Presidential decrees as a weapon to silence the opponents

BY: Kabarika Lokang Loliha, TEXAS, USA, JAN/23/2013;

History teaches us that the men of power are feared but not respected. To bestow your interest in the country as a leader, one must have an able hand to do the impossible. In the current world democracies, the decrees issued by leaders are not to collide with the country’s constitutional laws. Unless in a country like South Sudan where the President is both the head of the constitution and the head of state as well, where the use of degrees is regarded as legitimate in the eyes of those whose interests have been served.

The uses of Degrees as recently seen used by the President of the Republic of South Sudan is nothing but an ambitious mind control politico-ecology aimed at silencing those who would have risen to challenge his authority. The relieving of many Generals by the President portrayed how Kiir and his cronies have become fearful with the military leaders following last year’s attempted coup by the rogue military personnel.

Who would have thought that long-timer military fellows would abruptly be discharged without a clear warning from the Commander-in-Chief? Unless there are reasons hidden somewhere away from the public, the President should come forth to clarify the entangled incident to the citizens.

As the already decreed relieved Generals may be thinking of what they will be doing next, it’s now clear that the people of Lakes State are in public dismay thirsty for explanation on how their democratically elected Governor was sacked. The news flies across the globe in seconds, but the mistakes one person took to deprive the citizens their right to hear what is due to them will be a permanent stamp in the leaders resume on how he/she uses this leadership power.

If the people put a person in power, the same people have the right to be convinced on how their elected leader was fired from his active duty. The president may have the ultimate right to demote or relieve generals from their active duties, but his executive power is a breach of law to authoritatively remove democratically elected leader from his post.

What differences would it served if the president has all power to appoint, discharge, or to demote the person he doesn’t share goals with if we call ourselves Democratic Nation while practically using authoritarian power to dismiss people at will?

The selection of those constitutional articles was a big time process the nation of South Sudan ever faced. Drafting the constitution on the interest of high ranking members of the party was an idiotic thing our beloved Republic of South Sudan would live to regret.

We have just emerged from a period of more than two decades war but to find ourselves being intimidated by the very same politician we entrusted to safeguard the rule of law and implementation of our country’s constitution. These recently decried degrees did not happen by accident, but because the administration might have gotten into politically uncomfortable situation.

Their relief from their duties was a systematic political calculation the president has used to gain a fresh favor from those juniors promoted to hold those big posts.

The rule of an authoritarian government is simple, punish those you don’t get along with and reward those that are sympathetic to your course of action. The world did it and Mr. Mayardit is no exception to refrain himself from this politically sensitive scheme.

This current administration being embroiled with numerous tribal and regional conflicts with Sudan, the very first thing that Mr. President needed to do is to maintain security and encourage development in the country. The leaders will be judged by what they stood for and what they have achieved in their lifetime leadership.

To lead without a challenge is not good for democracy. With political challenge comes determination to do better on how the country ought to be governed. Mr. Kiir has to acknowledge that whether he is advocating for totalitarian or authoritarian government, it is impossible to please everyone even if you are effective or ineffective. But to maintain the minimum support of the majority is a paramount concern of becoming a People’s leader.

Machiavelli once asked: Whether it be better to be loved than feared or feared than loved? The real leader may wish to combine both though it is much seen as good to be feared than respected.

The sacking of democratically elected governor underscored the rule and the process on how democracies function. Should the cause of his dismissal be as a result of recent tribal clashes, or is it true that the Lakes State is the only current tribally challenged state in the Republic of South Sudan?

Do the numbers of deaths from Lakes state outnumber those Killed by the Cattle rustlers in Jonglei and Eastern Equatoria states?

There is more into this unexplained fiasco. So long as the public, and especially the citizens who elected the governor to the position don’t get satisfactory reasons, the number of protests might not come to an end. END

17 Comments

  1. ISAIAh Diing chol says:

    Leader at war has to finish either he could have been killed or win the war than replaced. Lakes state governor would have been given second chance to make final instead of putting another one in that crisis.
    It’s not bad to be replace him but he was starting a process of making peace by arresting chiefs and those who were responsible for cattle raiding and killing of innocent people plus SPLA soldiers .

