Press Releases

SPLM Unseats Members of SPLM-DC from Juba-based Legislative Assembly

Press Releases

June 8, 2010 (SSNA) — The unhealthy relationship between the leaders of the SPLM and SPLM-DC has today taken an unexpected turn. The SPLM dominated Southern Parliament has lifted immunity from four parliamentarians who are belong to the SPLM-DC. Bellow is a press statement released to the media by the SPLM-DC:

 

 
SUDAN PEOPLE’S LIBERATION MOVEMENT- DEMOCRATIC CHANGE
 
Date: 8 June, 2010
 
THE SPLM-DOMINATED SOUTHERN SUDAN LEGISLATIVE ASSEMBLY TAKES THE FIRST STEP TO UNSEAT SPLM-DC MEMBERS.
 
In a new, though not surprising, twist of events, the SPLM-dominated Southern Sudan Legislative Assembly (SSLA) today lifted the immunity of the four members of SPLM-DC in the Assembly. The move came on a request presented to the Speaker by the Minister of Legal Affairs and Constitutional Development to lift the immunity of the SPLM-DC members in the SSLA. It is said that the Minister was acting on the request of the Minister of Internal Affairs of the Government of Southern Sudan (GOSS) in relation to the case of the slain Paramount Chief of Panyikang on the 22nd of May.
 
The matter was speedily moved and within a short time, the SPLM-dominated SSLA granted the Minister what he wanted and resolved that the immunity of the four members be lifted and that they be taken to Malakal under arrest for investigation.
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Speech by the Chairman on the First Anniversary of Launching the Public Activities of SPLM-DC

Press Releases

Khartoum, 5 June 2010

Distinguished Guests, Dear Comrades,

June 6, 2010 (Khartoum) — I welcome you warmly and thank you for having attended this occasion, which is dear to our hearts, that is, the first anniversary of the founding of the SPLM-DC. I welcome in a special way the distinguished guests who travelled long distances and came from all the States of Sudan to prove to the world that this is a great party and can accommodate all. We appreciate your coming and welcome you all.

I also thank the organizing committee for a work well done, as well as everybody that has contributed morally and materially towards the success of this gathering.
 
From the outset, I must salute the founders of the SPLM/SPLA who are no longer with us in this world: Akuot Atem de Mayen, the founding Chairman of the Provisional Executive Committee (PEC), Joseph Oduho, Samuel Gai Tut and Martin Majier Gai, all members of the PEC and the Chairman of the Political-Military High Command, Dr. John Garang de Mabior and members of the PMHC: Kerubino Kuanyin Bol, William Nyuon Bany, Arok Thon Arok, John Kulang Puot, Martin Manyiel Ayuel and Galerio Modi Hurnyang. We also remember the memory of our senior commanders who watered the tree of freedom with their blood. On this auspicious occasion, I also salute all the martyrs on both sides of the civil war who made the ultimate sacrifice to bring about the peace we enjoy today in our beloved country. We also remember all the martyrs of our nation-state throughout their struggle for freedom and dignity. Death has also robbed us of our dear brother, Dominic Maku, the Acting Representative of the Party in Canada, who passed away on the 21st of May. He served SPLM-DC with dedication and self-denial. We bow in respect to them all.
 
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Former Jonglei Gubernatorial Candidate, Warns Southern Leaders, Reaffirms his Commitment to the CPA

Press Releases

Date: 28 May 2010

Statement by Lt General George Athor Deng on the Referendum on Self-determination of Southern Sudan

May 30, 2010 (Southern Sudan) — In my statement on the 7th instant, I explained the situation that was created by the ruling clique in Juba due to the use of the SPLA and other security organs by them in rigging the general elections, their plan to attack me and the fighting that ensued. I outlined a two-point programme as a way out to stop the fratricide now developing, and concluded by the following statement:

I reaffirm my commitment to the implementation of the Comprehensive Peace Agreement (CPA), especially the conduct of the referendum on Self-determination in 2011.

Since then the response of the Government of Southern Sudan was a decision by its Council of Ministers ruling out any talks with me and ordering its army to capture me “dead or alive”. Well, despite the intense propaganda by the clique in Juba downplaying the gravity of the situation, the grand military offensive to fight me mounted under the command of Major General Bol Kong suffered from internal dissent and mutiny, and finally collapsed four days ago. This dashed the hopes of the war-mongers in Juba on a quick defeat of the Southern Uprising against those who stole their will. The Uprising is now spreading as evidenced by the military actions in Pibor area these days, Upper Nile last week, Juba-Bor road and in Unity State today. More surprises are awaiting the ruling clique in Juba. Those in Juba who dream of wishing away this revolution should think again.

