Appeal to South Sudanese Citizenry
By Dr Hakim Moi
If I may, as you all know, the draft Transitional Constitution of the Republic of South Sudan, was recently presented to the GOSS Council of Ministers in Juba, and without much debate, the draft constitution was approved by the Council of Ministers and was scheduled to be table in SSLA today 7 May 2011 for deliberations, debating and amendments as necessary.
While the draft Transitional Constitution carries forward much of the ICSS, 2005, there are also many new provisions added, to bridge existing gaps and need for a new constitution for the birthing of the Republic of South Sudan on 9 July, 2011.
More importantly, the draft constitution that's due for passage by the SSLA, defines the process for making of the permanent constitution of ROSS, one which is Executive-led and falls short of being people-led process.
The constitution embodies the sovereign will of the people, not that of the Government of the day, and therefore the process of writing our permanent constitution as provided for in the current draft, must be made subject to a democratic process, in which the people and not Government Ministers or President has control of who will be writing and making our permanent constitution through a presidentially appointed Constitution Review Commission.
We ought to know that it is now our chance the people to decide and have control over how the permanent constitution process would work and made democratic to ensure that the people and not the Government, are ultimately the sovereign authority from which the Government and the constitution derives its legal status and powers.
Why then it is that the process will be led and driven by the Executive instead of a people-based democratic process? Isn't this a matter of fundamental concern to all of us collectively and individually as the sovereign people of the Republic of South Sudan?
The current draft constitution prepared by the ICSS technical review committee, concentrates powers and decision making in the hands of the Executive.
However, as a sovereign people, we have every right to determine how much power the government should have and what limitations to government powers are necessary. The Government will exercise these powers over us the citizenry, and before the Government does that, we should decide through the constitution making process how much power we want to give to the government. This is not a decision for the government and it should not be permitted to determine for us how much power should be concentrated in the hands of the Executive, Legislature and Judiciary or the Media.
In other words, the draft transitional constitution needs amendments to many of the provisions currently stipulated in the constitution. And this can only be achieved if you the sovereign people exercise your right to press the MPs in the SSLA to amend the draft constitution to factor in your peoples concerns, wishes and aspirations.
As a citizen and a member of South Sudanese community, I therefore would like to appeal to you all to make representations to your MPs in the SSLA from all our ten states, and append your signatures to the Memorandum on Draft Transitional Constitution that has been made public here, and to press SSLA MPs to give urgent priority and due considerations for the amendment of the draft Transitional constitution as proposed in the Memorandum.
This way, you can demonstrate your people power that your voice matters, and they the MPs and Government Ministers are our servants the people and they should listen to us and do our bidding as to what we the people want. That's what they were elected for, to represent the people not the Government.
Could we all make it a national call to have a say of the people in the constitution making process? The committees have had theirs, now it should be our turn.
Please append your signature to the Memo, regardless of your location in Diaspora, in Kwajok, Malakal, Wau nar, or Juba. Let's hear your voice as clear as it can be. You are free and sovereign, remember, and do have your say on a national issue of serious consequences for our transitional and future institutions of Governance in our Republic of South Sudan.
My two cents
Hakim