Archive for: September 2012

Lack of Legal Representation Jeopardizes Right of Fair Trial in South Sudan

BY: Beny Gideon Mabor, JUBA;
Introduction: The Republic of South Sudan is a country amongst other family of nations with imposition of capital punishment such as death sentence. Article 21 (1) of the Transitional Constitution of the Republic of South Sudan says ‘no death penalty shall be imposed, save as punishment for extremely serious offences in accordance with the law’. The enabling law is Penal Code 2008 where death penalty for instance amongst other death related offences is permitted under section 206 of the same Act.

To the contrary, the same Constitution under the Bill of Rights Article 11 says ‘every person has inherent right to life, dignity and integrity of his or her person which shall be protected by law; no one shall be arbitrarily deprived of his or her right to life’.

Worriedly, the legitimate question to the rule of law institutions and private legal consultants is: which provisions of the law is supreme between that of the Transitional Constitution and the Penal Code 2008, with respect of right to life and imposition of death penalty as stipulated under Article 11 and section 206 of the former and the later?

And further what is resolution in respect of current powers, save under Article 11 and 21 (1) of the same Constitution? Although this is not the primary intention and a forum to challenge the death penalty, yet I must highlight something about such legal implications for the government and the human rights campaigners.

However, the underlying idea about my argument is the lack of legal aid services in both criminal and civil disputes across South Sudan. The increasingly victims of this legal vacuum are indigent accused persons, be the criminal offenders or civil wrongdoers or both parties.

For instance, according to a research data released by UNMISS Human Rights department and my colleague David K. Deng, a senior researcher on human rights with South Sudan Law Society, therefore found that there are 109 people on the death row with four women and only six people have undergone legal representation. The rest were tried without right to a fair trial in a manner prescribed by law.

This is very sad news for a country promised to have been founded on the basis of justice, equality, respect for human dignity and advancement of human rights and fundamental freedoms.

In fact, Article 19 (7) of the Constitution says ‘any accused person has the right to defend himself or herself in person or through a lawyer of his or her own choice or to have legal aid assigned to him or her by the government where he or she cannot afford a lawyer to defend him or her in any serious offence’.

Additionally, the said legal aid service has been provided in the National Ministry of Legal Affairs and Constitutional Development Organization Act 2008 under section 10 (d) and (g) which says proving legal aid for person in need and educating citizens on their constitutional rights through workshop, seminars and media.

With this situation, one may really wonder why do the government designed good laws but without implementation? It is very challenging in our progress justice system and requires urgent attention from all actors.

Challenges Facing Legal Representation.
After having evaluated the literature review of the both criminal and civil justice trial system through considerable research, I found out numerous challenges facing provision of legal aid to the parties whether such person is capable of hiring a lawyer or an indigent accused person. The very low or even complete lack of awareness of legal aid and access to justice for all remains in a limbo for reasons best known to the rule of law institutions.

Second, there is inadequacy or dysfunctional legal aid strategy in South Sudan despite the explicit provisions of the applicable laws. The appalling situations of suspects awaiting trials in serious offences seemingly remain unmet. However, the legal aid initiative in the national Ministry of Justice is still limited in scope and application. Nobody is aware and when exactly to translate this constitutional obligation into reality to the poor people who are in dire need of legal services.

Third, with the lack of legal aid system in the Republic of South Sudan, causes unnecessary and lengthy detention of people including that of juveniles, women and people of unsound mind without quick and due process of law. How will such watertight legal principle be achieved?

It is of the majority opinion that a strong legal system can be achieved only through constitutional governance where doctrine of separation of powers and subsidiary rules of procedure are respected.

Fourth, as a result of non-observance of the due process of law, the police and public prosecution attorneys usually conduct pre-trial proceedings of the accused persons without legal representation right from earlier stages of interrogation. This is unconstitutional act that often discredits the facts of the case and the prosecution will present what I called a contaminated evidence to court for determination.

Strategic Recommendations
After exhaustively exploring the importance of legal aid services and notifying the hindrance factors, the author in consultation with relevant stakeholders found out and recommends the following strategic suggestions:

First, there should be established a legal aid centre with full and part-time salaried legal practitioners and legal counsels tasked with functions to providing pro bono legal services to the most economically and socially disadvantaged accused persons in the society.

Second, the right of a fair trial will only be achieved in South Sudan when the rule of life must originate from the rule of law. It will also be achieved when all law enforcement agencies like police investigators, prosecutors, prison warders and the court comply with strict demand of legal aid and access to justice for all including that the court must not entertain any case whose party has no legal representation.

Third, the applicable laws are silent about death commuted to life imprisonment. Legally speaking, when a convict is sentence to death and a judicial order is taken to the President for confirmation in accordance with the provisions of Article 101(h) of the Constitution, the President is required by law to have time limit for death confirmation, grant pardon etc… and if the President exceeds the said period without confirmation of the same, then the death penalty is deemed to have been commuted to life imprisonment.

Therefore, I am of the opinion that the Penal Code 2008 be urgently amended and incorporates this provision in accordance with a uniform rule of legislation.

Beny Gideon Mabor is an independent commentator on governance and human rights. He can be reached at: benygmabor@gmail.com

Prosperity amidst poverty: An honour among thieves of South Sudan

QUOTE: Karl Marx once wrote that history repeats itself, once as a tragedy and then as a farce.

Serious Concerns about the South Sudan Transitional Constitution

BY: Isaiah Abraham, JUBA, SEP. 22/2012; The debate on the national constitution has come back. The discussion is on a small scale, however as people seem to have not, much interest about the constitution debate matters while there pressing daily issues threatening their basic lives. There are real issues facing an ordinary person on our streets in our ten states, especially the liquidity problem. We must not shy to sing them here always.

Many people go these days with their pockets empty, and the future looks so bleak on that matter. The market has grown wild and people have no idea when will their economic woes end. Juba residents in particular have come to terms with trouble after another; no running water, no electricity, no medicine on the selves, not enough cash to buy high rising food commodities, no security in the suburbs of the city, no land/housing, no fuel, not enough public transport, and above all no peace of mind.

Let’s turn to what I think is an important exercise everyone should participate fully in- the constitution of the country. Here we go: South Sudan leadership has formed a Committee to review the Transitional Constitution of the Republic of South Sudan. This constitution was adapted on July 9, 2011 when the country became an independence entity. The text was a flip flop of the Interim Constitution of the Government of Southern Sudan, when the country was still one. Some patches were made with little changes from the original document.

There are fears that nothing will really be changed so long as the politicians are comfortable with the current structure of the text. But quick-fix constitution crumbles before everyone enjoys it, and hence necessary to give ourselves time and go through the constitution, chapter by chapter, clause by clause and item by item. It is a matter of life and death.

Someone must incorporate what people really want, not what a small group of people want or section of a region. Once the views are collected and the constitution is ready for operation, it has to go through a referendum first.

The process leading to the new constitution should have been started way back for the constitution to be finally out in January 2013. The body formed to review the constitution however has complained bitterly that it didn’t have money to start working. It looks like the issue of money has been addressed, what are these people waiting for?

In their two previous meetings we are told that the Committee was still on procedures, regulation and familiarization, how about now when the money is already out? We want the good professor to answer our people and not to expect anyone to give his group any lease of life.

Now that the real work is about to start or has just started, what are some of the envisaged problems we must do without in the Transitional Constitution of this country? Well, this writer will go straight and not to waste your precious time. I have some concerns/clauses or provisions I want them either amended, expunged or partially adapted in the next constitution. I’m not going to talk about bills of rights, they are fine.

