By Dak Buoth Riek-Gaak,
June 5, 2022 — There is a thin line between the law and the words of the President. His words are not the law, but they are backed by the law, except when they are in conflict with the law.
They say law does not exist in vacuum. What this means is that laws are always not self-executing and or self-explanatory. That is why we have judiciary and executive arms of government to assist us both in execution and interpretation of the same respectively.
The President with all the powers accorded to him by the constitution and other existing legal instruments has a legal duty to ensure that his actions are partaken and accomplished expeditiously.
The Head of State and Government has all state machineries and instruments of power to enforce its duties and decrees. As per law, the President being the commander-in-chief of the armed forces is in-charge of the police and the military plus other security agencies tasked with providing security and defense of the people and their properties.
Moreover, the President is the custodian of state resources that can enable his administration to effect and execute its actions devoid of any delay or failure.
At times, when the President makes a statement, the citizenry will presumed that his words must be put into action by the state officers and officials. However, on numerous occasions, it has appeared that President Salva Kiir Mayardit will say one thing this month and another thing next month with no actions or results. Unless one resides on the planet Mars he would know that our President’s words are in vain, and people hardly take them seriously.
This sad trend raises questions as to who has the state power in South Sudan. How could it be that the President said something which ended up like proverbial seeds that fell on the rocky ground? Presumably, if the person of the president issued a certain decree or directive that something must be done in the morning and end the same day in the evening, it should be completed within the stipulated time-frame except when it’s interfered with by superior force from the above.
This brings me to the recent case where President Salva Kiir issued a presidential decree in which he appointed an Investigation committee that never saw the light of the day.
In April 2022, there was violence attack on civilians in Unity State. This unlawful foray led to massive violation of human rights against innocent civilians in Leer County. This unfortunate incident caused nationwide anger and uproar. And as the violence was raging there, few Unity state national parliamentarians and Activists led by Senior Youth of South Sudan, Lawyer Puot Tap Riak protested in Juba calling on the President to stop the violence, and subsequently institute a committee of inquiry with a view to bring the causatives and culprits to book.
On 13th April 2022, the president through a presidential decree formed and announced on state-run television (SSBC), a 7-man investigation committee with an arduous task of establishing the cause and giving recommendations to deter any future clashes. The committee was chaired by Water and Irrigation minister, Manawa Peter Gatkuoth Gual deputized by Wildlife and Conservation minister, Rizik Zachariah Hassan.
They were given a period of fourteen (14) days to submit the report or finding to enable the government to take appropriate action. While forming this committee, the president referred to some sections of South Sudan Investigation Committees Act, 2006 that gives him powers to establish the Leer committee of inquiry. As a result, the president earned some praises from members of the South Sudanese public for heeding to the calls to form this particular committee.
Surprisingly, from the day he made this announcement, we have never heard the whereabouts of the committee. They never met or stepped foot in Leer County. Soon after they got sworn in at the state house they went and kept pin-drop silence.
As we converse, the Peter Manawa Gatkuoth-led committee did not start their work let alone submit their report in two weeks as stated by the President. As at now, their time of carrying out the investigation has elapsed before they even start the process. So, the Leer investigation committee died on arrival. The premature collapse of the Manawa Peter Gatkuoth-led committee is regrettable because the victims and survivors still need justice. They strongly need justice, and justice delayed is justice denied.
Alternatively, we cannot talk about reviving the committee that has gone to grave. If anything, we can talk about forming another investigation committee afresh with people suitable for the task. And like I stated before in the previous article on this matter, the committee should comprise representatives from Civil Society Organization, South Sudan Bar Association or judiciary, South Sudan National Security Service and Catholic Church to mention but a few.
More importantly, what worries me is the fact that the president did not bother to ask whether or not the committee is ready. If he was serious, the president could have done a follow-up to assist them where they got stuck or needed his support.
My other point of concern is the silence of the groups which came out demanding the formation of this none existent committee. It seems they were satisfied by mere naming and swearing in of the committee that is why they went underground. I think they got it wrong, for the act of swearing-in the committee members is not sufficient. They could have come out again like never before demanding the reasons why the committee decided to go into deep slumber.
