25 May 2018

 

NCAC Submits Five Amended Security Bills To Justice Minister

The National Constitutional Amendment Committee (NCAC) has submitted five amended security law bills to the Minister of Justice and Constitutional Affairs on Wednesday.

NCAC Submits Five Amended Security Bills To Justice Minister

By Jale Richard

JUBA, 26 January 2018 [Gurtong]-The five security laws which have been amended according to the agreement include the SPLA Act 2009 (amendment) Bill, 2018, the National Security Act 2014 (amendment) Bill 2018, the Police Service Act 2009 (amendment) Bill 2018, the Prisons Service Act 2011 (amendment) Bill 2018, and the Wildlife Service Act 2011 (amendment) Bill 2018.

The security laws were amended in accordance with the Agreement on the Resolution of Conflict in the Republic of South Sudan signed in 2015.

The amendments provide for conformity of the laws with the constitutional, legal, and political guiding principles, objectives and ideals in the Agreement and the Transitional Constitution of the Republic of South Sudan 2011 amended 2015/2018.

“The amendments are geared towards enhancing professionalization in the organized forces, promoting gender equity as well as  ensuring  fair and inclusive recruitment and accountability,” Gichira Kibara, the Chairperson of NCAC said.

The amendments also reflect the power-sharing between the president and the first vice president in the appointment, commissioning, retiring and dismissal of officers of the organized forces as provided in the Agreement.

The key amendments included professionalization of the security forces, deletion of provisions referring to the Interim Constitution and replacing them with reference to the Transitional Constitution, 2011.

The requirement that recruitment to the organized forces should reflect the diversity of the people of South Sudan and be equitable based on the States and population quota.

There are also amendments requiring gender equity in the organized forces to reflect the Constitution which provides for at least 25% representation of women in all institutions.

Amendments recognizing the Joint Integrated Police and its role during the transitional period, and incorporating changes in the organized forces since the laws were enacted and responding to recent changes in the organized forces.

Providing clear criteria for recruitment and appointment in to the organized forces.

Kibara said they have also made some amendment to the National Security Act 2014 to strengthen the accountability of the national security organs.

He said they have also put provisions in the National Security act to tackle the issue of detention which “require that if anyone is detained beyond twenty four hours then there is room to question that detention, people can go to court and they are able to be given reason why that person is being detained or the person is released.”

After receiving the bills, the Minister of Justice and Constitutional Affairs, Paulino Wanawilla said he would make explanatory notes and send the bills to the council of ministers for approval. The Council of Ministers would then send to the transitional national legislative assembly for to be passed.


 


 

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