Kiir’s security law marks the burial of the Constitution: A day for more mourning in South Sudan!

By Biel Boutros Biel, South Africa

Fellow citizens:

October 8, 2014 (SSNA) — Salva Kiir’s oath law (security bill) has been passed by his small loyalists in Juba on 8 Oct 2014.

Good citizens and friends of the honest South Sudanese, join me in mourning the burial of the last good parts of the Transitional Constitution of South Sudan 2011.

The Constitution fell sick in November 2011 just four months after our independence when Kiir’s family used the security agents to arrest, detain and torture our friends and courageous young journalists; Dengdit Ayok and Ngor Garang for authoring and publishing the ‘Nyan-Beny’-Ethiopian marriage’s article.’

The Constitution was deadly wounded on 5 December 2012 when our outspoken colleague, good fellow country man and brother Isaiah Abraham was assassinated by the same security agents.

By January and May 2013, the Constitution was hospitalised at J1 when Mr. Kiir removed those leaders elected by South Sudanese like him, the state governors in persons of Gov. Chol Tong Mayay and Gov. Taban Deng Gai of Lakes and Unity states respectively. This was a rule by law and not a rule of law since article 101(r) of the Constitution allows him to do so. In fact, in constitutional terms;it was  a dismissal of elected leaders by constitutionalised unconstitutionality.

By 23 July 2013, the Constitution went into coma as Mr. Kiir dismissed the whole country’s executive government to get rid of one man; Riek Machar; leaving South Sudan going without an executive wing of government for almost 3 weeks but Kiir himself was the President without executive arm members!

By 15 December 2013, the Constitution was dead when Mr. Kiir made his self-coup, sending Machar into the bush and imprisoning the liberation heroes and humiliating the mother of the nation mama Rebecca Garang de Mabior.

When to bury the Constitution, has been debatable in Juba but on 8 Oct 2014, the long-serving rebel fighter for democracy and freedom Mr. Salva Kiir has decided to bury the Constitution which unconstitutionally  he helped created in 2011, wounded in the same year, fell sick in 2012 and went into coma and died in 2013.

The reign of terror is finalised!

As you join me fellow citizens and good friends, in mourning for the good parts of sacred document, may we remember all the heroines and heroes who died from 1995 to 2014 for our liberation. May we remember the good golden days when our fellow country man Salva Kiir Mayardit was fighting for the liberation which he has now decided to kill!

May the Soul of our Constitution except article 101(r) and (s) rest in peace.

Kenyans say it is not yet ‘Uhuru’ and I repeat, that it is not yet ‘INDEPENDENCE’ for us


Under the Transitional Government in the making, if that government comes; fellow citizens, we who are of not ‘inside the government’, I can assure you, will be back in the country and courageously challenge constitutionally this anti-people law using constitutional principles before a Transitional Constitutional Court. Believe me; the ruling will be in our favour as long as the case is not launched before the current Judiciary.

With this, we have now tentatively launched our case before the incoming Transitional Constitutional Court to challenge this unconstitutional Act! However this terror Act, to my mind, means two things; either the man; liberator-turned-oppressor Salva Kiir, is ready and about to leave the power and these are the last days of Charles I and Louis XVI or it is the start of a serious war in South Sudan.

We shall be coming up with our analysis of why the new Act is unconstitutional.

Biel Boutros Biel is an Executive Director of the South Sudan Human Rights Society for Advocacy (SSHURSA) and former Secretary General and Spokesperson of the South Sudan Civil Society Alliance but the views expressed here are his own. He fled to exile since December 2013 and is currently pursuing his Master’s of Laws Degree (LLM) at the University of Pretoria, South Africa. He can be reached on: [email protected] /[email protected]

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