One is this baggage body called State Lower House or whatever the name that is, formed somewhere last year. I see this House as unnecessary since there is the Upper One (National Legislative Assembly). There is no need for this country to have replica of another body when we have already representatives of the people to the Upper House. We have State Houses and other County Authorities moreover, what specific role are we expecting from this body again, something the other bodies aforesaid above couldn’t do?

If to demarcate and settle disputes between states, counties that is purely the job of the Upper House and the Executive or Judiciary, what other value could this House offer our people? This is a waste of resources and must be dropped from the new text. I’m happy Senegal has just scrapped it altogether through a vote in the National Assembly represented by both houses.

If to accommodate is the problem of the president then that time was yesterday; we are writing a permanent constitution for the country Mr. President. The number of the National Assembly must not be deluded by people whose political parties or support are nowhere.

Second, I see the president struggling to downsize his government. This must be spelt out clearly here. The government should have specific number of ministers with no assistant ministers or advisors. Assistant Ministers and Advisors are to go; they are doing literally nothing there. Their annual budget would be used by Mr. Gier Chuang to tarmac road going to Rumbek then Bentiu.

This too must be reflected in the formation of the National other bodies. Commissions are to be narrowed; Anti-Corruption must go first among those that are to be merged. This is critical if the government is serious about reform/downsizing and to save money for services. The constitution should be the ground to effect changes so the president to have an anchor. January 2013 isn’t far for a permanent constitution to take effect. So downsizing is a necessary evil that must be done.

Third, the government must introduce a Secretary to the Cabinet, somebody who could be free to run the affairs free of distractions. The current minister in the Office of the President should not be the Secretary to the Cabinet, because his schedules are overshadowed by the president’s. He has no much time to prepare reports for matters to be discuss by the ministers. In fact, the president needs no minister there, but an administrator and Mr. Mayen Wol is the right man there to do the chores for the Head of State. The constitution has to incorporate such an idea and do away with two ministers in the Office of the President.

Security can’t be a ministry; where on earth is that? How about the Attorney General, do we need that post? The answer is an affirmative! This position will help the country on numerous cases against the state as well as do prosecution on financial criminals. Issues of corruption could come here.

Forth, there has to be provision about disqualification of members of parliament. Even if elected by the people, there has to be a clause or two in which those with allegiance, obedience or adherence to foreign states are to be dismissed by the House and new election called in their respective constituencies. We have people around here who fall on that category; this clause will act as a deterrent against these people. There are those who are insolvent, those who are adjudged paranoid or senile but are still pretending to be members of parliament, they too are to be disqualified through an act in the new constitution.

Fifth, the new constitution must include a clause about the First President of the Republic. It might read like this: “the first president shall be the person who was immediately declared the Head of State on July 9, 2011”, or “a person who assumes office and declared president on July 9, 2012”. Matters of the law aren’t assumed, they must appear in white and black. President Kiir deserves this piece in the constitution. Same could be said about the ‘father of the nation’ thing. It has to be written so to avoid confusion of who should be who.

Sixth, the constitution must be specific about some requirements to fill up national jobs. Take for example the Electoral Commission Body, the head of this body requirements will have to come out clear from the constitution. The person must be a lawyer, and the list goes on. Members of that Commission also shall have similar backgrounds to avoid appointing wrong/right people on the /wrong/right places. The Chairman of the Electoral Commission am told is an engineer, and wonder who nominated him there in the first place.

Tenure of that body must be clearly provided in the constitution. I suggest that their life span should be that of the House/Parliament. Once the Assembly time is up, the same could be true to the Electoral Commission. This practice must be applied to all other constitutional posts. The span of the House should be for all. But the point is that a person must fit his/her occupation otherwise there is no point going to college to specialize.

Seventh, there has to be provision on the ‘vote of no confidence’ against the government. Parliament will have to initiate this process to allow the president to re-institute another body that will run the government until the period for election comes. We should have done this legal right against the Republic of South Sudan (RSS) if there is anything concrete in the constitution to bank on. RSS has failed our people in a very big way, and hence important to keep our check close and open for anyone who will bend to abuse the people of this country.

Eight, there has to be Judiciary Commission which shall vet or recommend to the president the appointment of the High Court Judges. In our Transitional Constitution the Judiciary matters aren’t conveniently flattened up for reasons best known to the writers of that constitution. But in this current text, terms are to be spelt out more clearly so to get rid of ambiguity. Deadwoods, people who are ticking 80 years or so, but are still clinging to their benches are to give way to fresh blood.

On the case of the Court of Appeal, the drafters of the constitution must leave no stone unturned. The new constitution must put in place strong references for smooth administration of justice.

Do we need Public Service Commission to gazette names, recruits and appoints civil servants? Yes we do for transparency purposes. The current practice of delegating that job to respective recruiting ministries is susceptible to abuses. May be the constitution needs to empower the current one and not to dissolve it.

How about armed forces, their current Act seems to have so much to do, and it is time to support them

Nine, there is this vague statement that the ‘land belongs to the community’ that must be refined and replace with a clause that would harmonize land distribution or policies. That clause has caused so much confusion in the minds of the people everywhere; something must be done in the current constitution to help people enjoy their rights in this country. The government must be allowed free hand to own and regulate the land on behalf of the people. That is why they’re representative of the people in the central in case there are infringes of rights against the people. But land Policy Act, Land Registration Act as well as Land Court Act are to be developed quickly to help in that area of land discharge and disputes.

Then there is this thing called Appropriation Act, a situation through which the Parliament gives the Treasury the go ahead to spend the approved budget. This is process always come after parliament has already passed the annual budget, and once the budget is passed, it has to go through this Act called Appropriation to make into a law. That means that no any other person whoever that be could to spend beyond what is ‘appropriated’ by the Assembly. In our case that is not followed.

The Treasury, the Presidency and others still violate the law and spend over and above what the law has delineated. In the current constitution it has to be made abundantly clear to all. We write something about our banking rules, about debts, about pension, about contingency or consolidated.

I will return next week or so about other ten concerns things. Your comments, please

Isaiah Abraham lives in Juba; he’s on Isaiah_abraham@yahoo.co.uk

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Mabior nauseated by Kiir’s one-legged government

BY: Tearz Ayuen, JUBA, SEPT. 19/2012;
I am both sad and remorseful that I have to write this piece in response to what some South Sudanese are thinking, saying and writing about the son of Late Dr. John Garang. I am sad because I hate to meddle in issues that are somehow tribal, clan-based, sectional or regional. I am also sad because South Sudanese, both illiterate and literate, men and women or young and old, do not look at the message, but concentrate on the origin of the messenger, of which they base their responses on.

In addition, I am sad not because I am going to take sides on this particular issue but because I really didn’t want to register my name on the list of issues thousands, if not millions, regard as us-against-them.

However, here is a point to keep in mind: I do not know Mabior Garang in person. I don’t know anything about his private life. I am not friends with him. We are not relatives either. And I don’t even intend to create any sort of relationship or friendship with him. In short, I am neither seeking favors from, nor friendship with either Mabior or any member of his immediate, extended or clannish family.

More importantly, I never wished any of Garang’s children get involved in political affairs of South Sudan. I even made fun of them the other day on the social media—Facebook that: If I were Mama Rebecca Nyandeng or John Garang’s son, I’d stay out of politics forever. I would constantly run away from anything political. In fact, I’d buy myself some new pair of Nike athletic shoes and shorts, and always keep them close to me just in case I see politics coming, I’d tighten the laces and outrun the thing.

I have a million reasons as to why but I prefer keeping them to myself.

