Category: More Views

IGAD & Troika’s Absence of Sagacity to shepherd Peace Agreement in South Sudan is unaccommodating & dire

A Letter to: H. E. Hailemariam Dessalegn, the Prime Minister of the Federal Democratic Republic of Ethiopia and Chairman of the IGAD,
Addis Ababa,
Date: 22 November, 2015, SSN;

Your Excellency,
It is indisputably a regrettable development that the peace rapprochement arrived at between the government of South Sudan and the SPLM–IO after so much drudgery exerted by members of the international community would likely collapse sooner than later.

It increasingly appears unlikely that the realisation of peace would ever be accomplished in view of the inactivity and imperturbable disposition of IGAD and the Troika group specifically in the face of the recent blatant breach of the Peace Agreement by the government of South Sudan represented in the creation of the 28 states in the country.

Your Excellency,
For the benefit of executing the Peace Agreement between Government of South Sudan and the SPLM-IO, the following points could probably assist in this regard:

1. The IGAD and Troika, apart from expressing mere reservation about the illegal move adopted by the regime in South Sudan, have never expressly cautioned President Kiir about the unconstitutionality and inoperability of his order number 36/2015 that created the 28 states in the country from the licit 10 states enshrined in the interim constitution of the country. It is essential to note that the creation of the 28 states in South Sudan is the handiwork of a tribally constituted assemblage known as the Jeng Council of Elders (JCE) – the de facto Parliament of South Sudan and handed over the final draft to President Kiir to formally proclaim to the nation. Worringly, the 28 states was designed with dual sadistic intent as follows:

i) To create machinations and consequently violence and ethnic cleansing among the other 63 tribes in South Sudan and prepare the ground for a tribal hegemony in South Sudan. The case of the former Tutsi ethnic group in Rwanda before 1994 is nevertheless ripe;
ii) To execute consistent land-grab policy, particularly from the Shilluk tribe in Upper Nile state, as illustrated in the new map of the country.
Such intrigues and fascistic philosophies must be exposed and prevented from being realised in South Sudan if the country must attain peace and prosperity.

Your Excellency,
2. In this regard, the SPLM-IO would certainly not be expected to relocate to Juba and form a government of national unity with President Kiir when the latter has already decreed the establishment of 28 states and which has significantly impacted undesirably on the recognized power sharing format among the pertinent parties. Changing the goal post in the middle of the game would emphatically cause altercation and instability. Hence IGAD and Troika must address this issue promptly to prevent the resurgence of conflict and bloodshed in the country.

3. The claim of the withdrawal of the UPDF troops from South Sudan has never been verified by IGAD’s monitoring team and every concerned party would like to know whether or not the UPDF troops have been pulled out from the country, albeit Uganda and South Sudan have both declared that the withdrawal has been accomplished. IGAD and the Troika should constitute a team to establish the fact on the ground. Not doing so would amount to an apparent absence of Sagacity in shepherding the realisation of Peace in South Sudan and that could derail the Peace Agreement with a potential for further renewed violence.

Moreover, reliable sources contend that the UPDF soldiers have not been withdrawn from South Sudan because Uganda and South Sudan have reached yet another secret agreement that calls for further deployment of Ugandan forces in the troubled country. Furthermore, a sizable opinion in South Sudan does not agree with the tale of the “accomplished withdrawal”. Thus the onus now rests upon IGAD and the Troika to ensure that Peace is ushered in South Sudan by swiftly enforcing the implementation of the Agreement.

4. The demilitarization clause of 25 km stipulated in the peace accord must be fully honoured by the government of South Sudan. There must not be any further excuses to this imperative section of the agreement. It was an unfortunate scenario that IGAD was not aware at the time that it was critically important for the East African body to designate the precise numbers of combatants from the two contesting parties that would be deployed in Juba during the transition period. IGAD simply requested the divergent parties to negotiate the matter amicably.

Furthermore, the term “Demilitarization” as plainly understood in the military parlance means, the shifting of military units from one location to another. This is not the case with the government of South Sudan that believes in maintaining an excessively large numbers of troops in the capital city of Juba. Another worrying development is that the government in Juba could camouflage thousands of army units as police force in police uniform in order to evade and undermine the demilitarization process.

Again the IGAD is saddled with the responsibility to ensure the execution of the entire Agreement as envisaged. The SPLM-IO and the former G10 should not be urged to move to Juba without sufficient guarantees on their physical safety and it would sound utterly naïve to maintain that the government would honestly provide the former with security. Furthermore, the government in Juba should not be expected by IGAD to likewise provide physical security to SPLM-IO officials when the latter finally move to Juba, for fear of some sort of a shady game perhaps in the offing – a customary phenomenon in Africa. It is worth remembering that in December 2013, the government of South Sudan falsely claimed that an abortive coup had occurred and was organised by Dr. Riek Machar alongside the other detained politicians, but the verity remains that no coup has ever occur in South Sudan, as contained in the AU Report. President Museveni had also disputed the coup story. The wild allegation was simply a malign exploit by President Kiir to liquidate opposition within the party and country-wide.

IGAD should earnestly cogitate on the following matters:
(a) For the peace agreement to gain traction, President Salva Kiir must unreservedly rescind the order 36/2015 that established the 28 states in South Sudan;
(b) IGAD should verify a complete withdrawal of the Ugandan troops fighting in South Sudan on the side of the government of that country and make a public proclamation that indeed the UPDF soldiers have pulled out of South Sudan and to further ensure that these troops are not redeployed to the country under the cover of darkness or allowed to wear South Sudanese army flag patches on their combat fatigues to appear like SPLA government soldiers after their departure to Uganda. Those UPDF troops deployed in Western Equatoria state to hunt down the Lord’s Resistance Army of Joseph Kony must not be allowed to move to any part of South Sudan;
(c) The IGAD and Troika should supervise the demilitarization exercise and ensure its accomplishments and designed outcome;
(d) The SPLA-IO and the former detainees, known as the G10 should not be urged to relocate to Juba without the execution of the clause calling for the relocation of government troops within the distance of 25km radius.
Thank you.

