South Sudan is at the stage of Constitutional Crisis

By Peter Gai Manyuon

November 11, 2013 (SSNA) — People are deceiving themselves that, South Sudan as the nation is governed by the Constitution which is not the case; it is only God the almighty that is governing the people of South Sudan, not anybody else.

When you read the South Sudan Constitution preamble, you find that preamble say “we the people of South Sudan, grateful to the almighty God for giving the people of South Sudan the wisdom and courage to determine their destiny and future through free, transparent and peaceful referendum in accordance with the provisions of the Comprehensive Peace Agreement, 2005 “The question now is, do we conduct our businesses by making consensus or manipulation?

 

Meanwhile in the Transitional Constitution of the Republic of South Sudan 2011, looking at Supremacy of the Constitution, it says “this Constitution derives its authority from the will of the people and shall be the supreme law of the land”.

The question is, are we addressing our internal issues using people will or individual will in South Sudan?

Having contextualized and memorized the issue of the autonomous of the Republic of South Sudan since the executive branch of the Government broke rule of law and respect for human rights in this country, I have concluded that South Sudan is in serious Constitutional crisis that will not be rectified at this particular period of time due to lack of nationalism, patriotism and fear of the God almighty but might be rectify in the general election that is coming in 2015.

Hence analyzing the sequence, how the national issues are perceived in this Country, you find that, some individuals within the National and states government have personalized some of the issues to be complicated and some of them ended up having logger heads with each other like what is happening in the Sudan People’s Liberation Movement (SPLM) where party politics had change to be a family and tribe matter. And when you also think about that, you find that there is Constitutional Crisis within the party as well as the Central Government known as the Republic of South Sudan (RSS).

Looking at the way, President of the Republic of South Sudan is trying to exercises his powers that were given to him in the Transitional Constitution of Republic of South Sudan 2011; you find that he had gone contrary to what he was supposed to follow as the head of the state.

He had dismissed two Governors without clear reasons that can convene the people of this great nation. The dismissal of Chol toang Mayai and Taban Deang Gai had decreased the popularity of Mr. President as per politicking is concern in this Country.

However, when you look at the issue of Northern Barelgazal where Governor removed the elected speaker last year, and you compare it with last month decree from the Governor of Upper Nile State, where he dismissed the elected Speaker and his deputy, you realized that in this Country, there is a big problem with the people who call themselves bosses and moreover they don’t read the Laws that govern them.

The author is the Independent Journalist and a writer who wrote Articles extensively on the issues of Democratization and human rights in South Sudan, you can contact him through,[email protected]

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