the SPLM-DC of 2009. What a curse?
Just only for power struggle which is tearing apart our beloved party.

So the embattled SPLM members need a serious reconciliation and national
healings because their political discourse since March of last year would
have not devastated the country had it been handled with proper care and
management.

The author is a legal practitioner who lives in Juba. Email him at
[email protected]

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