Peter Lokarlo Ngrimwa, Former Lecturer,
Graduate School of Business and Law (GSBL), RMIT University
The Emily MacPherson Building, Building 13, 379-405 Russell Street,
Melbourne, VIC, 3000, Australia

Copies to:
1. Dr. Riek Machar Teny, Chairman and Commander in Chief of SPLM/A in opposition;
2. H. E. Uhuru Muigai Kenyatta, President of the Republic of Kenya, State House, Nairobi;
3. The Embassy of the United States of America in the Republic of South Sudan, Juba;
4 The British Embassy in South Sudan, Juba;
5 Embassy of the Republic of Sudan, Juba
6 The Embassy of the Republic of South Africa in South Sudan, Juba;
7. Representatives of Troika member countries;
8. Other Representatives of member countries of the IGAD;
9. Alpha Oumar Konaré, the AU high representative for South Sudan;
10. Dr. Lam Akol Ajawin, Chairman, SPLM – DC, Juba;
11. South Sudan Civil Society Organisation, Juba;

Concerned Madi Community condemns Bus attack & killing by Government forces on Juba-Nimule road

From: David Aju Kanyara , NOV/20/2015, SSN;

On behalf of Ma’di youth and people of Ma’di, we the concerned community members both in the diaspora and in the homeland extend our heartfelt condolences to the families of the victims of the barbaric attacks inflicted on civilian transportation on Juba-Nimule road which left 5 innocent lives dead and unknown numbers injured on early Thursday morning’s attack.

We condemn in the strongest terms possible this cowardly attack on unarmed civilians on our peaceful motherland; we decry the shedding of Civilian blood on our Soil.

We strongly reiterate here that we do not want senseless killings of innocent lives in our Ma’diland and we are tired of this murderous scheme into which our land has been thrown.

The last few weeks Moli region has witnessed the government forces intimidating and demanding to be supported with food items, and where they cannot get it, they take it by force or by plain thievery.

Farmers were looted dry of their cassavas and other farm products.

Several Eyewitnesses and survivors report it was the very same government forces stationed in Moli who attacked this bus.

We are astonished and angered to see an unprecedented actions by government soldiers in Moli and surrounding villages, to which the government soldiers were immediately deployed as a cover up of their evil deeds of ambushing the civilian bus leaving dead five people, two Somali nationals, two Ugandan nationals and one south Sudanese, while those who survived the attacked were looted flat from all their valuables and money.

Mr. SPLA Spokesperson, Philip Aguer, there are no Bandits in Ma’diland. There are only SPLA Soldiers who have maimed and taken the lives of our innocent civilians from the birth of South Sudan.

Does it surprise anyone that before even an investigations can be conducted the Speaker concluded it was Bandits that attacked the bus? Is this a design to attack our land and kill more again?

Why would Juba deploy such massive number of soldiers to intimidate and harass civilian populations in Moli instead of sending investigation team to probe the incident, to find out exactly what happened and to bring to book the soldiers who have abused their constitutional obligations to protect the civilian?

The massive deployment of the very criminal soldiers, who in the past killed the locals and never had good relations with the locals was meant to cover up the barbaric and cold blooded murder of the innocent passengers on Friendship bus company, we have also established the reason why early Thursday attack on civilian bus was conducted by the army.

The primary reason to execute the unprecedented attack was to justify that there is insecurity or insurgency in the area, hence the Juba led government would use the purported insecurities in the area in pretext to justify its policy of illegal land grab to establish an army barracks in the area.

As well, we have also learnt the area where the attack took place, the very spot was surveyed by the defense ministry to relocate its army barracks as part of the implementation of IGAD compromise peace agreement for Juba to be demilitarized within 90 days.

We were told by the people in the area, the land owners are opposed to the relocation program of the military in populated and farmland of the people, that they would rather give the government some land 15km away from main road.

This will also avoid constant security road blocks set by the army along the highway to intimidate the civilians and loot them as they did on Thursday bus attack.

But according to the report, the government has refused the offer, thus Thursday’s attack is simply an act of government soldiers to use the insecurity as pretext to establish its barracks in the area also meant to resettle more Dinka in the area, if the locals like it or not.

Second reason why the government attacked the civilian bus is again to make it look like as if there are presences of the rebels in the area, this way the army will legally justify its deployment to protect the illegal cattle owners who’re from Dinka tribe.

It is a well known facts that since more than a year ago the cattle keepers from Dinka tribe have been roaming in Moli with their cows devastating farmlands.

This is after the president issued ultimatum for all cattle and their owners to return to their respective places.

But, intentionally, the decree lacked implementation and there was no task force in placed to enforce the decrees though the President relocated some of his own cows from Central Equatoria state to Warrap, his home state.

The legitimate question that begs to be asked is why does the government want to escalate the insecurity in Ma’di land by attacking civilian transport system after it has signed the peace agreement with the rebels?

It is clear to most southerners that unfortunately this government has not ceased its hostility against its own population, and the bloodthirsty SPLA/army is not ready to end the senseless war in the country.

Therefore, we urge all the peace loving people of our nation to join us in condemning this barbaric act by Kiir’s government which escalates more unrest.

We also urged all the people of south Sudan to condemn in the strongest terms possible the killing of innocent people specially citizens of friendly nations to South Sudan.

There are procedures that need to be followed if the government needs land to relocate its army from Juba as part of the implementation of the peace agreement.

They should approach the legitimate landowners without intimidation or causing of insecurity as pretext to grab land.

We urge the communities of East African bloc in which south Sudan is about to become a full member, we urged the members of EAC to delay admission of south Sudan for killing Ugandan nationals on civilian bus.

We would like further inform IGAD and its partners of the violations of the peace agreement by the government and abuses of human rights on Ma’di Soil.

After Thursday attack by none other than the government forces, they now have deployed heavily and many youth and school children aged as young as 12 were randomly rounded up and subjected to harsh interrogation process including sleep deprivation and long standing and finger twisting mechanisms, all applied by the interrogators to make the youth to give false confessions.

This is an act of torture and other degrading inhuman treatments, prohibited by the Declaration on the Protection of All Persons from being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the UN General Assembly on 9 December 1975.

The declaration’s article clearly stated that:

“For the purposes of this Convention, the term ‘torture’ means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. “

In conclusion, we urged the government of Mr. Kiir to respect human rights and abide by the international declaration of human rights, convention of prohibition of tortures and other degrading cruel inhuman punishments as declared on December 9-1975 Convention to prevent torture.

David Aju Kanyara.
Sign on behalf of the Ma’di community youth in Ma’di motherland.

New States not based on number of counties, but on population size: Gok people deserve own county!



In response to those who argue that since Gok people have one county and therefore do not deserve to be a State, I would like to stress at onset that such an argument is a fallacy and also a failure to reason logically.