Anyway, here is the point. Following the publication of the Alan-Mabior interview in which Mabior pointed out a lot of the criticizable weaknesses in President Kiir-led ‘thumb-less’ government, South Sudanese (should I say) of all walks of life digested the message in different ways, depending on ‘educational upbringing,’ birthplace, level of civilized-ness and state of mind.

Many people welcomed the message and cheered him on. Others got angered by the words and began to speak ill of Mabior. They even went extra miles to invade his privacy; that, ooh, Mabior is an alcoholic, ooh, he is irresponsible; all in an attempt to hurt him, and eventually discouraging him from speaking his mind on national matters.

Simon Peter, some citizen who, according to his writing, got annoyed by Mabior’s move wrote on South Sudan Nation.com website: “….they’ve broken your jaws, next time they’ll break your neck! But what you don’t know comrade is that what’s posted isn’t expected from you… Who cares to listen to a drunkard who masters only drinking?”

OMG! What a beautiful way of silencing dissidence!

Simon Peter contradicts himself here. He wonders who cares about the drunkard, forgetting that he himself is the answer to his question. He forgets that he cares much more than anyone else and that’s why Mabior’s utterances made his blood clot. Simon Peter and his crew have also forgotten that no one is perfect. Each and every public figure or, say, a government official, has a ‘smelly’ background, either past or present. But still, they hold public positions. What counts is how he or she delivers, performs, etc.

For example, some of our current leaders indulge themselves in uncouth practices unexpected of them, including having love affairs with young girls. Others are good at habitual drunkenness, stealing, ineptitude, arrogance etc.

And most of our leaders have failed to bring up their children the way they should have. They have no control over them. Some of these children rarely attend classes. They are wild and untameable. They spend a lot of time running around, ‘showing off’ in East African cities and beyond. They go clubbing 24/7, fighting, causing havoc in clubs and almost everywhere they go.

Others even confront traffic police officers for being pulled over yet they are children of ‘big men’ in South Sudan. “You silly cop, are you new in this city or what? Didn’t you see the number plate, CES, uh?” One scolded an officer the other day. Now if the father of such a young man can’t control him, is he fit to govern 8 million people, hold public post? Is he or she worth the leadership?

But we understand and separate their rotten sides from the good sides and continue to adore and respect them as our leaders—good ones. We pray for them every time they fall in. We always converge at Freedom Squares – during public functions, in the scotching sun, with empty stomachs and dry lips – to listen to what they have to say. We give them rounds of applause every time they speak; out of love, we clap our hands and shout out their names even when actually they have said nothing. You can call that unconditional admiration.

Another group even misinterpreted Mabior’s message and labeled him as an opposition against President Kiir. A South Sudanese writer, Ateny Wek, wrote: ”…the eldest son of our late great leader Dr. John Garang de Mabior announced his accidental move to oppose the government of his father’s successor General Salva Kiir Mayardit – a move seen by political experts to have landed a blow on the government of the world’ newest nation….”

Oh boy! Someone is trembling, sweating. I don’t remember any line in the interview that shows Mabior intends to vie for an elective government position. Nor does he say he eyes Kiir’s seat.

Majority of South Sudanese know that Kiir is a weak leader (courtesy of his softness), but Mabior does not and cannot appear in the list of those who could replace him anytime soon. Even if Mabior was to stand against Kiir in a million presidential elections, Kiir would still emerge the winner a million times. The reason being, Mabior lacks the zero point five-kilo leadership experience President Kiir has. So, why panicking?

Mabior-Kiir’s case is simple, and it even gets simpler when one removes the ethnic eyeglasses. Mabior clearly and frequently says that he grew up knowing Salva Kiir as his uncle and he still respects and treats him the same way. They are still a family. All in all, Mabior’s mother is part of the leaning democratic government. Whatever decision Kiir makes, be it good or bad, Mama Nyandeng goes home with her share. But these are national affairs.

Any citizen with a sound mind can say anything about the affairs without having to be an opposition figure so long as he or she presents the criticism correctly.

Look at it this way: when you’re a bad man, who mistreats and batters your wife every single night, and your teen son gets fed up with it and he gets up, with his fists tightened and as hard as steel, says it to your face that you must stop beating his mother lest he shows you his true colors; will you conclude that the son behaved that way because he wants to replace you? That he wants to snatch your wife who happens to be his mother? South Sudanese please!

There is a difference between Deng Athuai and Lam Akol. For Christ’s sake, who cannot notice such a difference with reading glasses off?!

On the other hand, this is 21st century. No more intimidation and harassment of watchdogs. No more killing of truth-sayers. Any leader who cannot deliver and cannot tolerate criticism is unfit for leadership. He or she must pack his belongings and catch a bus home to rear chickens, goats or cows, depending on what part of the country his village is located.

Just like any other young South Sudanese that gets nauseated by Kiir’s ‘one-legged’ government, Mabior is being an activist. He just pointed out why Salva Kiir ‘limps.’ It should not be magnified, misinterpreted, tribalized and used to divide South Sudanese, ‘Bor and Bahr el Ghazal Dinka’ in particular.

It should not be used to endear ourselves to those in power. Salva Kiir is a democratically-elected leader, remember. That means he is open to criticism, especially from those who voted him in. Attacking, in whatever form, those who criticize him is undemocratic and Neanderthal.

Besides, not only is publicizing someone’s privacy – just like what Ateny Wek and Simon Peter did – unprofessional but it is also a deliberate abuse of ‘pen.’ My learned friend, Ngor Deng has lexicalized a word that I believe can describe such a practice. He calls it ‘illiterate literacy.’

Mister Ateny even went on to warn South Sudanese against expecting anything from Mabior: “…he is not even 1000 miles near his father in term of political and academic talent. So, unlike Jesus in the gospel, South Sudanese must not see Mabior as second John Garang in waiting.”

Political and academic talent? Oh really? Since when did highly sophisticated scholastic acquisition begin to matter in South Sudan’s political setting? Among all the government officials, including H.E President of the Republic of South Sudan, Lieutenant General Salva Kiir Mayardit, who is the refined scholar? Who is the professional politician?

The ‘war’ against Mabior shows nothing but fear— deep hidden fear. It indicates that whoever is in the presidency or close to the presidency feels politically insecure because he lacks leadership qualities. He is a weakling. He is vulnerable to downfall, both democratically and militarily. His foundation is so flimsy such that a slight gentle push could send him crumbling.

If the presidency wasn’t so weak, Mabior’s words wouldn’t have caused panic. If Mabior was a drunkard, a good-for-nothing citizen, why speak your lungs out, trying to shoot him down then?

You just made a drunkard a hero. See? Shouldn’t I say one man’s weakness is another man’s strength?

Anti-Corruption Commission: Functions and Effectiveness of its role between the Constitution and the Criminal Procedure

BY: Mut Turuk, JUBA;
The purpose of this article is to answer some legal implications between Anti-Corruption Commission and the Ministry of Justice, and what I call the inconsistency of functions and powers between these two vital government’s institutions. The role of the Commission and the Ministry of Justice in combating corruption is supposed to be directed toward achieving the goals of the Commission.

However, as an observer, it seems that the Commission is in a cold war with the Ministry of Justice on prosecution powers, “who or which institution has a right to prosecute.” The Ministry of Justice through its Department of Public Prosecution (DPP) is exercising such powers in accordance with the Criminal Procedure Act, 2008, while the commission is watching taking only the role of awareness of the public through the media.

On some occasions, the Commission gives unjustified reasons that it had no prosecution powers. Such dilemma definitely will lead us to ask some questions that I believe the ordinary person or the people of South Sudan might ask whenever they hear their President talking of fighting and combating corruption, particularly, the recent statements that some officials were involved in embezzlement of public money worth $4 billion US Dollars.

