The Upper Nile leaders in a meeting which recommended the removal of the Malakal Mayor. [Gurtong | Misuk Moses Mule]
By Misuk Moses Mule
JUBA, 31 August 2012 [Gurtong] - The leaders say that Governor of Upper Nile has contravened the law by breaking up Makal County to form Malakal City Council.
Governor Simon Kun Pouch had taken away three payams from Makal County to form Malakal Town City Council.
In a meeting organized by a group that calls itself “Chollo Intellectuals”, the leaders from the different parts of the state which included the members of parliament, ministers, opinion leaders and other stakeholders have blamed the governor for what they called “unconstitutional appointment.”
The leaders are considering petitioning the governor and to take the matter to a higher level in protest of the appointment criteria and the establishment of the council.
The move is part of the sustained effort aimed at ensuring that the governor withdraws his decision.
Gathwitch Lam Chol, a member of the national assembly from Nasir, Upper Nile state urged the leaders to rewrite the petition and to include the articles that support their argument.
He further questioned the governor’s jurisdiction to appoint a mayor. Chol informed other members that it is the prerogative of the president of the Republic of South Sudan make such an appointment.
“This is not the duty of the governor. The state government has the power of only recommending but the president appoints,” he said.
Members from the different parties have also accused the governor of falsely branding anybody who opposes him of being and SPLM-DC member.
James Ret Kony, another member of parliament in the national assembly told the gathering that nobody should be victimized as they are fighting for a common cause in the interest of the people of Upper Nile.
They said that they are basing their argument on the constitution clauses which state that the creation and establishment of Local Government Councils is entirely the prerogative of the President upon recommendation of the State Government and committee referred to in sub-section (4) Article 20 (3) and (4) of the local government act 2009.
The article further states that each local government council shall be established by warrant showing its jurisdiction, type of authority, territorial boundary and a map of its area duly signed by the President.