In my understanding, the creation of administrative units or states is not based on counties but it is based on the size of population, which means that Gok people deserve to be a state based on the result of the last census.

The result of the census of 2008 put the population of Gok people to one hundred and seventeen thousand people (117000). Thus, those who argue that one county cannot be a state fail to understand one fundamental factor considered in the creation of a state or any administrative unit.

What is considered in the creation of the State or any administrative unit is a size of population which acts as a determinant in the allocation of resources. This means that neither geographical area nor administrative unit plays any major role in the creation of the state but it is the size of population that matters.

In relation to Cueibet County, being one county does not mean that it cannot be a state. In fact, to point out the truth, Cueibet County remained as One County since 2005 because it was left in that status for the benefit of some political actors who did not want Gok Community to progress.

In other words, it was just an administrative misnomer intended to ensure that Gok people did not have access to services and resources; it was an administrative corruption in short.

However, now as the President of South Sudan has done it, I think it was the plan of God as God has been watching at how much Gok people have suffered.

Because of that I have hope. I have hope of Gok people remaining as state since it is the plan of God and as far as I know what God has planned no human beings can go against it or can undo it.

People of Gok from Cueibet county are people of God; they are there for the interest of South Sudan. During the war in 1990s for instance, many communities in the then Southern Sudan turned against the SPLM/A to the extent of SPLA almost losing the war.

However, Gok people stood their ground against the Arabs under the leadership of the son of Gok Community, Daniel Awet Akot, and because of that Cueibet became the storm eye for the liberation of South Sudan.

Remaining the centre for liberation, the SPLM/A gained momentum in the fight against Arabs as Gok people played a fundamental role in standing with the SPLM/A. Gok People generously and jealously protected the interest of the SPLM/A from 1983 to 2005.

In 1990s when the SPLA was almost defeated, it was only in places like Goomcok, Mayenthon Jokdau, YinhAkong and Ciitcook Awetdit found in Cueibet in which the SPLM/A remained active and strong liberation army.

It was from the aforementioned places in which SPLM/A started another onslaught and rebellion which eventually resulted into the birth of CPA or Comprehensive Peace Agreement of 2005.

Thus the effort of Gok community gave birth to South Sudan today since the people of Gok created the centre and strong base in which South Sudanese protected their interests.

As a result of their determination, they paid heavily. For example, all their cows, grains and other valuable things that provided sources of their livelihood were completely used up by freedom fighters leaving them in abject poverty and recurring hunger in which many of them died.

Moreover, due to their patriotism and love for South Sudan, Gok people sacrificed a lot in terms of human beings. For example, many youths were recruited to help SPLM/A which was then under Late Dr. Garang to fight Arabs.

To be specific, each executive chief could recruit as many as thirty young people per a year for over ten years i.e. from 1990s to 2003 yet in Gok community there are only forty five executive chiefs. Thus from foregoing analysis if one can make a calculation, it is easier to come to the conclusion that from 1990s to 2000s, youth of Gok community constituted a core of freedom fighters in which many died as a result of war.

Hence, it is not in consonant with logic to hear some people reason and argue as they do about the creation of States and Gok State in particular. Such reasoning as already explained above leaves much to be desired and it is the basis of injustice.

In summary, as a matter of good conscience and natural justice, Gok people should be compensated with nothing but their own state, which is the prudent thing that the Government of South Sudan has done.

They cannot be compensated in anything except the development of their areas and to ensure that their children are educated, elders are cared for and health centres are made available to ensure that Gok people do not die of preventable diseases.

It is therefore wrong to think that if Gok is one county it cannot be a State. It must be repeated that a state is not based on Counties but on the size of people and based on the result of census of 2008, it is important to conclude that Gok people deserve the state.


Follow the leaders along the path of peace

BY: Ocholamero Otir Bure Oroto, Queensland, Australia, NOV/10/2015, SSN;

President Kiir calls every one, everywhere to support peace.
Dr. Riek calls for people to write about peace and reconciliation.

Ladies and gentlemen and my fellow South Sudanese, there is no better time to congratulate president Salva Kiir and his associates; and Dr. Riek Machar and his associates in working tirelessly to bring about the Compromised Peace Agreement (CPA).

I was one among many who decried the war that has derailed our lovely progress and I remain critical of the fact that there was no hope of reaching such a surprise ending of signing security arrangement.

As being one of those who was quick to decry the violence because it was clear that violence could only destroy and bring development to a stand still, I am hereby presenting my gratitude among the groups who would appreciate a work well done.

I would like to register my sincere appreciation for all the leaders from both factions of the Sudan People Liberation Movement. I am confident there are many within and outside the country who are happy for your great move to accept peace deal through negotiation and this spirit deserves appreciation as long as honesty is well injected in the implementation.

To General Public:
Let us try to insert some peaceful words in our arguments. I know it is too early, but can be done. It is time to move with the current.

Talking collectively, no one was not affected in one way or another by the recent war that was supposed to be resolved within the administrative organs of the movement, but mistakes do happen resulting into a bitter exchange of blows-leaving a mark that will take sometime to disappear.

As a result of mishandling the dispute and added to by political miscalculations, civil war ensued as a matter of fact, innocent people died for reasons not known to many. At the end, the conflict ended in a room. I hope there is a lesson or lessons to learn.

Peace Implementation is paramount.
What matters the most at the moment is to concentrate on peace. Let us focus on supporting the peace. It is time to focus on how peace can be implemented.

Thereafter, we can continue to redirect the questions, for instance, how can we collectively contribute in one way or another toward the building of sustainable peace?

President Kiir, and Dr. Riek and their respective associates are now focussing on peace implementation.

Thus; I pledge with my colleagues who are concerned with the welfare of the nation and would like to argue and discuss the matter as therapeutic approach, to follow the route the leaders are taking now which is the route leading to peace in the country.

We do hope that one within the leadership is playing rat vs cat game. Good faith will give hope to the entire country. That is what we want.

Reasons and Debates-the new battle field.
Let reasoning and debates replace civil war in the country. Everything that men would like to achieve through violence can be achieved through understanding.

So long as government continues to listen to the voices of the people, and people show initiative of petitioning the government in a manner that is acceptable and respectable, I do not see any reasons for ongoing rebellion that keeps our nation behind the global standard and progress.

Leaders, intellectuals and everyone who is concerned and able to do something.
What we need for now is the fulfillment of the SPLM manifesto.