If such statements are true and correct, what are the grounds of conflict between the Ministry of Justice and Anti-Corruption Commission and what are the pros and cons of such conflict? What is the inconsistency between the provisions of the constitution, the Anti-Corruption Act 2008, as well as the Criminal Procedure 2008, and how can such inconsistency be solved?

What is the role of the Judiciary in fighting corruption in the Country? Before we discuss such questions it has been noted that some officials from the Commission in regard to discharging their powers and functions in term of prosecution powers, always put a blame and point their fingers toward the Ministry of Justice to justify their failing to prosecute corruption cases.

Those who are interested in public issues might have heard such excuses from officials of the commission, saying that the Commission had no power to prosecute. Thus, it is like a person whose hands have been tied over and asked to fight his or her opponent and definitely, he or she would be defeated.

If that is the case, what is the need for the existence of anti-corruption commission when it is not able to prosecute?

An excuse that the Anti-corruption Commission has no prosecution powers has no grounds and it is unjustifiable and unreasonable at the same time. Because such an excuse would have been reasonable and acceptable under the Interim Constitution of 2005 under which the Commission was only given a mandate of investigation and send the final report to the Ministry of Legal Affairs and Constitutional Development by then which is now the Ministry of Justice.

Yet, the questions may be asked how many cases involving corruption have been successfully investigated by the Commission and how many of them have been also successfully prosecuted by the Ministry of Justice under the previous constitution and how many persons are now serving their sentences????

I believe they are big questions that need big answers…!!?

In accordance with Article 144 (b) of the current Transitional Constitution of 2011, it has been spelt out clearly that under article 144 (b), “….. Investigate and prosecute only cases of corruption”. If that is the case, what makes the Commission always complaining of having no prosecutorial powers?

Since the current Constitution was passed and assented to by the President, why the Commission did not file a petition before the Supreme Court requesting the court to declare exercising such prosecution powers by the Ministry of Justice as unconstitutional?

In regard to the Anti-Corruption Commission Act, 2009, some questions may come up. For instance, what is the definition of corrupt act, or in other words, what acts constitute corrupt offenses and what are those corrupt offenses under the Ant-Corruption Commission Act, 2009?

To answer these two questions one would need to read the Anti-Corruption Act of 2009 which is an act of parliament. Merely, in my opinion, it has nothing to do with fighting corruption and it seem that it was intended only for establishment of the Commission and not used as a tool for fighting corruption.

Hence, section 5 of the said Act is only giving a short interpretation of three definitions “advantage, corrupt practices and gratification” and it also refers to corruption sections under the Penal Code Act, 2008. Particularly, under chapter VIII or what the legislators termed as offenses by or relating to public servant.

This law which is meant to be used as a tool for fighting corruption in our Country is redundant. Yet, it was only designed and drafted for establishment of the Commission.

Therefore, I would like to strongly appeal to our government and particularly the parliament to enact a new and strong legislation that can be more effective to be used for fighting corruption. That is the way for us to learn from other countries’ experiences for fighting, eradication or minimizing of corruption; this appeal goes to the parliament.

Certainly, it clear that we don’t have effective law in place and therefore, our parliament must make sure that an effective law is enacted for fighting such disease called corruption. In that matter, it very vital that the parliament should be reminded that it is under obligation to protect the public monies by making effective laws that can be implemented by the Executive through the judiciary so that suspects are not escaping from justice.

With our current situation, the Anti-Corruption Commission has power to prosecute, pursuant to what I previously mentioned under Article 144 (b) of the Constitution. If any inconsistencies arise between provisions of any law in force and the Constitution, it the principle that the provisions of the Constitution prevail to the extent of such inconsistency.

Therefore, the commission has no excuse if it is willing to prosecute even if such prosecutions powers are mentioned under the Code of Criminal Procedure Act, 2008. Merely, that for an act to be an offense a substantial law must define such act that constitute an offense and a procedural law will define proceedings under which the action would be taken until the final verdict is reached by the competent court.

Therefore, I believe it is not a practice to have a special law for procedure under which the corruption offenses should be conducted by the Commission. The Commission should seek ruling of unconstitutionality of some relating provisions of the Criminal Procedure Act that are inconsistent with the Constitution.

Otherwise, the Commission should exercise its prosecution powers without waiting for what they are demanding to be “a special corruption criminal procedure”. Thus, anti-corruption commission should start recruiting legal personnel and equip them with necessary prosecution skills to prosecute all corruption offenses throughout the Country.

It must seize the opportunity of what we may call a political will from the government and particularly Mr. President for his backing for combating corruption.

For expeditious trying of cases of corruption, the Judiciary must establish a Corruption Division Court as a specialized court for trying cases of corruption. This Division should be headed by a high court judge accompanied with number of judges who are specially trained on how to expedite the process of trying corruption offense with integrity that may allow them to apply the law without fear or favor, and with the principle of equality before the court of law regardless of suspect’s status whether of being a government official or their social status or other categories.

As the Commission is now struggling or preparing to table a bill before the parliament that might meet the public expectations to the international standards of drafting effective corruption law, one would like to have some contributions in that proposed bill in terms of technical aspect of drafting of the bill; such proposed contributions might assist us to produce the bill that may meet the minimum international standards of drafting such legislation.

For instance, it is supposed to start with leading provisions and that is what is known in drafting as long title beside short title of the bill. The long title should be to provide for the more effectual prevention of corruption, clear definition of acts that constitute corruption, what are the corrupt transactions with agents, corrupt a procuring withdrawal of tenders, bribery of member of public body, what is the penalty to be imposed in addition to any other punishment, how a principal may recover amount of secret gift, acceptor of gratification to be guilty notwithstanding that purpose not carried out, etc, presumption of corruption in certain cases for example when it approved that any gratification has been paid or given to or received by a person employed by a public body, by or from a person or agent of a person who has or seeks to have any dealing with public body.

In that regard, such gratification case should be deemed to have been paid or given and received corruptly and an inducement or reward unless the contrary is proved.

ADMISSION OF EVIDENCE IN TRIAL
In a stage of trial, the fact that an accused person is in possession for which he or she cannot satisfactorily account of pecuniary resources or property disproportionate to his or her known sources of income, or that he or she had, at or about the time of the alleged offense should be considered by the court as evidence of pecuniary sources or property.

Evidence of accomplice, such evidence should not be regarded by the court as being unworthy of credit.

SPECIAL POWERS OF INVESTIGATION TO DPP
To have effectual fight special powers of investigation must be given to the Director of Public Prosecution as an exception in some cases where the Commission may not be able to have its own prosecutors or if satisfied that there are reasonable grounds for suspecting that an offence under such proposed bill has been committed by any person.

The court also must have power to restrict disposal of assets or bank accounts of accused, etc,. Payment of compensation out of resources of convicted person must be provided. The proposed bill must also provide powers of orders of search and seizure to the commission, DPP or judge of 1st grade, as the case may be, particularly where the commission may not be able to provide its prosecutors.

DUTY TO PROVIDE INFORMATION
Giving information whenever requested whether by a police or special investigator must be provided by the bill as obligation and legally bound, penalty must be provided by the bill where any person makes an obstruction of search, etc, as well as powers to obtain information in the course of any investigation or proceedings into or relating to an offence by any person employed by any public body.

DEFENCE OF CUSTOM
The bill should consider evidence and defence of custom as inadmissible in regard to gratification given a customary, any profession, trade, vocation, or calling or in the course of any particular business transactions.

