His Justice President of the Objections Circuit
In Relation to the General Elections,
The National Supreme Court,
Subject: Objection to the Decision of the National Elections Commission Accepting the Nomination of General Salva Kiir Mayardit for the office of the President of the Government of Southern Sudan
February 11, 2010 (Khartoum) — On the strength of Article 45 of the National Elections Act 2008 read together with Article 10 of the General Elections Rules 2009, we presented on 31/12/2010 an objection to the Commission for its acceptance of the nomination of General Salva Kiir Mayardit for the office of President of the Government of Southern Sudan.
Despite the clarity of the provisions referred to above, the National Elections Commission refused to look into the objection and referred us to the Objections Circuit in the National Supreme Court. The letter of the Chairman of the Commission is attached.
We believe that the acceptance of the nomination of General Salva Kiir Mayardit contravenes the Constitution and the law for at least two reasons:
1. He is an active officer bearing the rank of (General) in the SPLA which is considered in accordance with Article 144(1) of the Interim Constitution of the Republic of Sudan 2005 as an organized force, members of which are not allowed to engage in politics vide Article 12(2)(a) of the Political Parties Act 2007. The factual evidence is attached. Hence, it is not permissible to accept the nomination of General Salva Kiir Mayardit for the office of President of the Government of Southern Sudan.
2. An order was issued on his directives on 9/11/2009 to the Governors of the ten Southern States prohibiting the SPLM-DC from practising politics in Southern Sudan. This is a violation of the Comprehensive Peace Agreement, the Constitution and the law. We raised a law suit to the Constitutional Court on 25/11/2009 objecting to this order and the court decided on 17/1/2010 that it be cancelled. Yet, the decision of the court is not implemented. Therefore, his attestation to respect the CPA which he presented as part of the nomination requirements becomes null and void.
In accordance with the constitution and the law, we appeal to your august court to issue a decision striking off the name of General Salva Kiir Mayardit from the list of candidates to the office of President of the Government of Southern Sudan.
Thank you very much.
Dr Lam Akol Ajawin,
Chairman of the SPLM-DC and
Candidate for the office of President
Of the Government of Southern Sudan
1.The objection papers presented to the National Elections Commission.
2.Letter of the Chairman of the National Elections Commission dated 2/1/2010.