Let us create the change that is desirable, these are freedom of media, freedom of political expression/communication, national reconciliation and the reconstruction of the nation and then trust that was damaged among individuals.

The leaders have to lead at all time.
Allow me to include with the following passage from two concerned ladies and supporters of the national interest and people of high interest in peace success in South Sudan: It is a simple answer to what is peace?

Peace means riding peacefully (especially as a woman…) from Yei to Juba. It means our kids can get education & play at schools without parents fearing for safety of their kids…it means we can access clean water & medicines. It means we are able to sleep at night knowing we are safe. It means NO TRIBAL HATE OR BARRIERS. It means we can work based on our merit and determination…it means to love my Nation and do my part as a citizen without fear or intimidation….it means peace of mind.

So, what is peace for you? Definitely it is not taking guns to express dissatisfaction, it is not intimidation from the government military or police either. It is not suppression of expression or suppression of media outlets.

It is about safety for a person who travels from Aweil to Zande land without fear of being attacked by a tribal gangs. It is about a citizen travelling from one of the Upper Nile villages to anywhere in South Sudan knowing that his or her security is secured.

Politically paramount approach to show a government is listening and indication of good governance.

The implementation of the 28 States needs to be seriously considered, the process matters to set good example to the future generation.

The government can create more States than 28 but the process has to be deliberated in the parliament to show good image of the government and lay foundation for a better future of deliberation.

I am not driven by anything else apart from the same spirit that keeps our liberators fighting for many years without money but for good cause. This is my perspective. For peace and my country.

Conclusively, congratulations to our leaders for choosing the challenges of building peace peacefully. You have done extremely good thing and reached one of the best decisions we live to see again and again.

You are the bench setters, if you do not leave a good system who will do it? Above all do not forget your old aged need for better security and stable peace. It is time to prepare for that moment, our dear honourable leaders.

Creating Change!
Author: Ocholamero Otir Bure Oroto
A concerned South Sudanese residing in Queensland, Australia.
Diploma of Justices Administration-South Bank Institute of Technology-Queensland, Australia.
Bachelor of Arts (Political Science) -University of Queensland
Candidate: Juris Doctor -University of Southern Queensland.

Killings & rapes continue in South Sudan, UN says


Killings, rapes, burning of villages and abductions are continuing in South Sudan where the government and rebels are stockpiling weapons in violation of a peace deal, according to UN experts.

The panel of experts reported to the UN Security Council that both sides were violating the August peace deal while the humanitarian crisis was worsening, with 3.9 million people now threatened with famine.

In an update circulated to the council, the panel said “both the government and the opposition are actively expanding their stockpiles of arms and ammunition”, according to the document obtained by AFP on Wednesday.

They cited “numerous credible reports” that “killings, rapes, displacements, burning of villages, and abductions of women and children” are continuing in Unity state.

Over 50 cases of rape were reported in October.

The experts cited reports that “government forces shot into swamps at fleeing civilians, burned houses, and abducted women and children.”

Widespread cattle raiding continues, while a rebel militia led by warlord Johnson Olony “has engaged in the mass recruitment of child soldiers.”

“The end of the rainy season in the near future may portend a further escalation of violence in both Unity and Upper Nile states,” they warned.

Following a meeting on the crisis in South Sudan, British Ambassador Matthew Rycroft said the Security Council was ready to “take all appropriate measures” against those who are undermining the peace deal.

But a decision on imposing sanctions or an arms embargo will require more discussion at the council, he said, citing a “range of views” over what to do next.

Russia and some African countries have balked at calls for sanctions, arguing that more time is needed for the sides to come on board the peace deal.

“The overwhelming mood today was concern about the deteriorating situation,” said Rycroft, who holds the Security Council presidency this month.

The world’s youngest nation, South Sudan descended into bloodshed in December 2013 when President Salva Kiir accused his former deputy Riek Machar of planning a coup.

The violence has reached appalling levels of brutality, with an African Union report recently documenting torture, cannibalism and other acts of “extreme cruelty” committed by both sides in the war. END

Madi-Acholi fight for the governorship of Owingkibur State

BY ANDREW OLWENY, Nimule, NOV/03/2015, SSN;

Like Hyenas and vultures rushing, pushing and scuffling for a Caracas, intense growling and gnawing grips the faithful of Kiir in all walks of life and all tribes of South Sudan including the Acholi and Madi of Magwi county. The Lion King has made the Kill and it has brought out the best of the best scavengers. Nowhere else in the nation perhaps these scavengers are hard at work than in Magwi county.

Those who had and are benefiting from the tribal and genocidal government of Kiir, a section of the Acholis and Madi people are scrapping and rustling to get their piece of the meat, with intense consultations among themselves headed by Madi political brokers and other community members to include Acholi, Latuho, Pari, etc this time, involving some less known political power houses, that have been sitting on the fence but very calculative characters the likes of Julius Moilinga, Arkangelo Ittore, Marko Aluma, etc.

Torit has been at the eye of the storm of this political power-broker’s market and it is here that the future of Eastern Equatoria is being gamble with as these opportunists dance at the tribal initiative of Salva Kiir, nodding “Yes sir” to every one of his words irregardless of its unconstitutionalities.

The key brokers are a segment of the Madi community members, known followers of Kiir, led by the shrewd deputy Governor Jerome Surur, Margret Itto and the MPs. Emilio Igga who had been called to Torit to be part of the game, and has just returned to Pageri.

According to a very credible reports coming from Torit, the political brokers are expected to call a massive meeting in Pageri on Saturday, November 6, 2015, to get the masses rubber stamp their initiatives. Some of their agents have already started mobilizing the Citizens to attend the meeting.

Key topics to be discussed in the rally in Pageri are:

*The nomination for the position of the Governor for “Owinykibul State”. The Madi and Acholi political brokers in Juba failed to reach an agreement on the name of the state. Some Madi lobbyists want it named Owninykibul. Morever involved Acholis wants it called Magwi state.

The previous nomination is returned for “wider consultation” by the authority. Juba wants “a rubber stamp” from Madi people about 28 the states. If Juba were to get this, then this will be in keeping with their lullaby that the people want it and have asked for it and have supported it.

This will be their argument as the pressure mounts from the international bodies to scrap the plan for the 28 states. These segments of Acholis and Madis seem bent to give Kiir justifications for his undemocratic act.

