Kiir’s Tribe-mate Advisors will lead him to hell!

BY: Both Nguot, SOUTH SUDAN, APR/18/2013, SSN;

South Sudanese president, Salva Kiir, on Monday issued a decree withdrawing executive powers that were delegated to his vice-president Dr Riek Machar Teny Dhurgon, according to a broadcast by the state-run South Sudan Television. The order did not cite or state any reason for the move and no official statement has been released. It also did not specify to the public which powers he delegated to the Vice President and had to be withdrawn or the difference between such powers he has with the powers stipulated in the constitution and that he wanted Machar to continue to exercise.

Kiir now restricted Machar to the powers “stipulated in the article 105” of the transitional constitution. When we read the constitution and compare the presidential degree of 105 issued on Tuesday by the president, we will find that president Kiir’s degree has no connection with the constitution because article 105 of Transitional constitution is talking about the appointment and the removable of vice president as we quote below.

Appointment and Removal of the Vice President:
105. (1) The Vice President shall be appointed by the President subject to approval by a two-thirds majority of all members of the National Legislative Assembly.
(2) The Vice President may be removed by the President or by a decision passed by two-thirds majority of all members of the National Legislative Assembly on a vote of no confidence.
(3) If the post of the Vice President falls vacant for any reason, the President shall appoint a replacement.
(4) The Vice President shall fulfill the conditions of eligibility for the office of the President as prescribed by this Constitution.
(5) To assume office, the Vice President shall take, before the President, the same oath taken by the President as prescribed by this Constitution.

When we look into the article 105 above of the Transitional constitution of the Republic of South Sudan, we will find that the president has just removed the vice president as according to the constitution, maybe it was a mistake from SSTV staffs who made the confusion to the public because in article 105, it is the appointment and the removable of vice president by the president himself.

So we don’t see any executive powers under this article, the executive powers are only found under article 106 of the Transitional constitution of Republic of South Sudan as mentioned below:

Functions of the Vice President
106. The Vice President shall perform the following functions: 36
(a) act for the President in his or her absence from the country;
(b) be a member of the Council of Ministers;
(c) be a member of the Security Council; and
(d) perform any other function or duty that may be assigned to him or her by the President.

Now what are the executive powers that the president has removed from the vice president? Does he (Kiir) mean the functions of the vice president which are under article 106 of the Transitional Constitution as mentioned above or the president’s degree mean the article 105 of Transitional Constitution?

As we all read the constitution, the president would have removed the vice president so as to match his presidential degree 105 with his degree which stipulate the appointment and removable of the vice president. And if the president means the article 106 of the Transitional Constitution which stipulates the functions and the duties of the vice president, Why was it pronounced as article 105 which is the appointment and removable of the vice president?

South Sudan Minister of information, Barnaba Marial Benjamin, at press conference organised specifically to make clarifications on the order, called for calm and cautious remarks, saying constitutional powers of the vice president have not been removed.

“Riek Machar is still a vice president with all constitutional powers. General Salva Kiir Mayardit is a still a president with all his constitutional powers. They are all in office. What the president had done is that he had withdrawn powers he had previously delegated to the vice president. It is like you asking me to do some work for you when you are preoccupied. This is exactly what had happened and it should be understood in this context,” Marial said Tuesday.

Now what are these executive and constitutional powers that the information minister mean that the president had withdrawn from the vice president rather than the functions of the vice president under article 106 which give the vice president some powers to: act for the president in his/her absence, to be a member of council of ministers, be a member of securities council and to perform any others function or duties that may be assigned to him or her by the president?

What I know in this context is that, in section (d) under article 106 which allowed the vice president to perform any other functions or duties that may be assigned to him or her by the president. It is the only section (d) of 106 which relate to president Kiir’s degree.

But, the question is, is it this section (d) under article 106 that the president had withdrawn from the vice president or the whole function of the vice president? And if these are the executive powers that H.E the president meant but they are not under article 105, because under this article it’s only the appointment and removable of the vice president.

If that could be the case, does the president have a right to amend any article in the Transitional Constitutions without taking it to the parliament for debate? Or just because he has some political differences with his deputy that could allow him to do so?

And if it happened that some of the executives powers have been removed or he has removed the vice president because of political differences between them and later appointed a new vice president, will he (Kiir) later return those powers back to the new vice president or the new vice president will continue without executive powers?