Prior to jotting down this article, I posted a question to myself why the Leer Investigation died on arrival? I then came up with three main reasons. One, the committee was not really meant to start and finish their work, because when you look at the committee’s composition, you could tell at the onset that they won’t go far.
Two, the appointing authority is afraid of the outcome. The president has a clue that the committee will obviously implicate and incriminate their loyalists in Unity state which eventually will force them to sack and or hold their allies accountable.
Three, the government or appointing authority has a divided opinion as to whether they should bring or give justice to the victims and survivors for reasons that the residents of Leer County are perceived to be proponents of their political adversaries. Having stated that, I would like to give the president a benefit of doubt by calling on him to immediately constitute another committee with his full support and with the competent representatives from the above-mentioned institutions in the country.
The Writer is the Chairman of Liech Community Association in Kenya; the views expressed here are his own, and he can be reached for comments via eligodakb@yahoo.com
1 comment
Yaa Mr. Dak Buoth Riek-Gaak
That Manawa Peter Gatkuoth of yours doesn’t exist chap or is he some kind of our Nuers yet another Ngundeng Buong, Wurnyang or Riek Machar reincarnation?
Our Nuers ke nyantoc of old people would never fail to amaze people, with their cheap superstitions and fantasies.
It is how our Nuers ke with their messy & children-like-lifestyles thrive, create their own messes and blame it on someone else—–the Jaangs/Muonyjiengs/Dinkas, Mr. Salva Kiir, Jaang/Jieng council of elders (JCEs) and if all don’t stick, then blame it on whether.
And this Dak Buoth Riek-Gaak fellow keep posting his bullshit in foreign capital than to haul his sorry arse back to South Sudan, to resolve his chaotic community ceaseless problems.
But yeah! Our Nuers of old people be might looking for their *US, the UK, the IGAD, the African Union (the AU), the UN, the NGOs, humanitarian aid, donations and peacekeeper and human rights worker come and help South Sudan ‘most threaten species—–our Nuers ke nyantoc of old people’
And probably they (our Nuers ke nyantoc) might want their negotiation to be ‘taken to Abesh (so-called ethiopia), prostitute, kenya, Tanzania, Uganda, South Africa, our Kiirtoum/Khartoum, the UK, the US and of course, the UN building in New York’.
And Nuers ke nyantoc pieces of shits, you are being treated with kid gloves some of these days. South Sudanese people are sick of bullshits, and you have been thoroughly warned, to never ever again, dare try to *bring anything that is connected to our cloned so-called Arabs of North Sudan, Abeshas (so-called ethiopian) prostitutes, Bantuses, white Americans, English people, their evil juus (so-called israelis) attack dogs, their gulf Arab states’ terror exporters and financiers, Dutch (so-called Afrikaans), Portuguese, Italians, Irish, Indians, Pakistanis, Bangladeshis, Nepalese, Sri Lankans, the UN, the sleazy NGOs or united nations mission in South Sudan (UNMISS) in the name of rebuilding South Sudan like in 2005.
Or on the pretext of the so-called UN AGENDA 21, now shifted to UN AGENDA 30, UN AGENDA 50——climate change, UN NEW WORLD ORDER, GOVERNMENT WITHOUT BORDERS, GOVERNMENT OF UN, NGOS, HUMANITARIAN AID, DONATION, PEACEKEPPERS, HUMAN RIGTHTS, INTO OUR COUNTRY and OVER OUR EVER EVER AGAIN, and THAT NUER KE NYANTOC PIECE OF SHIT WILL BE KILLED WITH THOSE PEOPLE, REASONS, pure HATRED and RACISM
Do you piece of shits, remember you gat Machar and his English prostitute, Ms. Emma MCCune, we killed her on Ngong road in Nairobi, Kenya 1994. Your gat Machar (Mr. Riek Machar), we killed him in Juba 2016.
You are nuisance to South Sudan and South Sudanese people. You are always used by foreign powers and their proxies to play games with our country and our people.>>>>>