It has been leaked from Torit that the two names dispatched by Lobong to Kiir, Dr Margaret Itto and Mr. Jerome Surur which came to Juba from Torit has been returned back, for “endorsement” from the people.

By some report, this was Kiir’s attempt of buying times as Kiir is under significant pressures from his loyalists from both tribes, the Acholi side, JJ Okot who urged for an Acholi Governorship.

From the Madi side, the Brother-in-laws of Lobong, Jerome Surur and his followers never blinked their support for Kiir, therefore would like Surur to be the one rewarded for his loyalties, while his Madi people cursed the Kiir government and revolted against what they perceived as Kiirs oppressive and colonial agendas for the Madiland, to the benefits of the Jieng.

*In the anticipated rally, they also hope to get from the masses nomination or suggested names for MPs for the new state which ever that may be.

*Nomination or suggested names for Ministerial posts e.g. The Ministry of Foreign Affairs.

* Nimule Town Council- Who to replace David Eriga. The lobbyists in Torit said they need a Madi Citizen in Eriga’s place doing otherwise will cause more unrest in the Madiland and will make the work of the Loyalists difficult with the already strained relationships between the general Madi populations, Torit and Juba.

*They want the Masses to endorse the 28 newly created States and get the official position of Ma’di about it. This is to be done in short notice so as to say, the people have approved Kiir’s decree of the 28 states.

*It is also hoped that the rally goers will petition Kiir and request for new State to be called Owinykibul with its H/Qs in Owinykibul, which will mean a total of 29 states in the Nation.

*The orginizers from Torit are hoping the same day they will achieve filling of Forms by the nominated candidates at the same time collections of signatures of those who are supporting the nomination and Kiir’s 28 states. In short, the masses are the means to the end, Politics at its highest order.


Crime and Security: The menace of Armed robbers in Juba city!

By Deng Mangok Ayuel, Columnist, JUBA, OCT/27/2015, SSN;

Juba is a city for sale. Apart from being ranked as the world’s most expensive city for expatriates according to the latest findings by consulting firm, ECA International, Juba is a city full of unknown gunmen. A city where you can’t distinguish armed robbers from policemen because they both carry an AK47 …!

It’s a city where its citizens go to bed in fear while thinking they might be robbed by unknown gunmen in their houses at midnight. It’s also a city where foreign briefcase companies became the real beneficiaries of our businesses amid economic crisis in the country.

It’s a misery. The menace of armed robbery in Juba is unpredictable and the police forces shouldn’t be blamed but encouraged to take charge of the situation in order to protect the city dwellers.

Armed robbery is a worldwide phenomenon. It is neither peculiar to South Sudan nor confined to any country. But where do these robbers get the guns? And when will unknown gunmen be known? We must set thieves to catch thieves.

However, crime and robbery appear to be undying features. Although crimes have been with mankind from creation, there are increasing categories of crimes that are really baffling, senseless, shocking and malicious in our country.

Since insecurity remained a prodigy and continued to take vexing dimension, the current security situation is provocative in the city because incompetence of the authority to arrest and bring criminals to justice is fear-provoking.

There are basically two classes of armed robbers, the psychotics and the normal robbers who want to enjoy the booty acquired during the robbery.

They consider their lives as sacrosanct and are prepared to escape alive at all cost. As a matter of fact, they tend to avoid hard targets so that there will be no confrontation with equally armed protective clusters like police forces.

This is how our policemen failed to catch these tactical robbers. The psychotics do not care of life. His/her doctrine is to kill or be killed since he is desperate to flue his venom on the society – that is why some of our police officers who do not want to die that way fear to face the robbers in Juba.

Armed robbers in this category engage in mindless killing, raping and elimination of any opposition to their immoral activities.

They go for the broke and put their victims in a psychological revulsion, taking away the chauvinism in their victims.

These armed robbers are either mavens or the starved ones in the city. They fear police forces and the reaction of people.

They prefer areas of the city where there is little chance of law abiding citizens providing collective defence against their attacks.

Others in this category include pick-pockets, muggers and petty thieves who take advantage of confused situation to perpetrate minor crimes.

In sum, your next-door neighbour may be an armed robber. This is a country where swindlers and people of dubious characters without visible and productive means of livelihood act as pathfinders and celebrities.

You might notice that those robbers who were in Kampala, Nairobi and Khartoum have flown to Juba. Just be very careful.

Let no one have illusions that the war against crime especially armed robbery will be a pushover in South Sudan.

With the collapse of core virtues, corruption, divorces, the harsh economic situation prevailing in our own part of the world and plenty of guns let loose in the hands of starved-gunmen into unknown gunmen prowling around, make a long drawn battle.

Do we just fold our arms? Of course not, we must cooperate with security forces to minimize crimes.

These are crimes in which the armed robbers themselves are not direct beneficiaries of the earnings from the robberies.

One characteristic of these types of robbery is that it is often accompanied by high rate of fatalities. It is in line with the aphorism of hired assassins.

The robbers are hired to carry out the operation on payment of agreed fees. There used to be cases of politically motivated killings. The beneficiaries might even be the owners of the stolen items or robbed targets.

Those robbers involved might even be mobilized to the area of operation and will disperse similarly after the operation, which makes police investigation difficult.

Most of the factors considered are similar to those of pre-planned operation. Other cases of killing are tribal and regional. Take the case of Mundri-Rumbek road where innocent people are sometimes killed on their ways home. This is organized crimes.

Finally, citizens are encouraged not be heroic by risking their lives. There is a need to comply if you can’t help yourself when attacked by robbers. Or just be deliberate in your action if you are ordered to handover the money or anything in your hands.

Your life is precious than the property. The simpler way to reduce gun related crimes and death is to disarm and collect guns from the masses in our city. Where there are few guns, there’re no gun related deaths and robberies.

Deng Mangok Ayuel is a columnist and South Sudanese blogger. He currently lives in Juba and can be reached via

An open letter to a potential governor of Eastern Lakes state (ELS)

From: Agok Takpiny , Australia, Melbourne, OCT/19/2015, SSN;

Yirol, the capital of a newly created Eastern Lakes state is a beautiful semi-urban area and it is where I was born and spent my childhood as well as adolescence live. It is situated beside a majestic lake Yirol. The green environment, comfortable weather, fresh air, scenic beauty and the simple life of people were the things I grew up knowing about Yirol.

In a broader view, Yirol has not changed that much compared to the time I lived there, but, of course, some changes have occurred over the period. High rise buildings (yes, two storey buildings) and many modern residential houses (thanks to our ‘big men”) can be seen everywhere.

