South Sudanese rivals diverge over interpretation of Machar’s
“temporary replacement”
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July 29, 2016 (JUBA) – Rival South Sudanese leaders’ spokespersons
have clashed over interpretation of how a “temporary” replacement of
Riek Machar, as First Vice President, should have been handled in
accordance with the Article 6 of the provision of the August 2015
peace agreement.
JPEG - 36.8 kb
Riek Machar, left, first vice president of the Republic of South
Sudan, and Salva Kiir, the president, at the first meeting of the new
transitional coalition government in Juba, South Sudan, in April, 2016
(Jason Patinkin/AP)
This is after President Salva Kiir replaced Machar and appointed Taban
Deng Gai, an ex-official of Machar’s faction when a group of senior
leaders of the armed opposition faction of the Sudan People’s
Liberation Movement (SPLM-IO) nominated Gai on 23 July in a process
challenged as “illegal” by Machar’s faction.
Gai and his group announced publicly that the nomination was
“temporary” and that Gai would step down from office if Machar
returned to Juba after two weeks of absence when he and his forces
were forced out from the capital after clashes with forces loyal to
President Kiir.
The process has attracted controversy and counter-interpretations when
referred to the provisions in the peace agreement.
Ateny Wek Ateny, President Kiir’s spokesperson in a live debate on
Turkish TRT World TV with his rival, James Gatdet Dak, Machar’s
spokesperson, argued that Article 6.4 in the peace deal gives
President Kiir the right to appoint a replacement for Machar.
Article 6.4 reads: “In the event that the post of the First Vice
President falls vacant during the Transitional Persiod, for any
reason, including mental infirmity or physical incapacity of the
office holder, the replacement shall be nominated by the top
leadership body of the South Sudan Armed Opposition as at the signing
of this Agreement.”
Ateny argued that Machar had been away for two weeks and his
whereabouts was not known, thus giving the right to his faction to
nominate someone to take over the SPLM-IO party and the SPLA-IO army,
and also gives the President the right appoint his replacement as
First Vice President.
Machar’s spokesperson, Dak, however counter-argued that the agreement
did not give President Kiir to power to appoint Machar’s replacement
on a “temporary” basis, saying this is not there under the current
circumstances.
Dak said it should have been the First Vice President who “may
delegate” one of his senior officials in the party to act on his
behalf until he returned, referring to Article 6.5 of the agreement.
Article 6.5 reads: “In the event of temporary absence of the First
Vice President, the First Vice President may delegate a senior South
Sudan Armed Opposition Minister to carry out functions and duties as
stipulated in this Agreement.”
While Ateny defended the action of Taban Deng and President Kiir on
the basis of Article 6.4, Dak on the other hand condemned their action
on the basis of Article 6.5.
Ateny said even if Machar comes back to Juba, he will not be
reinstated as First Vice President and will have to first go through
reinstatement by the SPLM-IO led by Taban Deng, or else “will not be
seen again” if rejected.
Dak argued that Machar was forced out of Juba and asked for deployment
of a third party force so that he could return to Juba, from “around
Juba”, adding that President Kiir had no power to appoint his
replacement per the “temporary” absence as stipulated in the peace
agreement.
He also argued that the process to nominate Taban Deng Gai, was
“illegal” because Gai was dismissed from party a day before he
convened the “illegal meeting” and also there was no SPLM-IO
institution that sat and nominated him. He said only five officials of
the top leadership nominated him with no required quorum.
“H.E. Dr. Riek Machar is "legally" still the First Vice President of
the Republic of South Sudan. That "illegal" replacement in Juba -
which violates the August 2015 peace agreement - will soon be deemed
null and void,” Dak posted on his Facebook page on Thursday.
He also accused President Kiir of taking part in the conspiracy with
Taban Deng to become the First Vice President so that he could help
him “destroy the peace agreement.”
The United Nations also said the replacement of Machar was not
consistent with the peace agreement.
Ateny however fired back, saying the United Nations was not “telling
the truth” or those who criticized President Kiir’s action did not
read well the peace deal.
(ST)
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