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The Elections in Southern Sudan are shame, fraudulent and Farcical

Press Releases

Public Statement 

April 27, 2010 (Juba) — The National Elections Commission (NEC) announced yesterday the final results of the General Elections in Southern Sudan. This entails elections for the President of the Republic, the President of the Government of Southern Sudan, Governors for the ten States and members of the Legislative Assemblies on the three levels of Government. The results that the National Elections Commission has announced for the three levels of Government in Southern Sudan are not acceptable to us because there were not free and fair. Indeed, these elections in the South were managed and rigged by the SPLA, the army of South Sudan and not by the election commission which had absolutely no presence in Southern Sudan.

A free and fair election requires that there must be a level field for all the political parties and individuals seeking election, a neutral and independent National Elections Commission and a conductive atmosphere for the process. The presence of national and international monitors is supposed to ensure that the elections process is transparent and that voters are free to choose the candidates of their preference. 

Regarding a level field for political activities, this was non-existent in Southern Sudan for the last five years. Political parties and individuals other than the SPLM were denied the right to propagate their ideas and policies in the South. Despite this limitation many saw the elections as an opening for the parties and individuals to present themselves to the people. The political parties in Southern Sudan even signed with the SPLM an Electoral Code of Conduct on the 2nd of March 2010 under the aegis of the AU High Level Implementation Panel. This Code was not implemented.

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USSP Condemns the Repeated Detentions of its Leader

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Press Release

April 16, 2010 (SSNA) — The United South Sudan Party (USSP) condemns in the strongest terms all the harassments and detentions to which it’s Leader, Mr. Clement Juma Mbungoniwia was unnecessary and illegally exposed.

Mr. Mbungoniwia, a lawyer by profession, was detained several times on Tuesday 13th and Wednesday 14 April 2010, by the security personnel and the police while in Source Yubu Payam, Western Equatoria State, in south Sudan,and was lastly asked to leave the Payam for Tambura, together with a truck that was hired by the USSP to transport its supporters from Mabenge to Kpatanayo polling station.

However while in Tambura, the Supreme Judge was able to free Mr. Mbungoniwia, and asked him to return to Source Yubu and resume his political activities normally as none has the right to arrest him (Mbungoniwia) without first consulting with the Supreme Judge’s Office given the former’s legal background.

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The National Elections Commission and the flouting of the National Elections Act and Rules

News, Press Releases, South Sudan, Top Stories

February 11, 2010 (Khartoum) — 1. Yesterday, 8/2/2010, the National Supreme Court decided to dismiss on procedural grounds the objection deposited before it by the SPLM-DC to the nomination of General Salva Kiir Mayardit to the office of President of the Government of Southern Sudan. A translation of the decision of the Court is attached. It did not look into the substance of the objection. The essence of its decision was that the objection should have been decided upon by the National Elections Commission.

2.The SPLM-DC had on 5/2/2010 deposited the said objection to the National Elections Commission on the grounds that: (1) General Salva Kiir is still an active officer in the SPLA which is recognized in Article 144(1) as a national organized force which members are prohibited by Article 12(2)(a) of the Political Parties Act 2007 from involvement in politics, and (2) his attestation as part of the nomination requirements to respect the Comprehensive Peace Agreement is not valid since in practice he was violating the same. A copy of the objection document is attached.

3. The background to the objection is that the High Elections Committee for Southern Sudan in Juba in compliance with Article 45 (1 and 2) of the National Elections Act 2008 read together with Article 10(1 and 2) of the General Elections Rules 2009, published on 29/1/2010 the list of the nominations to the office of President of the Government of Southern Sudan, and made it public that the parties concerned may raise objections on Form (11) to any nomination within seventy two hours from the date of publication above.

4. The SPLM-DC did make the objection which it handed to the National Elections Commission on the 1st of February 2010 so that the Commission could decide on it in accordance with Article 10(3) of the General Elections Rules 2009. The Chairman of the Commission, Mr Abel Alier, wrote to the SPLM-DC on the 2nd of February advising that it may, if it wished, “complain/appeal to the National Supreme Court which has established a special court in Khartoum, to look into complaints/appeals on nominations”. A copy of this letter is attached.

