President Kiir To Receive Draft Constitution Next Week

The Constitutional Review Committee set up by President Kiir, have confirmed that they are on the last stages of finalizing its work on reviewing the South Sudan 2005 Interim Constitution, anticipated to reach the president by next week.

President Kiir To Receive Draft Constitution Next Week
H.E John Luk (Left) with Dr. Marial Benjamin addressing the press [©Gurtong]

By Waakhe Simon Wudu

JUBA, 5th April, 2011 [Gurtong] - On 1st February 2011, President Salva Kiir Mayardit appointed a committee to review the interim constitution, as part of post referendum preparation aimed to produce the legal frame work paper of the new transitional government from July 2011.

“This process is almost getting to an end,” said H.E John Luk Jok, the Chairperson of the Constitutional Review Committee and also the GOSS Minister of Legal Affairs and Constitutional Development.

However, the Minister said that, time factor was the biggest challenge affecting the Committee’s work. “This process has been constrained by time,” John confirmed.

John explained that, the Committee was fine tuning the Constitutional Draft and will by next week present it to the President to be passed to the Southern Sudan Legislative Assembly, SSLA, for legislation.

The Minister denied reasons presented by the political parties for having pulled out from the review task. Five political parties pulled out from the Constitutional review work after its kick off two months ago.

They claimed that the Sudan People’s Liberation Movement, SPLM, which is also the ruling party in South Sudan whose member is heading the review Committee, were accused of presenting an already “drafted text” of the constitution for review.

The parties also alleged that, SPLM disagreed on reviewing procedures on the existing draft constitution. They complained that, when the committee commenced its work, all the parties were expected to adapt the paper, some thing SPLM refused.

However, John Luk denied the allegations, while saying that what was only changed were the writings “Southern”. He explained that, because the name South Sudan was the name agreed for the new nation, SPLM decided to cross “ern” letters out from Southern.

 

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07/04/2011, 4:10 AM
 - Posted by Manyang Mador Koch
It is still not very clear what will happen in phase two of Southern Sudanese constitution especially one of the most favorable issue in relation to separation of powers between three arms of government. These three arms of government always make the best goverance if powers are technically channel according to a democratic system of government.

The executive mostly the right wings in the parliament who administer government departments where ministers responsible play vital role in managing their respective departments seem to be left out of touch. Therefore, judiciary brench is restrictly being bound within or unable to practice their constitutional authority in Southern Sudan.

This confinment of legal rules seem to present a global agenda amongst the constitutional expertise and this may be an issue of concern within the next four to five years to come in the international relation theory.
Last night Southern Sudanese regional minister of legal affairs and constitutional development, honourable John Luk Jok had incompetently failed to distinguished separation of powers between president, exective and Judiciary.

I remember him saying that the ministers have their own powers and president have got his own powers too. What does that mean? Meaning that all ministers are above the law, which can possibly generate ministers ending breaching ministerial code of conduct without being accountable.

Universally, success of any government in the World whether democratically or authoritative regimes is usually determined by the notion of democracy, justice and freedom of all mankind that fall under the definition of any particular territorial national sovereignty.

In addition to his illiberal response on the question of democracy, he said " democracy, it's defend on the circumstances of any particular society" end of qout.

This statement suggest that juba administration will continue by implementing oppressional style transfer from Khartoum and ended up on Southern soils.

Finally, if SPLM seek for international mandate where South Sudan becomes member of the international community then we must put our housese in order by now before it is too late.
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