DUTY TO ARREST
The bill must provide duty to arrest any person employed by a public body to whom any gratification is corruptly given or offer to arrest the person who gives or offers the gratification to him or her and take over the person so arrested to the nearest police station. However, failing to do so without reasonable excuses the bill should provide that such person be held criminally responsible.

PROTECTION OF INFORMERS
Any successful fight to prevent corruption needs to have a good network of informer. Therefore, the bill must provide provisions for protection of informer as well as penalty for giving false information respectively.

DISQUALIFICATION AND PROTECTION OF PERSONS ACTING PURSUANT TO THE BILL
To give an additional for long term punishment even when a convicted person is released after servicing his or her sentence in prison, such person should be disqualified to hold any office for period not less than ten years in or under a public office as well as providing a strong protection of persons acting in pursuant of such proposed bill should provide for provisions for invalidity of appointment as bar for prosecution.

In other words, if somebody is appointed wrongly in a public body he or she should be barred from being prosecuted if he or she commits an offence under such proposed bill. The bill also should provide very clear provisions to spell out prosecution powers of offences and it would be very much better that such prosecution powers be given to both Commission and Director of Public Prosecutor in regard to where it may be appropriate to such two institutions.

The bill also should provide powers to the Chairperson of the Commission powers to appoint special investigators whenever desirable for the purpose of any investigation if such investigator possesses any necessary special skill or experience to be a special investigator.

To avoid any doubt or ambiguity in term of exercising powers under such bill, the bill should provide provisions the prosecutions powers should be vested upon the chairperson of the Commission and his or her power, duty, or function conferred or imposed by such bill should be executed by his or her deputy.

JURISDICTION
As the bill is dealing with special and serious offence that are affecting the public, the bill should spell out that the jurisdiction to try offences under such proposed bill to be exercised by High Court or County Court of 1st grade judge.

Finally, the short title or citation of the proposed bill is supposed to be “The Prevention of Corruption Bill, 2012.”

*Mut Turuk is an advocate based in Juba and he can be reached through mutturuk77@yahoo.com


Forwarded to site by Mr. Beny Gideon Mabor,
Tel:+211955812788/+211928879891

Conflict may hurt Juba’s bid to join East African Community

By GALGALLO FAYO, Business Daily, NAIROBI, KENYA;
Posted September 18/2012

In Summary

*An applicant must also demonstrate the potential to contribute to the integration in the bloc.
*South Sudan is facing US dollar shortage and has restricted the volume of transactions, affecting trade.
*South Sudan loses about $1 billion a year in hard currency to neighbouring Kenya and Uganda through remittances, informal trade and imports of goods

A volatile currency and rampant insecurity could hurt South Sudan’s bid to join the East African Community (EAC) bloc.

The country, which seceded from Sudan last year under a 2005 peace deal, hopes to tap into the potential of the EAC common market, which has 133 million people.

Sporadic cases of violent conflict between Juba and Khartoum over oil export deal and border disputes threatens this dream.

The dispute led the south to halt oil exports through Sudan erasing its main source of hard currency, leading to serious instability in its import and export trade.

The oil shutdown wiped about 98 per cent of the landlocked nation’s state revenues. It has almost no other industries apart from oil after decades of civil war with Sudan.

“There are some issues within the treaty that they must conform to, there are certain conditions they have not met, we are negotiating with them,” EAC Affairs minister Musa Sirma said. “A country must be stable, a country must have free economy based on good business culture.”

According to Article 3 of the EAC Treaty, parties seeking membership of the bloc must adhere to universally acceptable principles of good governance, democracy, the rule of law, observance of human right s and social justice.

An applicant must also demonstrate the potential to contribute to the integration in the bloc.

Besides, a State is obligated to prove that it has the capacity to establish and maintain a market driven economy and policies that are compatible with those of the EAC.

Mr Sirma said South Sudan is facing US dollar shortage and has restricted the volume of transactions, affecting trade.

South Sudanese Commerce minister Garang Diing Akuong was quoted by Reuters as having said that the country aims to seal a $200 million credit line from an international bank within three months to cover imports and bolster the local currency.

South Sudan loses about $1 billion a year in hard currency to neighbouring Kenya and Uganda through remittances, informal trade and imports of goods as diverse as medicine, cement, clothes, furniture and food, he told the news agency.

Press Release: Condemnation letter: On Appointment of unconstitutional mayor of Malakal Township by Gov. Simon Kun Puoch

SEPT. 3/2012, SSN; Governor Simon Kun Puoch has denied Chollo participation in matters that concern their lives; the governor’s policies have become a direct threat to Chollo physical existence.
We call upon all Chollo, political leaders, intellectuals, civil societies, and the kingdom authorities to speak out and strongly support the Chollo intellectuals’ recent stand against Simon Kun Puoch illegal decisions and also to support the vigilant stand of honorable Juliana Nyawello Dak Padiet and his colleagues who have walked out from the Upper Nile Legislative Assembly in boycott of the illegal creation of Malakal City Council and appointment of a Mayor of the City of Malakal.
We support the efforts of the Honorable Santino Ajang in mobilizing the Chollo communities to stop Governor Simon Kun Puoch threats against the Chollo Kingdom.
Governor Simon Kun Puoch is inciting the rift between Upper Nile communities to build his own political utopian kingdom relaying on his own personal militia.
Chollo Global Action (CGA) calls upon all the Upper Nile communities to reject this divide-and-rule politics which will further destabilize the state and might lead to tribal genocides.
It is clear that Governor Simon Kun Puoch is following the path of some of his predecessors who have worked to destroy the Chollo Kingdom.
CGA condemns the encroachment of the Jongeli State into Panyikang County, the encroachment of Akoka County into Fashoda County and the encroachment of Melut County into Manyo County.
Similarly, Chollo hold President Kiir’s government responsibly and accountable for failing to act to resolve the land disputes between Chollo and Dinka communities and Chollo will not make any concession to those who want to occupy their ancestral land.
Malakal is the heart of the Chollo Kingdom and a vital part of Makal County. We support the commissioner of Makal County in his strong defense of the county and his rejection of Governor Simon Puochs decision creating an illegal Malakal City Council without national, state and local government constitutional provisions.
CGA condemned Governor Simon Kun Puoch’s action by appointing an unlawful mayor and creation of Malakal City Council in the Upper Nile state. This is a clear violation of provision of national, states and local government constitutions Act 2009.
Governor Simon Kun Puoch should know that his action will undermine the peaceful coexistence within the state of Upper Nile and he must and should abolish this illegal action.
The creation of Malakal City council is illegal and unacceptable which will create conflict among the citizens of Upper Nile state. Malakal is the capital of Upper Nile state and formally known as Upper Nile Province based on historical records and facts originates its name from Makal, which is the Chollo village.
Governor Puoch has decided to violate both national and states provisions by creating and establishing the Malakal City Council without any warrant of endorsement from the President Kiir.
As we all know that Makal County Council is created and established by the order No. 003/10/2004 issued by late Cdr. Dr. John Garang De Mabior, Chairman and Commander -in- Chief, SPLM/A dated 16th October 2004.
As citizens of Upper Nile States , we ask the Governor Simon Kun Puoch to revise his decision for the interest of citizens of Upper State and Makal County.
We warn those who seek to create a false reality and a way to drive the Chollo to leave their ancestral homes on the east bank.
For the sake of peaceful coexistence within the state of Upper Nile, we ask Governor Simon Kun to abolish the creation of illegal Malakal City Council.
We also urge the Governor Simon Kun to resolved other areas in Chollo Kingdom such as Akoka, Atar Ardeb, Obang, Ogod, Wic Nyiral Lul and Athidhang which have been occupied under his watch and his predecessor former Governor Gatlwak Deng on Chollo ground.
Chollo Global Action, CGA is a nonprofit organization that works to promote human rights in South Sudan and protect the interest of the Shilluk Kingdom. If you would like more information about this topic, or would want to schedule an interview with CGA, please contact us by Tel or Email CGA at the following contacts.
Olany Amum Lueth
907-317-3871
info@colloga.org
olanyi@gmail.com
————————————————————————————-
Press Statement by the Leader of Minority in Upper Nile State Legislative Assembly on;

The Farcical statement made by Upper Nile Governor in Juba.

