HEALING AND RECONCILIATION FOR PEACE AND PROGRESS

PROF. SIMON E. KULUSIKA

Zambian Open University

Box 449, Post.Net, Manda Hill

     P/ B E891

Lusaka, Zambia

Cell: 00 260 973 711 250

To:      Gen Salva Kiir Mayardid

President of the Republic of South Sudan

Commander — in — Chief of South Sudan Armed Forces

Chairperson of Sudan People’s Liberation Movement.

Commander Gen Dr Riek Machar Teny

All Presidents and Chairpersons of Political Parties

in South Sudan.

All Chairpersons of Civic Societies based in South Sudan.

All Chairpersons of NGOs based in South Sudan.

From:   Prof. Simon E. Kulusika, Citizen of South Sudan

Lusaka, Zambia.

Date:   6th July, 2014

SUBJECT:   HEALING AND RECONCILIATION FOR PEACE AND PROGRESS

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Sisters, Brothers, Comrades

July 9, 2014(Nyamilepedia) — Our country has witnessed and continues to experience violence following the events of 15^th December 2013. The protagonists to the conflict are known to all of us, although the overlapping ethnicand political nature remains a matter of debate. What is disturbing is that it has caused and created uncertainty, instability, insecurity, and humanitarian crisis and emergency, which must quickly be addressed.

The cease-fire agreement, negotiated and concluded recently in Addis Ababa, Ethiopia, is a promising step if the parties adhere to it and implement and enforce its provisions in good faith, to achieve peace. It is the first step in overcoming the crisis and more needs to be done to ‘rebuild’ trust between politicians and between communities directly or indirectly affected by violence.

The purpose of this letter is not only to call upon all political leaders in South Sudan to ‘re-engage in political dialogue and prevent further human suffering’, but also to suggest seven main agenda to address the current crisis and enhance the processes of returning to normalcy.

A – 1: CEASE-FIRE

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A – 4: COLLECTIVE PRESIDENCY

a)    Governments can be broadly classified as monarchy, aristocracy, theocracy, democracy etc. The subsidiary forms of government are referred to as unitary, federal, or con-federal governments. Further classification includes parliamentary and presidential governments. There also is an admixture of the above. One common feature to all of these forms of government is that one person who is referred to as head of state has absolute powers or powers restricted by the constitution.

In the case of South Sudan the government system can be classified as quasi-federal, because the underlying principles that organise the government are those of the devolution of powers to the a subordinate organ without the right of sharing sovereignty. Moreover, the President of South Sudan exercises sweeping powers including the powers of appointment and dismissal of officials holding key positions, e.g., vice president, governors, chief justice, attorney general, ministers etc. The exercise of some of these powers can give rise to the expression of dismay and anger which can boil up into uprising.

b)    Everybody knows what the President of South Sudan can do: as an executive president he becomes the sole and real head of state. He is not accountable to the legislature, except in a few instances, though he may be removed by the process of impeachment. He may change the portfolios of ministers at will, or may dismiss any one of his ministers who falls in disfavour with him. He formulates national policy, orders mobilisation of troops, and declares state of emergency. He takes steps for the enforcement of laws and the maintenance of order in the country. These are critical powers which may be excessively employed. Once this happens, especially in a multi-ethnic state as South Sudan, allegations of ethnic victimisation will be made, and may lead to confrontation as the events of 15th December showed.

c)    Those sad events, we believe, call for re-invention of a presidential system in which executive powers are collectively exercised. Under this system there shall be established a Presidential Council Of State (PCS) as a collective Executive Presidency of the Federal Republic of South Sudan (hopefully the name South Sudan will have been changed to save the people from being reminded of bad history). The PCS shall comprise:

i.         Nine members: Dinka — 2; Nuer -1; Shilluk — 1; Bari —1; Latuka (or Toposa) — 1; Zande —1; Ndongo —1; and Fertit (kieraish) — 1.

ii.         A member of PCS whose party has a commanding majority in the lower House of the National Assembly (without the aid of alliance) shall assume the Chairpersonship of the PCS and be sworn in as the Executive President of the State (South Sudan).

iii.         There shall be three (3) Vice Chairpersons of the PCS who shall also become the Vice executive presidents of the State. They shall be as follows: Dinka -1; Nuer — 1; and another — 1.

iv.         The Quorum for a valid business of the PCS is four (4) including the Chairperson. The decision of the PCS shall be by consensus, failing, by 2/3 majority of the members present and voting in respect of substantive matters, and by a simple majority in procedural matters.

v.         The tenure and functions of the PCS shall be regulated by the Constitution and Orders in Council.

The establishment of the PCS is intended to reduce struggle for power and remove allegations of ethnic domination and tendency of staying (in power). One caveat is that the Numerical advantages of the Dinka, Nuer, and Zande should not and cannot be ignored if South Sudan is to move forward. But this must obtain by consensus in a democratic State.

A-5: REPRESENTATION

The existing system of political representation needs to be reformed to give adequate representation to the following:

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