Traditional farming and cattle herding were the main occupations. Traditionally, during the rainy season, which usually start in late April, young men packed up from cattle camps and go to villages to cultivate their fields together with their mothers or wives.

After two months, they would go back to cattle camps while their mothers or wives remain to look after the crops. By doing so, hunger was never close to entered the community, there was always plenty of food and everyone looks healthy.

That was the Yirol I grew up, however, this has changed for the worst. People almost gave up cultivation completely. It is like we have got the independence “everything will be milk and honey”.

We got to stop this, we need to return Yirol to its days of glory, and our next state government must do everything in its power to make people cultivate their fields again. There needs to be a strategy coordinated by the governor and carried out by chiefs with their goal leaders.

Every man who is not running a business or working for a paying job must have a home in his village, build a hut and make sure he cultivates his field come the rainy season.

Failure to comply with that would allow the state government to forcefully take those people to work on the government’s own farm which needed to be set up. There is no UN anymore and it is upon us to make sure that food is available.

The other changes are that people are widely accepting the modern technology and businesses have expanded (although almost all businesses are owned by Darfuris). The motorized transportation has replaced the manual ways of travelling, you know people used to walk from Yirol center to Aweirial or AluakLuak (a distance of more than 50 km each direction).

However, that is not the case anymore, now they can just catch a bus or hire a boda boda motorcycle. The lifestyle and fashion seem very different to what they used to be, the dance style of kabulo/bull has changed from the traditional energetic one to the more slow motion style, I can’t get the tune of it at all, but they seem to enjoy it.

Even kudung has been altered, but that is life, things change, nothing stationary. One of the notable change is Yirol being a state of its own. This is good for us people of Yirol as we are going to determine how we want to run our affairs in a way that is good for our people.

Now comes the challenging part, creating a workable political environment that will enable the citizens of Yirol to unleash their potential is key to state prosperity.

This article is for “you” the potential governor of ELS. It is for “you” too, the citizens of Eastern Lakes state, if you like the things I briefly explained in this article to happen in our state, then you have to choose a governor whom you think will be able to implement them all or some of the ideas herein.

To make Yirol the envy state that every businessman wants to invest in, and every South Sudanese want to live, our very first governor-whoever he/she may be, will need to make Yirol a liveable city.

When I visited Yirol in March this year, I witnessed something that saddens me. Every town or village has its own unique iconic marvels, these can be heritage buildings or trees. Yirol is blessed with majestic Mahogany trees which beautifully stand along four major roads in the town Centre, these trees form a permanent guard of honor to anyone walking along those roads in the town.

However, those trees are threatened by bird’s feces. Anyone who is in Yirol town or has been there recently would agree with me that if nothing is done to rescue the iconic mahogany trees from being destroyed completely by bird pest, then in a year or so the trees will be gone.

It was unbelievable to see the entire ground under those trees which almost cover 75% of town Centre being blanketed by smelly white colored bird’s feces. Apart from potential diseases, it could bring, the level of noise created by those birds at night in particular when roosting together is considerable disturbances.

This exasperating noise if one is new in Yirol town can cause sleepless nights. Controlling those birds need money, but it is not overly expensive. There are many mechanisms that can apply to control those birds, the next governor will just have to tell one of his/her staff members to search for those who specialize in bird pest control on google.

One practical way of solving it is to prune (cut down) top branches of Mahogany tree and many other big trees in town so they can re-grow afresh.

Protecting our people from all sorts of things need to be prioritised. Security is paramount, but the dignity of our people too worth protecting.

Mass rural, urban migration will need to be controlled by imposing a ban on all non-essential travel to Juba. When I went to Juba this year, one thing bothered me a lot. There were so many people from Yirol in Thongpiny suburb than in Nyang town.

The majority of those people went there just to meet people like Rain Tueny, Deng Athorbei, Telar Ring, Marial Chanuong or any other Yirolese who have a decent job in Juba.

Of course not all of them get to meet whoever they went there to meet, thus they end up stranded in Juba unable to go back home.

Furthermore, some men made going to Juba an escape route to avoid their responsibilities. Some men simply left their wives and children back home to struggle on their own.

A simple way to put a stop to this is by setting up an office in Yirol town to give out permits to those who want to go to Juba using public transport.

To get a permit if you are going to look for a job in Juba, you must show your resume/CV. If you are going for treatment in Juba, you must show the referral letter from Yirol hospital, or if there is no referral you must have at least 5000 SSP cash, or if the person who is going to pay for your treatment is in Juba, you must get him/her to confirm this.

If you are a businessman you must tell the name of your business and back it up with witness testimony. Note, those who travel by air or drive their own cars don’t need to apply for a permit simply because they are well off and could afford to cater for themselves in Juba.

Those who are involved in illegal money exchange should go back to Yirol and do their business there because the way they are being hated by the authorities and other tribes are dangerous to their lives and sooner or later someone is going to lose a life among them if nothing is done.

Socially, Yirolese are great people across the board, but that doesn’t mean we have nothing to reform for the better.

To those who have in-depth knowledge about taxation, it is a tool that is more than just collecting money for the sake of raising revenue for the government. Taxation is used to bring change by influencing person’s behaviours to behave in a certain way.

For example, a government can place higher taxes on tobacco to make buying tobacco more expensive just to discourage people from smoking.

In our case, we have dowry problem, dowry payment needs to be capped at 30 cows maximum, anything over that must be taxed 55%. For example, every single cow on top of 30 cows already paid will be valued at 3600 SSP fix regardless whether the cow is big or small. The bride’s parents will need to pay the 55 piasters tax for every 1 ssp.

That means, out of 3600 SSP (value of each cow), the government will get a tax of 1980 SSP from each cow. This is important not only for the revenue side of it, it will curb the runaway dowry prices, which are slowly barring young men who have no one to support them from marrying girls of their choice.

These young men, as already witnessed will engage in constant cattle robbery. So by discouraging excessive dowry payment, the government is solving the cattle wrestling indirectly.

Keep Yirol, Nyang, Aweirial and other major centres clean. Anyone who have a land/plot and did not yet build a house on it must be forced to cut the grass every 2 months and also pay yearly council fees.

Every single house in Yirol town must have a latrine, failure to do so must trigger a fine of not less than 2000 SSP.

Each house must clean not only in the compound but also outside their fence, put simply, each house must know its border with next house and therefore, the cleaning must reach the border where the other house will take it and so forth.