AUG. 25/2012, SSN; Governor of Upper Nile State, Simon Kun Puoch Mar, beamed on SSTV on Saturday August 18th 2012 on his arrival at Juba airport from Malakal, same shameless statement which was published in the Citizen news paper the following morning on first page that, quote, “SPLA Captures SPLM-DC Militiamen in Upper Nile”.

The crux of the matter is retaliation against the SPLM-DC party members’ walk out from the Legislative Assembly of Upper Nile State for refusing to accord audience to illegally appointed constitutional-snare Mayor for Malakal town council by the governor.

The Governor had been hoarding copies of the state’s constitution hidden in his custody since it has been reviewed and passed by national ministry of legal affairs and constitutional development in Juba several months ago.

The constitution was only made available to the parliament only 48 hours before the summon of the Mayor to the parliament. When it became crystal clear that the Mayor had no constitutional being, to appear before and address the parliament, the leader of minority in Upper Nile State Legislative Assembly, protested as a matter of procedure.
However, the deputy speaker overruled and offered the opposition either of two choices i.e. either he must sit down and precede with the appearance of the Mayor or to leave the room. The leader of the opposition opted for choice of the constitutional provisions and walked out. He was immediately joined by SPLM-DC members in the walk-out.

Simon Kun Puoch Mar is above the constitution in Upper Nile State, and can not entertain any opposition from whoever. Least of all the SPLM-DC party. The delayed distribution of the constitution copies to the MPs was a tactic to keep them in the dark in the hope of illegal confirmation of the city Mayor position which is not in the constitution, along with others as the ministry of legal affairs and the ministry of trade and investment. The opposition in the parliament is the vanguard against any unconstitutional practices fostered by the governor in the state.

The SPLM-DC has nothing to do with what happened in Renk county carried out by known commanders of insurgency in the area under the command of Maj. General Mohamed Chol El Haamer, Maj. General James Gai Yoach, Maj. General James Thiel.
The accusation by Simon Kun Puoch Mar comes as no surprise to many people of Upper Nile State, because when he is in difficulties in the state, he rationalizes by smearing the name of SPLM-DC as the escape goat, to appease his superiors as to avert the attention of the public from real issues like the bad health and education where there are no drugs and overcrowded classes of two hundred pupils who never attend classes on rainy days and poorly paid teachers.

Prevention of the commissioner of Makal county to celebrate the nations’ independence in Malakal town, ordering him to celebrate across the river at Lelo Payam, is one part of this plot to hand over the county to an illegally appointed Mayor.
The refusal of Makal county commissioner to give-up the town of Malakal and opposition walk-out of the parliament had triggered anger in the governor who feels better when regarded being above the law.
Where are the 15 captured militia men affiliated to the SPLM-DC? But they could pay any persons to impersonate the alleged militiamen, if the investigation is not carried out by an independent court of competence.

Hon. Juliano Nyawello Dak Padiet

Leader of Minority Upper Nile Legislative Assembly.

Malakal

Disclaimer: The views expressed above are solely those of the author(s) and do not represent those of the website.

South Sudanese rapper Emmanuel Jal says police beat him

BY: Alan Boswell, McClatchy, USA
“They asked him if he was Nuer, and he said yes. Five police officers then began beating him, as perhaps as many as 15 other security personnel stood watching, Jal said.”
SEPT. 11/2012, NAIROBI, Kenya — South Sudanese hip-hop artist Emmanuel Jal, a global peace activist who’s the subject of the book and movie “War Child,” said Monday that he was brutally beaten and knocked unconscious over the weekend by police in South Sudan’s capital, Juba, as he was planning a peace concert.
“I still have a headache. My left side has been numb since yesterday. I can’t feel anything on my left side,” Jal, who said he was out of the hospital recovering from his injuries, told McClatchy in a telephone interview.
The rapper said the beating occurred when he was going home after a late planning session for the upcoming show when he got lost and stopped to ask directions from a group of police officers. They told him to get out of the car and started harassing him.
“They said, ’You are drunk. How can you not know your way?’ They didn’t understand how someone could be asking directions,” he said. Most of the police were of South Sudan’s dominant Dinka tribe. They asked him if he was Nuer, and he said yes.
Five police officers then began beating him, as perhaps as many as 15 other security personnel stood watching, Jal said. One of the officers took his phone, Jal said. He said he eventually lost consciousness.
Jal, who maintains residences in Britain and Canada, is one of South Sudan’s best-known citizens. His story of surviving his country’s brutal war against the Sudanese government, first as a refugee and then as a child soldier for the rebels, has touched millions.
The rapper escaped the war after he was adopted by then-guerrilla and now-Vice President Riek Machar’s British wife, Emma McCune, who later died in Nairobi in a car accident.
Jal said Machar called him Sunday evening after he heard about the incident. Machar’s press secretary said he didn’t have details of the call. South Sudan’s government spokesperson, Barnaba Marial Benjamin, couldn’t be reached by phone for comment.
For two years, Jal ate just one meal a day to raise money to build a rural school. He’s known for writing a rap song addressed to the artist 50 Cent, complaining about his promotion of street violence. Recently, Jal released a pro-peace music video that features former President Jimmy Carter, actor George Clooney, musician Ringo Starr and others.
The reported assault highlights a major challenge facing South Sudan, where the vast security service is populated by former rebels and militia members whose training for police activities is lacking. Like Jal, many have been under arms since they were teenagers, or younger, and they lack any sort of education.
Incidents such as what happened to Jal “are no longer shocking to a lot of people in South Sudan,” said Jok Madut Jok, South Sudan’s undersecretary of culture, who’s said that he himself was tortured in December during a visit to the city of Wau, the capital of his home region. “This is happening to so many people every day across the country from the hands of the men and women in uniform.”
Jok said he’d suffered a concussion from the unprovoked attack. He said he’d never received an apology for the incident, which he wrote about publicly several days later in scalding detail: “As I was seated on the floor, being interrogated, several drunken soldiers, the ones ’protecting’ our leader, kept interrupting their officer with really disorderly behavior, and instead of the officer reprimanding them, he told me ‘You see, they may be drunk, but that is how we liberated this country,’ Jok wrote at the time. “Liberators? To what end?”
He said growing pains within the country’s security services were in some ways inevitable, given the country’s violent history, but that they were aggravated by a culture of impunity within the armed forces.
“Nothing happened. They were let go,” he said of the soldiers in his own situation.
“There are no law books for them to read. And if there were law books, they couldn’t read them because they are illiterate,” Jok said.
As for Jal, the musician said his peace concert later this month will go on as planned. He said he remained optimistic about his nation and found a ray of hope in one of the police officers yelling, “Don’t beat him,” as he was repeatedly struck.
“We are just out of war. South Sudan is like a newborn baby. And I believe it is going to grow,” Jal said.
He said the authorities told him they were still looking for those responsible.
Jal’s new album, “See Me Mama,” will be released later this month.

Boswell is a McClatchy special correspondent. His reporting is underwritten in part by a grant from Humanity United, a California-based foundation that focuses on human rights.

Disclaimer: The views expressed above are solely those of the author(s) and do not represent those of the website.

