Proposal For Devolution Of Three Organs Of Government Powers "As it is, there is too much political congestion and concentration of powers in Juba at the expense of other areas. The three (3) arms of government or organs of powers are all in Juba. There must be devolution of powers from Juba to other areas, which are nationally recognized". 25 January 2016
Proposal: for the Devolution of the Three Organs of Government Powers Among the Three Greater Regions of the Republic of South Sudan: By Thiik Giir Thiik 1. Subsequent to the ‘Establishment Order Number 36/2015 for the Creation of the 28 States’ issued by the President of the Republic on 2 October 2015, which was met with a popular support throughout the country despite trivial voices crying foul that the creation of 28 states was mainly based on ethnic divide and that the country is now, more than ever before, fragmented beyond repair. It is now important to reflect on the three (3) traditional regions, which were and are still nationally recognised; namely Greater Bahr el Ghazal, Greater Upper Nile and Greater Equatoria, with their capitals in Wau, Malakal and Juba correspondingly. 2. I propose that the concept of regionalizing the three (3) organs of government powers among the three (3) greater regions should be adopted because people have embraced the concept of regionalization since pre-decolonization of the Sudan when Southern Sudan was divided first into three (3) provinces and later on regions. It is important to underscore here that, regardless of the number of states that can be created, people can still be identified as being from one of the three (3) greater regions; Bahr el Ghazal, Upper Nile or Equatoria. So inline with the rationale behind the 2 October 2015 creation of the 28 states, which was aimed at devolving power and resources closer to the people, promote social and economic development amongst the rural communities, protect and promote the interests and rights of minorities and marginalized communities, so the decentralization of the government organs to the three (3) greater regions’ capitals will positively support the rationale behind the creation of the 28 states. 3. If this concept of devolution of state powers were to be adopted, South Sudan would not be the first country to do so. About fourteen (14) countries globally have done so, for one reason or another, and it has worked positively in expediting the development equally and cementing the national unity of these countries. These three (3) organs are national organs. Much like the very idea of balance of powers, the devolution of government organs of powers in this regard would very much enhance the very rationale behind the creation of 28 states. In general, if we weigh the pros and cons of decentralizing the three (3) organs of government powers one will find that the pros outweigh the cons. The countries that have devolved or have more than one capital did so after realizing that keeping all three (3) organs of government powers in one place, only gives that place too much power and deprive other parts of the country of development and jobs opportunities. 4. Among the 14 countries that have more than one capital, South Africa is the only country with three (3) capitals. Pretoria houses the Executive, Cape Town the Legislature and Bloemfontein the Judiciary. Even though South Africa has nine (9) Provinces, the founding members chose three (3) strategic Provinces for the capitals in order to hold their union together. Also, of recent past, although not considered a country, the European Union (EU) established three (3) administrative capitals: Brussels - Belgium for Executive, Luxembourg for Judiciary and Strasbourg - France for Parliament. 5. As stated earlier, at the moment the creation of 28 states, as much as it is popular, it is seen by some others as being based on ethnic lines but now if the three (3) organs of the government powers are devolve among the three (3) greater regions, this action will bring together not only the people of these regions but also the entire population of the Republic of South Sudan sense of belonging as they see development happening equally and no part of the country is left behind. Furthermore, the same approach can be replicated throughout the states and decentralize the two (2) state organs of powers and other establishments throughout the states to the counties. This will only help expedite the development throughout the states to the counties. 6. Let us take for example, the capital of Greater Bahr el Ghazal, Wau to be the seat of Legislature and relocate the National Legislative Assembly away from Juba. Equally so, if we relocate the Judiciary away from Juba to Malakal the traditional capital of Greater Upper Nile and maintaining the Executive seat of the government in Juba the traditional capital of Greater Equatoria, this will bring about and sustain the require harmony and remove the drummed up need to relocate the national capital away from Juba to Rumciel. In the end, it is a win-win situation for the country. 7. As it is, there is too much political congestion and concentration of powers in Juba at the expense of other areas. The three (3) arms of government or organs of powers are all in Juba. There must be devolution of powers from Juba to other areas, which are nationally recognized. By doing so, this will result in reducing congestion and concentration of powers away from Juba and not only that, it will also create job opportunities in the other areas and expedite the process of urgently needed infrastructure development in the country. 8. The devolution of government organs of powers in sync with the Establishment Order Number 36/2015 is, therefore, very important and urgent for the success of this nation. The following will underscore the positive objects and principles of devolution of government organs of powers. · Promote social and economic development through urgent provision of immediate, easily accessible services throughout the country; · Ensure equitable sharing of national organs among the three (3) regions, as well as, sharing of national and local resources throughout the country; · Recognize the right of communities to manage their own affairs and to further their development; · Foster national unity by recognizing diversity; · Facilitate the decentralization of State organs, their functions and services, from the three (3) capitals of the country to the grassroots; Enhance checks and balances and the separation of powers. 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