In the name of Allah, the Compassionate and the Merciful
The National Supreme Court
Elections Objections Circuit
Mahjoub El Amin El Faki (President)
Sir El Khatim Salih Ali (Member)
Benjamin Bak Deng (Member)
Objection No.: ON/9/2010
Name of Plaintiff: Lam Akol Ajawin
Date of depositing Objection: 5/2/2010
Decision subject of Objection: Objecting to the legibility of Salva Kiir Mayardit to the office of President of the Government of the South
Court’s Decision and Reasons:
February 11, 2010 (Khartoum) — Dr lam Akol Ajawin, Chairman of the People’s Democratic Movement and its candidate for the office of President of the Government of the South deposited this objection against the decision of the National Commissionaccepting the nomination of General Salva Kiir Mayardit, Chairman of the People’s Movement and its candidate for the office of President of the Government of the South. The substance of the objection was:
1. Salva Kiir is still an active officer bearing the rank (General) in the Sudan Liberation Army and this contravenes the provisions of Article 44(1) of the law of the Interim Constitution of the Sudan 2005 because the People’s Army is an organized force, which members are not allowed to practise politics in accordance with Article 12(2)(a) of the Political Parties Act 2007.
2. In addition to other reasons that came in the objection document related to the eligibility of the defendant, the Commission referred to us the objection deposited by the plaintiff for us to look into for the competence of the Objections Circuit of the National Supreme Court to look into these objections after the names of the candidates have been announced.
The defendant was served with a copy of the objection to respond to the reasons mentioned therein, and deposited an answer to some of them. Hence, in the light of this the court decided on the objection.
On the strength of Article 46(1) of the National Elections Act 2008 (Law No. 11/2008) we see that the person whose nomination has been rejected in accordance with the provisions of Article 45(3) or those who nominated him may object to the decision of the Commission rejecting his nomination to the court within seven days from the date the Commission publishes its decision in accordance with Article 45(3) of the Act. On the basis of the aforementioned provision, the Objections Circuit of the Supreme Court is competent to look into the decisions rejecting nominations raised by those affected or those who nominated them and not by the National Elections Commission referring objections raised to it in accordance with the provisions of Article 45(1) which should be decided in accordance with Article 45(3), after which the right to object before us may arise in accordance with the provisions of Article 46(1).
We add that there is no provision in the Elections Act that prohibits the nomination of any citizen occupying a military, executive or judicial position. Article 12(2) referred to in the objection and the reply to it came in the Parties Act and not the Elections Act. Therefore, it ought not be used as basis to object to related matters before this circuit at this stage, it could have been raised at an earlier stage (Article 45) before the National Elections Commission or at a later stage in accordance with Article 81 of the Act.
On the basis of the above the objection is dismissed with fees.
The objection is dismissed with fees.
Issued under our signature and the seal of the Supreme Court
Mahjoub El Amin El Faki
Justice of the National Supreme Court,
President of the Circuit.
Sir El Khatim Salih Ali Benjamin Bak Deng
Justice of the National Supreme Court, Justice of the National Supreme Court,
Member of the Circuit Member of the Circuit