Failure to regularly clean will trigger a fine of not less than 100 SSP. This rule would be enforced by the council.

Commissionership system needs to be abolished and instead introduce mayorship where a county is ruled by a 5 member council headed by a mayor. Each council must have a constitution that explicitly explains what to do and who to do it if Y and Z happens.

Commissionership which give an absolute power to one person is prone to abuse of power by the incumbent and we have seen that numerous times. Commissionership has become an empty boastful prestige position where egos are fulfilled instead of service delivery, it needs to go.

We are unique people and we should not just copy everything from Khartoum or Juba, how we govern ourselves is entirely up to us.

Commissionership system and excessive dowry are not the only things I am hoping to be reformed or abolished altogether. I am also hoping that torturing (whipping) inmates be abolished as well.

When I went to Yirol in March this year I found the infamous former oil factory building (baburzet) which was turned into detention center still operating. In Baburzet, inmates are beaten terribly twice a day.

Instead of whipping inmates, hard labor should be introduced. We have an airport to build, our current airstrip is in the middle of the town center, and it ought to be moved at least 10 km away. Therefore, clearing the area where the airstrip would be built need to start early.

Each inmate should be shown a tree or trees to clear from the roots and smoothen where the tree was removed. Yes, our famous headmaster in Comboni School Mapurdit successfully implemented that in 1990s.

Whenever a student broke the rule by fighting each other or anybody who is weak (women) in the school ground, their punishment was to uproot a tree or trees depending on the severity of the offense.

It may sound hard enough, but it is better than whipping. It works in our school back then as our school expended, the administration only paid for the new classroom buildings while the land has already been cleared by offenders. Furthermore, fighting each other was reduced to near zero.

In addition, instead of banning alcohol like what current Lakes State governor, Matur Chut, did in the former Lakes state, those who get intoxicated and start to misbehave at weekdays should be taken to the field, detain them until they are sober enough and then show them their trees to uproot.

There are widows who depend on income from alcohol they brew and sell, and there are also those who drink responsibly, so banning alcohol is being inconsiderate to this group.

Thanks for reading this article.

We, the people of South Sudan, are the majority

From: Alex , Germany, OCT/18/2015, SSN;

At this juncture where our nation State of Affairs has been hijacked by the devilish Jieng Council of Elders (JCE) who are capitalizing on our country’s present status quo to remain the way as it is without peace and stability, because peace meaning for them accountability and sharing power with others the twosome most detested by them.

Now, it is up to US the South Sudan ‘Silent Majority’ who are all yearning for peace to let the JCE and their affiliates to continue subverting our beloved county or tell them… hey guys… your time of playing liberators has elapsed, besides, you have wasted the chances South Sudanese have been giving to you for that matter, so enough is enough.

Moreover, I would like to call upon all those who are naively up to date continuing to give the benefit of the doubt to the president Kiir particularly, after the issuing of the scandalous Establishment Order of creating 28 states and unrighteously annexing the Fertit land to the Dinka to deliberately demonstrate to the “unnamed Fertits ethnicities“ that they are a citizenry unworthy of their ancestral land!

I want to tell those peace loving people that it is the time for them to rethink and reevaluate their allegiance to president Kiir because, he the president Kiir is not like before, he has turned himself into a committed Dinka leader who would do anything in his power for the sake of his Dinka people.

He has demonstrated it by grabbing other people’s land, giving a deaf ear to the international body who are calling for peace in our country, dishonoring any promises he has made or even derailing the CPA.

President Kiir now has two bosses whom he must take orders from them, one, Uncle Museveni of Uganda and two, the fiend JCE.

It is a we thing, that is why I am appealing to all those who have South Sudan People at their hearts… Jiengs included, to step out of their comfort zones and recognize that our oneness must remain intact.

This is because the integrity of all the 64 tribes of South Sudan is our most powerful tool to emancipate ourselves from the grip and wickedness of the president Kiir and his felonious Jieng Council of Elders, Darfuri mercenaries and Yoweri Museveni of Uganda because they are the true enemies of the South Sudan People.

Let it be known that all the above aforementioned complicit entities are perishable but the tribes of South Sudan must coexist and cohere harmoniously with each other in a peaceful South Sudan.

It is time to move on and walk the walk.

Sharing unbaked cake: The constitutionality of the order creating 18 additional states in South Sudan

Dr. Remember Miamingi, Lecture of law, Pretoria University, South Africa, (Article previously published somewhere, OCT/02/2015;

On 2 October 2015, the President of the Republic of South Sudan issued Establishment Order Number 36/2015. Through this order, the President decreed the creation of 18 new states out of the existing 10 states. This brings the total number of states in South Sudan to 28 for an estimate population of 8 to 10 million people.

A quick comparison might throw more light on these figures: China, with over 1 billion people, has 22 states; India, with a population of over 1 billion, has 28 states; and Brazil, with a population of over 191 million people, has 26 states.

China has a land mass of 9,571,300 sq. km; India 3,156,596 sq. km; and Brazil 8,547,404 sq. km. South Sudan has a land mass of only 647,095 square kilometers.

This order has received mixed reactions in South Sudan – commendation and condemnation. Those who praise the Order do that on the ground that creating more states will engender greater participation of people in government, reduce dominance by the central government, minimize marginalization of minorities, and checkmate ethic hegemony by major ethnic groups in South Sudan.

Those who oppose the Order, do so mainly on the ground of procedural irregularities, disrespect of the constitution, poor and suspicious timing of the decision, capacity deficits of the state structures in South Sudan, and the fear that creating states along ethnic lines might encourage ethnic chauvinism and exclusivity in a country wherein ethnic cleavages already pose significant challenges to nation building.

Thus, according to the critiques, this creation of more states only satisfies parochial and patrimonial needs of those in power.

Even though it is worthwhile to discuss the reasons for and against the Order as outlined above, I will, in this opinion piece, limit myself only to the constitutionality of this Order.

Therefore, my preoccupation is whether by issuing the said Order the President acted in violation of the Transitional Constitution of South Sudan (TCSS) and, if so, whether such a violation amounted to gross violation of the TCSS for which the President should be impeached.

An auxiliary issue of the relationship between the Order and the Compromise Peace Agreement on the Resolution of the Conflict in South Sudan that was signed by the Government of South Sudan, the Armed Opposition and the SPLM Leaders (Former Detainees) in Addis Ababa and Juba on 17 and 26 August 2015 is something I will discuss in another piece.