Pres. Kiir won’t be re-elected again: Reply to Ateny Wek

BY: Isaiah Abraham, SSN; Mr. Ateny Wek Ateny, a columnist with the Citizen Newspaper, Juba, wrote a spirited piece challenging Mr. Mabior Garang Mabior, the son of the founding father of this nation about the later expression of dissatisfaction with the current state of affairs. Mr. Ateny called Mr. Garang junior names including that of a ‘prodigal’ son. He fumed and argued until he gets to why this author couldn’t take it anymore.
I have just picked three enigmatic lines from his article written on Citizen Newspaper dated September 4th 2012, Vol. 7, Issue No. 234. One line reads thus: “Garang boys still control everything…”.
Before we argue much as to why such a statement is terrible and uncalled for, allow me to briefly rehearse key words from Alan Boswell of the McClatchy Newspaper publicized interview with Garang junior. Mr. Garang Junior was reported to have said that the government is doing little on corruption drive/ fight and that the current leadership has abandoned the path charted forward by his father.
He was also quoted to have sought the need for intervention or a change through the people and not through the army. Lastly Mr. Garang quizzed and squared Mr. Kiir’s security against him, and for the death of a Kenyan worker on a bus related to Mama Rebecca Nyandeng, the mother of Mabior Garang Mabior.
As natural as everything else, opinions are subject to different interpretations; each of us will slice part of Garang’s argument differently. Some might not agree with his alleged statements, but others will go extra mile personal or political. To this group they will think that it will be too much from the mouth of a young man whose father and Kiir are somewhat one and the same thing. The two in fact are joined at the hip; the two started the journey together and are respected by many. I don’t know whether my colleague Ateny Wek was right to jump to such an aggressive position.
Ateny falls in the category of the people who sees Garang and Kiir differently. To Ateng, Garang isn’t Kiir and the opposite is true. I agree. In fact the majority of Kiir home boys are pushing hard to anoint Kiir anywhere at the expense of Garang, but Mr. Kiir has kept away from such a school, at least publicly. That is another argument another day, but the extension of that argument has spilled over to this topic, and I shall reference it as we go along.
Anyway, we still have a long way to go given our patronage tendencies and allegiance that must not be wished away overnight. The strings are being pulled and normally it goes that way until at a certain time when the chicken comes home to roast.
To this author it will be callous for anyone to disrepute either; both are important leaders of our time. Kiir himself can’t accept that his colleague be treated that way, and I gave him the credit for not poking his neck anywhere to claim superiority over his brother John Garang.
Garang and Kiir are birds of the same feathers; they come a long way together and are still even together; I must repeat myself. It is the death that has separated the two leaders. I don’t think it is fair for the young man from Aweil to try to go between the two. Thus the two shared failures and successes of the SPLM. If SPLM is rotten under Kiir, the excuse shouldn’t be roundly shouldered by him, but he also has a role to play to correct whatever Garang didn’t do well.
Garang boys vs Kiir boys
Now let’s look briefly the sentence above, “Garang boys are still controlling everything”, especially  the word ‘still’. To me Mr. Ateny wasn’t sure why ‘Garang boys’ are allowed to continue to ‘control’ things at Kiir’s time. To him, the ‘boy’s reign should have been gone with the late leader. That is his opinion and I don’t have to argue much, but I now doubt his girth about anything. I will fear now his judgment and reasoning, the very person I thought he won’t be subjective.
Many Dinka are like that! They are horrible when it comes to us vs them.
But also the two words: ‘Garang boys’ has a connotation. Mr. Ateny carefully used these two words consciously and hence my contention. His choice of these words didn’t just come out while he was writing his pejorative piece, the man had earlier consulted his conscience and concluded that for him to raise the bar, he must dredge something up to settle a score against people whom he sees as anti-Kiir.
Remember we have been hearing these maundering statements every now and then, specifically during Kiir ascension to power; it was from people who are interested in separating Kiir from Garang. Please Ateny, there were/are Garang boys vs Kiir boys, Kiir himself was one the boys under Garang. But Kiir and whoever else are leaders on their own right, and we must respect them, and not to insult them.
“SPLM rooted in the way it was designed”
I find the second enigmatic statement from Ateny so offensive; It partly reads like this: “ the culture of the SPLM rooted in the way it was designed. If Mabior sees the failure of the SPLM led government, which is systemic with its fluctuating political culture from communist to capitalist”
The composition of this passage was wrong, the intent was also wrong as does the phrasing. If the culture of the SPLM was faulty, then what does that got to do with Mabior reminding you and me about them?
You one moment attempt to say failure and just try to push to someone else, yet in another split second you put a blanket on the face of Mabior. If there are failures from that time to date, because of that ‘design,’ who has stopped Kiir from correcting the wrong ‘design’? How about changing ideology from communist to capitalism, what relevance are we attaching into our affairs at the moment?
If Mr. Ateny intention was to charge Garang of having erected a wrong foundation, then his attempt to exonerate Kiir is off the mark. Corruption, mismanagement and lack of vision aren’t ideological, but methodological or means under poor governance.
Therefore, it is just unfair to try to gag Garang junior because he is the son of Dr. John Garang. Mr. Mabior openness is good for us all; this is self criticism and shouldn’t be thrown out of the window. After all he is a South Sudanese like everyone else in this land, and has every right to express himself. If he says things aren’t going people’s way, who is this Ateny to say that they are?
Majority of our people are dissatisfied, save for a few around the corridors of power. What will he say about Kiir hands in glove in tackling of corrupt practices in his government? Is that not a concern? I think it is so! To me there is a huge concern and a weakness from the top man in our land. He must do things differently to prove to many his worth being there.
People might conclude that by being indifferent and indecisive perhaps he’s is one of the corrupt people in the land.
Second, Mr. Garang has voiced what we all know; this isn’t secret anymore. There is total leadership deficit and this must be corrected next year during party Convention. There are manageable crisis such as insecurity in some parts of the country, and then food insecurity, lack of infrastructures or services as well as the diplomatic dirt for not being proactive and visional. The list however goes on.
The so-called post outstanding differences between the Sudan and South Sudan are by products of our failure to appreciate situations before they actually occur. The government acts haphazardly and impromptu and not on a laid out one, two and three strategic plans. No guidance, no supervision and no evaluation, and thereby no nothing. That is exactly what Mr. Garang Junior lamented about.
We must not bury our heads in fear because the security people will torture us, people of this land are to be free from ineptitude and poor guidance from Kiir camp.
Garang was an undisputed leader
Ateny, if Garang was alive we won’t have been at this state, I must say this with certitude! That man was gifted, he knew what step to take, why to take and what it would take to take it. Of course he wasn’t god, but his developmental agenda fits our fertile grounds. May be you don’t know him, and only heard from FORUM instigative and negative onslaught against him in London.
Of course we know the turncoats that are becoming hard cores and inner circles of the system currently in Juba. Time is coming when you will be accounted for the mess you have done against the people of this country. South Sudan can’t be led like that and someone can’t step up to hush anyone.
Garang junior wasn’t whistleblower but truth teller — change is inevitable
The third enigmatic statement from Mr. Ateny Wek Ateny on his dying line goes like this: “the prodigal son of the former leader is a whistleblower for something yet designed to come”. Mr. Ateny, Mr. Mabior wasn’t a whistleblower about any impending coup d’etat or anything similar to that school.
Look, no one will remove President Kiir through any violent means. He is an elected leader and our people are law abiding ones. The army you see are disciplined; they were brought up by reasonable man. Kiir will be president until election time in 2015, be assured of that. But take this from this little author; Mr. Kiir will not be the president of this republic beyond 2015. I will tell you why.
