Western Diplomats need not only the evidence of an attempted coup but also the release of plotters Feb. 03 National <http://www.southsudannation.com/category/national/>, Uncategorized <http://www.southsudannation.com/category/uncategorized/> no comments<http://www.southsudannation.com/western-diplomats-need-not-only-the-evidence-of-an-attempted-coup-but-also-the-release-of-plotters/#respond>
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] -- 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]. Visit this group at http://groups.google.com/group/SouthSudanKob. To view this discussion on the web visit https://groups.google.com/d/msgid/SouthSudanKob/CAJb14orWUW7p8i2CPnfAgGzr95LStocXsuK_J4BwfS-qMNmMZQ%40mail.gmail.com. For more options, visit https://groups.google.com/groups/opt_out.