Another question is, if those executive powers were given to vice president by the president himself as cooperation between him and his deputy in their office, does it need a presidential degree to withdrawn them?

The president was supposed to withdraw those powers as he had delegated to the vice deputy secretly without using presidential degree as he gave them last time to his deputy without degree since those powers are not in the Transitional constitution.

On the issue of Peace and Reconciliation process, Marial also denied that there were any political differences between the president and his deputy over the organization and conduct of a peace and reconciliation conference scheduled for June, having only recently been postponed from April.

If that could be the case, as Marial says, why the president allowed the process of Peace and Reconciliation to get started if he (Kiir) knew that he was not interested in reconciling the people of south Sudan?

I think Dr Marial doesn’t want to tell the fact or they just wants to confuse the public otherwise they are ignorant and I believe president Kiir up to now might not have given us full knowledge about his presidential degree.

Dr Marial has also added that Machar had been due to head the conference but was removed from this position by Kiir on Monday. Government sources have told Sudan Tribune that the postponement was due to political differences over the agenda and the timing of the process.

However Marial, the government’s official spokesperson did not give any reason for the decision as to why Kiir had abruptly suspended the process and Machar’s role in it.

“Adding that there is no difference that I know between the vice president and the president, the two leaders have been closely working together on all issues of national value,” Marial explained.

On the other hand, the speaker of South Sudan’s National Legislative Assembly, James Wani Igga, in his speech on Tuesday that the president “did not touch” the constitutional powers assigned to the vice president and did not dismiss him. The head of state had only withdrawn powers he had previously delegated to his deputy to help perform other important tasks he could not attend, the senior SPLM official said.

“Adding that he read the decree and looked at the transitional constitution and found that the president did not touch any constitutional powers assigned to the vice president. He [Kiir] had only withdrawn powers he had in the past delegated to his deputy. So let our people understand that the vice president is a still a vice president with all his constitutional powers”, Igga told reporters.

Igga called for South Sudanese to be calm and read the decree to fully understand the meaning of the announcement.

So I might agree with the speaker on the issue of the constitution as he says the president had not touch the constitutional powers assigned to vice president by the constitution, adding that he only had withdrawn powers he had previously delegated to his deputy.

But why the president refers us to article 105 which is only the appointment and removable of vice president?

In fact, the presidential decree issued on Monday was meaningless and out of vacuum since there is no clear information about the degree.

The fact is about the on-going political bickering and leadership shadow boxing within the political bureau and the SPLM party for the upcoming SPLM National convention as well as 2015 presidential candidate for presidency.

In conclusion, Kiir’s tribe-mate advisers will lead him to hell, why? Because president Kiir has only put his tribe mates as his advisors around him, so they took the national issues as their properties and that is why they make things according to their will.

I wish to offer my free legal advice to the president and his advisors that, next time when you want to embarrass someone, do it in your offices without giving the public an uneasy time, because, believe me you, I couldn’t sleep that night when this news was read out and I think most of you did not.

The president and his advisors had created an unnecessary political tension and this is something they should have handled quietly and neatly.

From now on, you must know that ‘delegated powers’ are freely and willingly given by any particular boss and they are or can be withdrawn at will, so there was no need to inform us about it.

However, the point of giving the strong message to Dr. Riek being the underlying factor is recognized but again, use other mechanisms next time, Mr. President!!!!

21 Comments

  1. Simon Tongyik says:

    Mr. Nguot, you are right about the nightmare degree issue by Kiir and his tribal mates, the secret behind this degree was actually meant to remove the Vice President, Dr. Riek, based on the political difference between them. What President Kiir forgot was that South Sudan doesn’t belong to Dinka alone. It’s for all. Therefore, he should bear in mind that Dr. Riek Machar has a binding right and legitimacy like Kiir. Removing him like that would bring our country to chaos and the consequences would range too far worst.
    I don’t know what is in the mind of President Kiir and his advisers. They messed up the entire Country through murdering, torturing, Corruption and nepotism. yet they are and not convince that they are worsening the situation. Are these people really conscious? Let’s hope that Kiir has dug his own hell.

    • Morthon Akol says:

      Simon Tongyik, your point is not new. you can’t believe any leader even Jesus to be a President in South Sudan. you will still be criticizing him. you will keep running between parties until the end of your days.