5. The SPLM-DC replied back on the same day stressing that the decision was within the competence of the Commission and not the Court as is clearly stipulated in Article 45 of the Act and Article 10 of the Rules. The SPLM-DC enclosed a letter which Mr. Abel Alier had written secretly and without the knowledge of the other members of the Commission on 21/1/2010 to General Salva Kiir Mayardit advising that he may nominate himself or be nominated by others. Abel’s letter which is self-explanatory is attached. In its reply to the Commission’s letter the SPLM-DC explained that Abel’s letter was based on false information given to him by Minister Dr Luka Biong Deng that General Salva Kiir was retired from the SPLA by the late Dr John Garang in May 2007(sic) and that the objection provided facts questioning this false information on the matter. The SPLM-DC’s letter to the Chairman of the Commission dated 2/2/2010 is attached.

6. The Commission did not reply the last SPLM-DC’s letter and the party had no option but to resort to the National Supreme Court on 5/2/2010 as advised by the Chairman of the Commission above.

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Request to strike off the name of General Salva Kiir Mayardit from the list of candidates

News, Press Releases, Top Stories

To: The National Elections Commission

Subject: Request to strike off the name of General Salva Kiir Mayardit from the list of candidates for the position of President of the Government of Southern Sudan

(On the strength of Article 45(1) of the National Elections Act 2008 and Article 10(2) of the General Regulations for Elections 2009)

February 11, 2010 (Khartoum) — General Salva Kiir Mayardit holds a military rank (General) and is still active in the SPLA and hence he is not qualified in accordance with Article 12(2)(a) of the Political Parties Act 2007 to seek election without resignation from the army. That the SPLA is an organized force is affirmed by Article 144(1) of the Interim Constitution of the Republic of Sudan 2005.

Facts of the Case

1. In July 2005, the SPLA’s officers ranks (Lt to Commander) were changed to the conventional ranking system (Lt to Field Marshall). Members of the Leadership Council, including Cdr Salva Kiir Mayardit were absorbed into the rank of Major General and simultaneously retired as Lt General.

2. When the reconstituted Leadership Council met in August to choose a successor to the late Dr John Garang, Mr. Salva Kiir was endorsed as the Chairman of the SPLM and reinstated in the SPLA as Lt General. I was present in that meeting.

3. Since then he has been exercising powers in that capacity. A sample of orders he signed as Lt General in the SPLA is attached.

4. Some time in 2006 he promoted himself to the rank of full General (or First Lt General, as is erroneously referred to). He put on the uniform with that rank. The photos attached testify to this fact.

5. He continued to exercise his powers as General in the SPLA. A few examples will suffice. He heads the recently formed military Command Council, composed of more than 40 senior SPLA officers. In his capacity as a General, he has been graduating SPLA soldiers in uniform (see the accompanying recording).

6. He has an office in the SPLA HQ in Juba. No Commander-in-Chief who is not in active military service can have an office in the military HQ.

7. The claim that he was retired on 17 July 2005 is belied by the above facts and later statements made by two senior members of the SPLM in January 2010. On the 13th of January, Dr Luka Biong Deng, Minister of Presidential Affairs in the Government of Southern Sudan, a close aide to the President, ruled out the possibility of General Salva Kiir stepping down from the army for nomination in the elections (see Sudan Tribune, January 17, 2010, attached). He further said that presently the SPLA Act states that no member of the SPLA can participate in political activities but said there will be decisions made within the regulations of southern Sudan (see Sudan Tribune, January 14, 2010, attached). This statement clearly means that Salva Kiir is indeed in active military service as SPLA General. Also, Mr. Pagan Amum, the Secretary General of the SPLM, held a press conference in Khartoum on 20/1/2010 in which he declared that “President Salva Kiir will resign from the SPLA.” (The Intibaha daily newspaper dated 21/1/2010, attached).

8. These two statements from people very senior in the SPLM and close to General Salva Kiir confirm that he is still in active service in the SPLA.

9. By practice, General Salva Kiir has been active in the SPLA since he was reinstated in 2005 as evidenced by the above facts.

Conclusion

General Salva Kiir Mayardit is still in active service as an officer in the SPLA. Since the SPLA is an organized national force in accordance with Article 144(1) of the Interim Constitution of the Republic of Sudan 2005, General Salva Kiir cannot be eligible to run for the elections while still holding his military position in accordance with Article 12(2)(a) of the Political Parties Act 2007. His name has to be struck off the nomination list of candidates running for the office of the President of the Government of Southern Sudan.

Thanks.

 
Dr Lam Akol Ajawin,
Chairman, SPLM-DC,
Candidate for the Presidency of
the Government of Southern Sudan
 
Attachments:
 
1. Decrees of the Chairman of the SPLM Nos: 9/2007, 10/2007, 11/2007 and 12/2007.

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