1. Introduction
The Transitional Constitution of South Sudan (TCSS) organises the country, politically, on the basis of two main principles: Unity in diversity, and democratic and decentralisation system of governance.

Government is enjoined in article 36(2) of the TCSS to put national harmony and unity as a primary consideration in policy making.

All levels of Government must promote the principles of decentralisation and devolution of power through policy and practice according to article 36 (1) of the TCSS.

To advance these two principles, article 162 of the TCSS divides South Sudan into 10 multi-ethnic and decentralized states.

The TCSS does not have specific provision(s) dealing with state creation. It is not clear whether the existing 10 states could be merged into few states or broken down into many other states.

The TCSS is silent on the specific process and or criteria for creating new states. However, article 59 (a) grants the Council of States (a Second Chamber of the Parliament) the power to, specifically, initiate legislation on decentralization and other issues of interest to the States.

In addition, article 59 (g) gives the Council of States power to approve changes in State names, capital cities and boundaries.

A clear understanding of the scope and nature of the powers of the Council of States with respect to state creation is pivotal to an effort to assess the constitutionality of the Order by the President purporting to create new States.

Article 59 gives two types of powers to the Council of States with respect to decentralisation of powers in South Sudan: An originating mandate and a subsidiary power of approval.

The Council of States is mandated to exercise specific power to initiate legislation that affects the current system of decentralisation or the interests of existing states.

The power of approval insinuates that there could be another body that is conferred with additional powers that could affect the boundaries of existing states, for example.

My feeling is that organs of Government with the powers to initiate amendments to the TCSS are implied here.

In the absence of specific constitutional provisions dealing with the creation of states under the TCSS, cumulative reading of the TCSS suggests that state creation in South Sudan can only be undertaken through two ways:
1.— Through a legislation or through a constitutional amendment. If it is to be done through legislation, then that should be done through this original mandate of the Council of States. If it is to be undertaken through amendment, then it is a concurrent mandate between the Executive and the National Legislature. In this case, the Executive or the President could exercise its powers to initiate amendments to article 162 (1). The amendment procedures must comply with the provisions of article 199 of the TCSS read together with article 59 (a) (g). Hence, a process of state creation that is not undertaken through these two ways is undertaken outside the purview of the TCSS and is, thus, unconstitutional.

2.— The constitutionality of the Establishment Order Number 36/2015 for the Creation of 28 States:
According to a copy of the Order circulating in the media, the Order drives its authority from the 2011 TCSS, as amended in 2015. The Order cites articles 36(1), 166(6) (a) (b), 101(b) (f) (k) and (u) as providing constitutional authority for the President’s action. Article 36(1) provides for the principles of decentralisation and devolution of powers as political objective of State policy.
Article 166(6) (a) (b) provides for the following objectives of a local government: self-governance and bringing the government closer to people.
Article 101(b) provides for the power of the President to supervise constitutional and executive institutions. Article 101 (f) provides for the power of the President to initiate constitutional amendments and ascent to and sign into law bills.
Article 101 (k) provides for the power to establish independent institutions and commissions. Article 101 (u) provides that the President may perform other functions as may be prescribed by the law.

With the exception of article 101(f), the rest of the provisions of the TCSS cited in this Order do not purport to confer on the President the power to create states or alter the boundaries of existing states.

Article 36 is a guiding principle when undertaking lawful and or constitutional acts and not an authorising provision.

Articles 166 provides for the objectives of existing local governments and nothing more.

Article 101 (b) provides for the President’s oversight roles over existing entities.

Article 101 (k) does not refer to states but institutions and commissions anticipated under articles 142 (f), and article 101(u) is only relevant if the act is provided for by a law.

The only authorising provision that could ground the President’s Order in the TCSS is article 101(f). The President has the constitutional power to initiative an amendment to the TCSS.

The amendment route would be that the President will introduce a proposal to the National Legislative Assembly one month in advance of deliberation by the House. That proposal would have asked for the amendment of article 162 (1), in this case.

This article provides that South Sudan shall be composed of 10 states. Then each House of the National Legislature would debate the proposal and, if passed by two-third majority of each House, then the President can sign the amendment into law.

So the answer to the question whether the Order is constitutional or not depends on whether the Order is proposing an amendment to the TCSS or it is a self-standing and self-executing Order.

Order 1 Paragraph 2 of the Order provides that this Order shall enter into force 30 days after the signature by the President.

Order 10 paragraph 1 provides that this Order shall not be amended save by another Order by the President.

Cumulatively, therefore, the legal effect of Order 1 and 10 of the Order establishing 28 States is that it purports to be a self-standing and self-executing Order.

Therefore, this Order, for all purpose and intent, cannot be said to be an amendment to the TCSS.

There are two immediate effects of this conclusion:
—– First that the Order is unconstitutional and, therefore, null and void to the extent of its inconsistence with the provisions of the TCSS.
—– Second, article 162(1) is still in force and South Sudan is still consisted of 10 States.

3.— The implications of the finding of unconstitutionality.
In issuing an Order that the President is fully aware is in contravention to the TCSS, the President has committed a gross violation of the Constitution.

In addition, by issuing the Order as self-executing, the President is either in violation of ***article 2 of the Constitution that confers sovereignty on the people,
***article 3 that asserts the supremacy of the Constitution, article 55 (a)(b) that gives the powers of amendment and to enact legislation to the National Legislative Assembly,
***article 59(a)(g) that puts the power to create and approve changes to state structures in South Sudan on the Council of States,
***article 162(1) that provides that South Sudan is consisted of 10 states, and
***article 199 that provides for the proper amendment procedures to the TCSS.

Or the President has through the Order abrogated and suspended those aforesaid provisions of the Constitution.

The second main implication is that the President has lied under oath. The oath of the Office of the President provides, in part, that he “shall obey, preserve and defend the Constitution and abide by the law”.

By issuing an Order that violated the Constitution, the President has failed to keep true to his Oath of Office and, therefore, lied under Oath.

4. Way forward:-

1. The President has the option to resign.
2. In the event the President fails to resign, the National Legislative Assembly should commence impeachment proceeding against the President on the basis of gross violation of the Constitution and perjury.
3. In the absence of the two above options, article 4(3) of the TCSS should be activated. According to this provision “Every citizen shall have the duty to resist any person or group of persons seeking… to suspend or abrogate this Constitution.”