By Pay Pathot
Opinion.
Oct 14, 2014(Nyamilepedia) — To give peace and unity a chance Salva Kiir should resign for following reasons:
I — The president lied under-oath, which constitutes violation of South Sudan Transitional Constitution 2011, Article 99, which stated it clearly that a president must be faithful and bear true allegiance to the Republic of South Sudan and shall diligently and honestly discharge his/her duties with integrity, but because of his incompetency he created a fake coup in order to eliminate those who are aspiring for chairmanship of SPLM party.
II — The president have already violated Article 53 sub-sec (1) by “failing to maintenance peace and security in the country since July 9, 2011, which is the primary responsibility of national government. I am glad the care taker governor of Lake State Gen. Matur Chut made it abundantly clear to president Salva that, if he is removed because of insecurity in his state he’ll not be quit, now writing are on the wall.
III — The president has violated Article 103 sub (2) for high treason and gross violation of constitution by inviting foreign forces in the country, namely Uganda People’s Defense Forces (UPDF) SPLM/A North and Justice & Equality Movement (JEM) to exterminates the killing of certain ethnic groups in the country without the National Legislatures approval, which again constitute the ethnic cleansing and crime against humanity.
IV — The president used a banned cluster bombs and chemical weapons by his close coalition, allies like Uganda’s UPDF against his own people who are opposing his one-man rule. This is a comprehensible infringement of Human Rights and Crime against humanity, punishable by indictment. The uses of banned cluster bombs are a clear violation of international norms and constitute crimes against humanity.
V — The president failed to uphold constitutional mandate by dilapidated to carry out bi-elections in Lake, Unity, and Jonglei States respectively, after he illegally removes elected governors.
VI — The president’s constant tampering with Article 24 of South Sudan Transitional Constitution which provides freedom of expression and media, is an obvious violation of the national constitution.
VII — The detention of his political opponents, namely the former detainees without due process is a violation of the country’s constitution that he claims to defend. This has shown his true intolerance and fear of transformation and democratization within the SPLM Political Party in particular and South Sudan in general. This is a clear Violation of Article 19, sub-section 1& 2 which guarantees fare trail and equal protection before law; read together with Article 18 which states that “no person shall be subjected to torture or cruel, inhuman or degrading treatment or punishment”.
VIII — The president violated the Article 151 sub (33), which states it clearly that “no person or persons shall raise any armed or paramilitary force in South Sudan except in accordance with under constitution and the law” but he have recruited and raised over 3000 presidential owned tribal and private militia from his own clan, who carried out massacres on the Nuer civilians in December 2013 in Juba, which constitutes abuse of powers for tribal revenges and settling of old political grudges. The death of Nuer Ethnic group was a planned revenge for 1991 inter-tribal feuds between the Nuer and the Dinka, which would have nothing with any fictitious or political coup d’état.
X — The president has violated Article 152 sub-sec c using the national armed forces to kill civilian population in Juba.
Finally, notion that Salva Kiir is an “elected” president and his fighting to “protect the constitution” and for the sake of constitutionality, can Hon. Makuei Lueth be honest enough to agree with us that the above mentioned points are violations of South Sudan Transitional Constitution, and therefore the argument that Salva Kiir is elected president is no longer an issue any more, since he have decided to declare war on his own government unknowingly.
The author can be reach at paypathot@gmail.com