    • Mr. Nguot. If I were you, I would have designed my comment differently, Dr. Riek has a region to back him. Another thing is that, this time is not time of chaos, what have we gained from chaos in Upper Nile, we killed ourselves equally and we got the loss because the people we have killed on both sides could have contributed to the building of this great nation.
      Politics is not an easy game, if I were Riek, I could have resigned long time ago and start building my own political base. Riek is not different from Kiir now, they carry the blame together now. A wise man usee stones thrown at him to build a house. Riek has a very big chance to unite the people of Greater Upper Nile behind him to build his strong political force. We need words now to change this country and not chaos. Let’s come back to our senses and change the leadership of this country. What we need now is someone to change this country no matter where that person will come from. PERIOD.

  2. Dinka land says:

    And your own hell too! Kiir has right to remove and chase vice president to his house without delay, leave alone reducing the powers. South Sudan will never be ruled by someone who stepped back during the war days with Arabs. We need some one who didn’t kill South Sudanese in the last decades. Please Leave Mayardit alone to run this country. Stop your dream whether you like it or not.

  3. Bol Thon says:

    You have stated it right, my dear, Mr. Both Nguot, that may be President Kiir thinks he could blindfold the South Sudanese at this time. But I don’t think so. Because, what he doesn’t know is that Dr. Riek is a South Sudanese like himself, I mean to say 98 percent of its population like or want Dr. Riek to lead them. Therefore removing him from his post as Vice President is like declaring war against Republic of South Sudan, that is the point.
    Another one which is also important is dissolving the badly needed National Peace, Healing and Reconciliation Conference process being seen by our President, Vice President rather…. We have a proverb that says, “A supporter of a Peace Maker is also a Peace Maker.” However, how do we call an opposite of that proverb above?

    • Deng says:

      Sir, why are you using removing here instead of withdrawing, to my understanding the Vice president is not removed from his post but has had the powers that were delegated to him by the president withdrawn. Anyway, we are in dilemma, Vice president Machar and president Kiir are apparently at war psychologically instead of working to gather – very weird and ironical. The worst thing here is that our president has surrounded himself with bad and wrong advisers including his relatives, exactly Dr Garang’s style unfortunately.

      On the other hand, our Vice president is not witty enough, he was supposed to start working closely with president Kiir and begin to win his trust while at the same time lobbying the SPLM caucus and general public if he is envying for presidency.

  4. Bol Thon says:

    Does he (Kiir) think removing Dr. Machar is like killing our Bor people?

    • Bol Thon:

      I’m totally lost by your comparison between the killing of your Bor people and the removal of Riek Machar from his Vice presidential post. Are you telling us that the lives of your Bor people are less worthy than the Vice Presidential position of Riek Machar? or Are you suggesting that Bor people are cowards and/or Nuer will fight for the position of Riek Machar? Please elaborate on this question a little bit more because I don’t get it at all.

      • Bol Thon says:

        Dear Garang and Domac, Don”t you know how many people from Bor have been lost since 2005? Who’s Mathok?

        • Bol Thon:
          What do you mean by asking (Who is Mathok)? Do you mean Salva Mathok Gengdit? if so, he is one of the SPLA commanders just like Kuol Manyang Juuk. Is he the one making the Bor people disappear in Juba?

          • Bol Thon says:

            Garang! Who told you he is the one? Do you have any information about him in a question as to why the Bor people have been disappearing? If not, why do you ask me? So, the point that you asked me for and I answered is, that the people of Bor who have been killed in South Sudan since 2005.

  5. Society says:

    Mr Writer, you referred to the correct clause, but what puzzles me is you still go around and ask what the president degree was about. Goodness me, Junubin!

  6. Domac says:

    Bol Thon, please elaborate what do you mean by saying removing Riek Machar is like killing our Bor people?

  7. King of Nyamlel says:

    YOU Nuer as so divisive, why talk of Dinka? Kiir is your President and the son of this land? Avoid tribal frontlines as you have been doing it, otherwise Nuer and Dinka will not lead South Sudanese anymore, believe me!!! Stop it!!

  8. Dan says:

    Was this a reposting of Juma Mabor article or what?

  9. Dear Both Nguot:

    Thank you for shedding the light on our National Transitional Constitution and the decrees that were issued by the president Kiir in regard to the withdrawal of the powers he delegated to his vice president Dr. Riek Machar. You have precisely asked a question which was in every South Sudanese’s mind. It is true that the president did not inform us when he and his advisers delegated those powers to the vice president Dr. Riek Machar.