The man has lost his base, and has since resigned to that situation. He still holds on the skeleton anyway, but the reality is that the SPLM, which should have been his very base, is infiltrated and not anymore standing united the way we came in-2005. The true cadres of the party have no courage to market Kiir the same way they did it few years ago. They aren’t closer to where the national matters are discussed. Some people have already found their way, and are running the show.
But to be exact, the trouble started when Kiir formed his first cabinet after election in 2010. The party should have been on the fore front to nominate who should be the Minister, Deputy Minister, Undersecretary and so on. Mr. Kiir sat in his villa house in Juba and called his two men (Machar and Wani) and the trio divided the seats among their cronies from their respective three regions.
This has alienated so many able people. You see, the party regionalized its own regional slots and not the executive. Executive is about specialists, a group of people with specific and technical knowhow.
The Magayas, the Agnes of the NCP and the Bettys and the likes shouldn’t have been in the Cabinet in the first place. Their political backgrounds are murkier and darker than one could imagine.
Can anyone dream of appointing turncoats, straight to the heart of the system, as if SPLM has no men/women from the bush who could run the government? If we had managed then to run the movement for many years without anything and under difficult challenges circumstances, how about now when we have everything in place to manage things?
Gen. Obote could have been the right man in Interior not the Magaya if the position was reserved for the Equatorians.
Return Awut to the Council of Ministers
I seize this opportunity to request His Excellency the President to return Ms Awut Deng Achuil to the Cabinet. Madame Awut is an achiever and shouldn’t be left in the cool. His problem was busybodies in the Council of Ministers who were denied ghost names in payrolls. She a fighter, has a character and not corrupt. Please sir, make use of this lady talent; don’t listen to lies, overturn her resignation letter and reappoint her in another production ministry such as Commerce.
Kiir consultation is limited
Kiir had no time consulting his party secretariat on serious national decisions. Yes once the president is elected he ceases becoming partisan, but policies are always generated by the party. The party initiates and forms any part of his move. Our President casually connects with his party and that shouldn’t be the case. He made all his big decision around Council of Ministers and in his house.
Take for example the shut down of the oil production; the decision was made elsewhere or by a few without careful study about its economic repercussions. Literally experts weren’t consulted and here we are in an economic quagmire, whom do we blame? Of course the Chief Executive who felt short of making use of his base.
People thought there are plans after that, but to date they are in distant future or in pipe dream/nowhere. The President and his small kitchen cabinet emotionally made so many decisions on behalf of everyone else, even that of a party. Though the decision to shut down oil production has become a blessing in disguise, it wasn’t carefully thought out.
Dr. Garang won’t have reached this stage if he was there, and that is exactly what the young Garang was trying to say.
Kiir will not be re-elected again
Mr. Ateny must be reminded that Kiir re-election bid will be a daunting task. If it happens it will be with a price. In essence the party will divide into pieces. Some people are quiet now because time hasn’t yet come, but once that time arrives, you will hear power struggle issue come up everywhere; that is if Kiir insists of running again for another term.
If he cares for the party will have to give others the chance. The SPLM Chairman is walking under tight rope, very exposed and must be left to retire. Dr. Machar is angling and will not wait longer until 2020. Then he will be 68 years, an age bracket not suitable for this generation. I love him!
However these days there is a charge by Central Equatoria City Council against him that he has grabbed large chunk of land around Juba town.
If proven true then that is bad precedent for the top man to do just that. Another concern is his laissez faire type of leadership. I’m not sure whether South Sudan is ripe enough for that kind of a style. To me they will finish themselves off one by one, and there comes a failed state.
This is a Third world country, someone will have to lead using carrots, brooms and sticks at times to guide and correct. Dr. Machar if elected must be asked to abandon his federation project. It is too earlier to go federal; some governments can declare their independence in parliament or put difficult bumps for anyone to check their activities.
Unity and the Promised Land
I hear elsewhere that Mr. Ateny erroneously beat a confidence chord that Mr. Kiir will be elected president for few more years, because he has united the people of South Sudan and had actually brought about independence of the country. He even called ‘father of the nation’. Well, Ateny shouldn’t be carried out. We all know his achievement and everyone is proud of him being there. Everyone appreciates our leader patience and humility in the face of problems, but you are overstated things for undue credit. Kiir is the first president of the Republic of South Sudan period, nothing will erase this accolade for anytime to come, but to call him ‘father of the nation’ is wild claim, naivety, and disparagingly insulting. I will leave it that way!
Unity of South Sudan is faulty
Mr. Ateny, we are not yet united, we are not near there; instead we are closer to polarization. In which way did he unite the people of this republic? His unity with militiamen in 2006 and in between was bound to happen regardless and irrespective of who/what approach he uses; they had no choice after the CPA was signed. What we now see as unity is faulty, it is on sand and likely to crumble anytime. Mr. Mabior didn’t mention it, but this is my generalization about Kiir’s poor records.
True, sharing of national cake is one of the elements that brings about unity, but that is ephemeral in substance and in nature. Representation is materialist, unrealistic and can’t bring the real unity. That arrangement isn’t sustainable and lasts for a short period of time. The unity we truly yearn for therefore is the very one that would be in our minds.
Today we have a government with all faces in it, but still we didn’t reach the unity of our people. The question is why? Unity goes beyond inclusiveness, it has to be in our behavior towards one another. Someone does it in Rwanda and in few centuries to come, the issue of Tutsi vs Hutu will be history.
If we are united we won’t have people running away from one another-federation quest or people crying for autonomous. We would have been comfortable with who comes to power, provided that he/she delivers.
I still hope that time will come when we shall a Juba Commissioner from Murle, or a Toposa becoming a governor in Upper Nile State. I long for a situation where our people shall embrace one another and not in lens of tribes, classes or groups.  Kiir didn’t do enough there, and will leave it that way.  
On the journey to the Promised Land, no single person can brag about having brought us freedom. Even Garang with all his extraordinary efforts couldn’t say he had singlehanded freed this country. But also under the CPA foundation it was possible for anyone to bring people out of the bondage.
That agreement was too grounded on rocks. Kiir had even failed to use it properly. He has been reclusive and never stayed longer in the presidency in Khartoum. He shied from making himself heard. The today issues such as the Disputed Areas or the problem in two areas of South Korfofan and Blue Nile would have been heard. People were surprised when Panthou became a disputed land.
Mr. Ateny must not make mistake that Mabior family is jealous about Kiir’s presidency. Dr. John Garang’s family is hardworking and are working for their self-reliance. Mama Rebecca is a tough lady; they are building their own lives like everyone else and this is encouraging.
The young Garang moreover has been careful, quiet and his timing is right. If he isn’t talking who will voice the concern of the people of this republic? We must be tolerant and allow constructive criticism.
This author is an SPLM member and has no reason not to say things the way they are. I love this party, I love my president and our big brother John Garang de Mabior, and many more who participated in the struggle of the people of South Sudan.  
The SPLM is dying and unless the Chairman listens to voices of Garang Junior and others, he will kiss the ground in shame. The best way to go is to take serious the recommendations by the Committees he had formed, then peacefully give way to others to try it. No third option.
Isaiah Abraham lives in Juba; he’s on Isaiah_abraham@yahoo.co.uk JUBA
SEPT. 8/2012

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The unfortunate death of Garang and its implication on South Sudan

BY: ElHag Paul, RSS
The malaise going on in GoSS more and more has something to do with the manner in which South Sudan lost Dr Garang in 2005. The closure to Garang’s death was inconclusive especially given the fact that the circumstance of his death has not been explained Read more →