From Equatorian Leaders In Diaspora, ELD,
4th October, 2015(Nyamilepedia) — We, the Equatorian leaders in Diaspora (United States of America, Australia, Canada, and United Kingdom), speaking on behalf of our constituents and as stakeholders in South Sudan political situation, reject the Presidential order number 36/2015 AD issued by President Salva Kiir Mayardit on South Sudan Television (SSTV) on the night of Friday 2nd October 2015 for the creation of 28 states in the Republic of South Sudan. Currently, South Sudan has 10 states. The order has come as a surprise to most South Sudanese.
We reject the issuing of the Presidential order for a number of reasons, including the following:
- Procedural matter: We consider that such an important matter of creating new states requires a democratic process to be followed. It should involve The Council of States as stipulated in the Transitional Constitution of the Republic of South Sudan Articles 161 (3), (4). In addition, the people of South Sudan should also be consulted. None of these happened. Therefore, the President has undermined the expected democratic process and values, which he is supposed to uphold.
- Unconstitutional action: The current constitution of South Sudan states that there shall be 10 states in the Republic of South Sudan, and that no one is above the law, including the President. The President’s action in relation to issuing an order to create 28 States in the Republic of South Sudan violates the constitution and it amounts to amendment of the Interim Constitution of the Republic of South Sudan, outside his power. The key extracts of the Interim Constitution states that:
Article 3
(1)      This Constitution derives its authority from the will of the people and shall be the supreme law of the land. It shall have a binding force on all persons, institutions, organs and agencies of government throughout the Country
According to the constitution “States of South Sudan”:Â Article 161
(1)      The territory of South Sudan is composed of TEN states governed on the basis of decentralisation.
(2)      The constitutions of the states shall conform to this constitution.
(3)      State boundaries shall not be altered except by a resolution of the Council of States approved by two- thirds of all members.
(4)      Names of states and their capital towns shall not be altered except by a resolution of the Council of States approved by a simple majority on the recommendation of the relevant State Assembly.
The President has broken his oath by not consulting the members of the National and State Assemblies that represent the people of South Sudan.
Therefore, the President’s action to create 28 states is unconstitutional. Any amendment to the Constitution for creating new states can only be carried out by the Parliament, and not the President.
- Against the spirit of the current peace agreement: The unilateral action of the President to issue an order for the creation of 28 states in the Republic of South Sudan runs contrary to the current Agreement on the Resolution of the Conflict in South Sudan. The power sharing formula of the Agreement Chapter 1 Articles 1.1.6, 15.2 and 15.3 is based on 10 states, and not 28 states. The action of the President can be interpreted to mean an act of derailing the peace agreement.
In conclusion, we reject the order by President Salva Kiir Mayardit for the creation of 28 States in the Republic of South Sudan, on the grounds of procedural and constitutional matter, and that it is against the spirit of the recently signed peace agreement.
We request IGAD plus to intervene in order to ensure the peace agreement is implemented in full, both in letter and spirit. No party should be allowed to undermine the peace agreement by unilateral actions that are not stipulated in the agreement.
We call upon the people of South Sudan to reject the order of the President. The people of South Sudan have not been consulted on such an important and major issue of creation of new states.
THE EQUATORIAN LEADERS IN THE DIASPORA:
- Federico Vuni, Equatorian Community Leader in the UK
- Kwaje Lasu, Equatorian Community Leader in the US
- Joseph Modi, Equatorian Community Leader in Canada
- Mr William Orule Equatorian Community Leader in Australia
Contact email: livi.hope@yahoo.co.uk
9 comments
Keeping writing ELD,but make sure that majority of our people are behind 28 provinces / States with one future Capital of Republic Of South Sudan.
In politics 28 States is a Landslide for President Kiir. He desrve a long hand Stick as a gift from me to check it like Omar Al Bashir.
Agumut
You now agree to 28 State with out back ground but last time you rejected 21 state which has background. You Dinka always make copy and past then complain of victory. You Kill many Nuer and Equatoria who were fighting for self determination but joint them later on and claim the victory now Dr. Riak fight for 20 Month to introduce Fedralism with 21 State but you dinka Kills Equatoria and Nuer again. Now when your empty minded Kiir past the proposal from Dr.Riak you jump up to appreciate. JEALOUSY WILL KILL YOU AT LAST!!!!!!! Please accept 21 State with Ramchel as Capital City
I accept 28 Provinces because we have to go back to RESCUE the country from Greediest of power and Top Position’s Seekers in the name of DEVELOPMENT.
Empty skulls that are only good at snatching other people’s ideas of better visions. Mental bankruptcy and greed for power is what Nuers and other tribes are dealing with. Where the hell is Lul Ruey Kong, has he and his mother-in-law been awarded their own state yet with him as the governor and her as the vice governor on her knees?
The creation of those bogus states will never be implemented even if Kiir push out a million more decrees. I heard every tribal chief in theit villages can now become a governor of their own little cattle hut.. Pathetic
I don’t recognize this recently created by Salva Kiir. Why not earlier before crisis when all south sudanese were in peace as one nation. We only need 21 states with clear borders not this without borders which may later cause border disputes amongst south sudanese commuinties. I can’t imagine some people hate Dr. Riek Machar and they copy and paste his vision. Why don’t they create and apply their vision apart from ‘federal system of governance’ and if south sudanese can agree with their invalid vision. We need federal but not through Salva Kiir who kiiled thousands and displaced millions south sudanese.
Equatorians,be happy with your own new states out of 28, because your own homegrown sons and daughters of your own tribes will run your own states on your own ancestral lands on half of every each of you who will elect them after the end of the Government of National Unity,which will be followed with democratic elections.
The same system applies to Dinkas, Nuers,Shilluks, and every other ‘Juur’-i.e (a Dinka dialect for a none derogatory term,referring to other tribes that Dinka people don’t understand their dialects or speak their mother tongues).
This giving of 28 states is fair share for evey tribe in South Sudan that has been calling for federalism.
It is the best deal for every tribe that leaves no room for any dominant of one tribe over the other.
The deal neither bans any member of each tribe from running for a public office in the central government based in the nation’s capital nor does it prevent each state from being allocated funds generated from the country’s oil, other natural resources and taxes managed by the treasury of the ruling government.
Kiir’s innovation of such a new idea, is a violation of the on going peace agreement signed in Addis Abba-Ethiopia.
I really condemn the formation of the 28 states issued by the incumbent president because it is against the constitution of the Republic of south Sudan.
Kiir must know that, holding the stick of the whole country does not imply that you just work according to your own accord. But must sit down with the head of the states and the parliament for further negotiation concerning this issue.
Kiir must initially read the constitution that guides the country before issuing an illegal decree. Because such a big transformation could not be made without the the prior consent and the public consultation of the head of the states.
The problem is not Kiir,s alone. The Korbandys and the Weks, Kiir’s advisors, who are lawyers by profession, how can they miss the glaring constitutional blunders?
1. State boundaries, names of states, capitals and change in number is the specialty of Council of States.
2. no provisional orders when parliament is in sitting
3. Checkout Articles 59, 86, 162 which have been violated
4. Articles 101, 166 quoted out of context.
Our constitutions is in tatters. The law profession should bear part of the responsibility
Allan