    I wonder, Why would he (Kiir) inform us now when he decided to withdraw those powers from the vice president? What is the motive of conveying this information to the public now? Something is very fishy indeed. There is a saying that if we all think alike, then someone among us is not thinking at all. I believe that someone between Kiir and his advisers is not thinking at all, therefore we are losing our night sleep over their meaningless presidential decrees. The truth has to be told. President Kiir should fire all his presidential and personal advisers because their advice is toxic and dejecting to public.

  10. Dr.Duol Tut says:

    Dear Both Nguot and Fellow Country men and women,
    I believe Mr. Both Nguot misquoted the articles in the Transitional Constitution, 2011, the laws of the Republic of South Sudan. It is article 104, clauses(1), (2), (3) & (4) which talked about the Appointment and Removal of the Vice President whereas article 105, clause (a), (b), (c) and (d) are are articulating the Functions of the Vice president. Article 106:a, b, c, d is for the Vacancy of Office of the Vice President respectively. see Pge: 57 & 58 for a quick look.

    I highlighted those articles for clarity to many of you who have no privilege to get a copy of the Transitional Constitution, 2011. As a matter of fact, I hope most of you are aware that the constitution gave the president power to remove the vice president as he wishes, leave alone reducing his power. I strongly believe that the president and his advisers are plotting to remove Dr Machar but reserved to test his public support. I called the decree technical removal because according to word delegated powers as was referred there in order, the president can delegate any powers to any other minister which are duly to be for VP.

    for example, what will happen if the president delegated the minister of cabinet affair to chair the cabinet meeting in presence of the VP? Is that not a delegated power? How will the public perceive that scenario? VP should think twice. He has been given a choice between two… either to work under direct humiliation or resign, that is my opinion.

    Has any of you heard such a scenario in the world issuing a Republican Decree citing withdrawal of duly delegated powers? These few questions are enough for your weekend analysis. Peace be unto South Sudan.

  11. Dengdit says:

    Both,
    Well spotted! This is even more glaring evidence of the incompetence of those surrounding the president: they couldn’t even quote the right article! On the flip side, it might be that the president was desperately trying to look for a way of disguising this totally unnecessary and unstatesman-like action and failed to find a good excuse!

  12. Deng kouch says:

    A massage to tribalists people. South Sudan is not for for Dinka or Nuer people, is for all tribes within in South Sudan, as our blood is still dripping for it .

  13. Dear Dr Duol, my discussion is not out of Constitution, if you have that copy of Transitional constitution, please check your copy and find out whether your acquirement is true or not, otherwise yours is different. Here are some of the areas you will cover.
    Contesting Acts of the President:
    104. Any person aggrieved by an act of the President may contest such act before:
    (a) the Supreme Court, if the alleged act involves a violation of this Constitution, a state constitution, the Bill of Rights, or the decentralized system of government; or
    (b) any other competent court of law, if the allegation is based on any other legal grounds.

    Appointment and Removal of the Vice President
    105. (1) The Vice President shall be appointed by the President subject to approval by a two-thirds majority of all members of the National Legislative Assembly.
    (2) The Vice President may be removed by the President or by a decision passed by two-thirds majority of all members of the National Legislative Assembly on a vote of no confidence.
    (3) If the post of the Vice President falls vacant for any reason, the President shall appoint a replacement.
    (4) The Vice President shall fulfill the conditions of eligibility for the office of the President as prescribed by this Constitution.
    (5) To assume office, the Vice President shall take, before the President, the same oath taken by the President as prescribed by this Constitution.

    Functions of the Vice President
    106. The Vice President shall perform the following functions: 36
    (a) act for the President in his or her absence from the country;
    (b) be a member of the Council of Ministers;
    (c) be a member of the Security Council; and
    (d) perform any other function or duty that may be assigned to him or her by the President.
    Vacancy of Office of the Vice President
    107. The office of the Vice President shall fall vacant in any of the following cases:
    (a) relief from office in accordance with the provisions of Article 105 (2) herein;
    (b) acceptance of his or her written resignation by the President;
    (c) mental infirmity or physical incapacity based on an official medical report submitted by the Medical Commission to the Assembly for information; or
    (d) death.

  14. Dr.Duol Tut says:

    Dear Both,
    I don’t need to drag the readers from your general concept from initial intention of your elaborate articles. I was just trying to direct their conscience. All the articles remained as I stated above. In the constitution 107 is about Presidential Advisers.

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