  2. Pres. Kiir would have first to consult Lakes state citizens, if the elected governor is not active in his duties. If former governor Chol Tong was sacked due to things connected to the recent tribal clashes in lakes state, why pres. Kiir has not sacked governor Kuol Manyang of Jonglei and Rezik Zakaria of Western BeGS, so that it be well known all over ten states of south Sudan that any state where there is tribal conflict, the governor must be sacked?
    This way, he makes himself to be neglected by lakes state citizens who have elected their governor to lead them, and now he changed it with an illegal man whom the citizens didn’t elect to lead them.

  3. Choldit says:

    Sorry, brothers, its Awet Ako, he’s the one who sack him.

  4. Ring Ariik says:

    Don’t be ignorant of your supreme law, in other words, the Constitution. Don’t just write for the sake of writing, u may end up writing nonesense. The author of this article would have made sense if he was talking about limiting the president’s powers already granted to him by the Transitional Constitution of South Sudan in the forth coming permanent Constitution.

  5. Kenyi Alex says:

    Dengor Akuei,
    Thanks for that brilliant comment. It means that the president looooooves citizens of Lakes State more then the Citizens of other States. By neglecting to Remove both Kuol Manyang Juk and Rezig Zakaria for the atrocities worse than that of Lakes State, but, quickly removing Chol Tong of lakes State, means he has more love to some citizens at the expense of others.

    Or this means no democracy… he put him to the power and has the power to remove him. Democratically, the Citizens of Lakes State would have raised an alarm of Vote of no confidence and call for fresh election. Isn’t it?

  6. Joseph says:

    Chol Tong plus other SPLM members are the ones who passed that Constitution which allows Pres. Kiir to fire elected governors and dissolve state elected MPs at will and Kiir can appoint now ones… period.
    Bravo Kiir, now you need to fire Wani Igga and other goons in parliament. Let this be a lesson to SPLM so that next time there will be inclusion of other parties. SPLM thought that constitution is to be applied on stones but not on them.
    God be with you, Kiir, son of great man.

  7. Joseph says:

    In case Pres. Kiir, if they continue with their nonsense, fire the whole of lakes state and appoint people who are nationalists. Or even dissolve the whole government of Republic of South Sudan and bring in new guys who can serve this country with integrity.
    Shame to uneducated leaders who passed the constitution of the Country without analysis of the outcomes.
    The next constitutions shall be made too academical so that these semi-literate leaders do not understand the content.
    Good Job MY president and RULE forever or 21 years.

    • Kabarika Loliha says:

      Mr. Joseph,
      By endorsing these totalitarian remarks, we are encouraging Kiir to care less about the Balance of power in the government. When the President is free to do as he wishes, a lot of bad things happen because there is no room for Check-and-Balance in how the Three arms of government operate. That to say, the Legislative and Judiciary would have to operate at the mercy of Executive power. I think we are way ahead to condone this act of empowering a one-man policy.

      • Joe says:

        Kabarik,
        I think Joseph has made a point in that We in the SPLM including Former Governor Chol passed the Constitution that provided those powers to the President and the President has not gone out of the Constitution. The question that why has the President applied the same to Mr. X and not on Y does not arise. The President has intelligent instruments that have supplied him with Sufficient reason to remove X and not Y. We in SPLM should accept when applied on us. We shouldn’t think that we made those provision to be applied to somebody else.

  8. Ernest says:

    Well stated Joseph. your statment is full of sense and rich in Analysis.

  9. Choldit says:

    That is the last kick of the dying horse whether or not kiir is going in the near future. we the veterans are tired in defending Kiir. we gave the rope to the semi-traitors of our country.

  10. wad wau says:

    Totalitarian & dictatorial decrees are stupid! Remember Saddam Hussein? Remember Mouammar Gaddafi ? Your turn is coming, Salva!

  11. ISAIAh Diing chol says:

    let him have second chance to solve that problem not different person.
    Matur chot is the military man who can not solve such cases.

  12. Thon Giei says:

    Dear commentators,
    When a system gets out of order, somebody in charge before people and God must say enough is enough and bring the system back to order. President Kiir is entitled by law (the constitution) to fire an official, the cabinet or the legislative assembly.
    Let not your opposition to the president make you blind from granting him the constitutional dues.
    Thon

  13. Lomiji Jada says:

    Indeed ! decree is a force !

  14. Guys. Wait patiently. Do not shoot arrows in wrong target! President Salva Kirr will get back to people to inform them on former Governor of Lakes State, Mr.Tong Chol Mayay’s problem. He might been recalled in office on different issues that are being known by President Salva Kirr Mayardit himslef and his INNER CIRCLE POLICY MAKERS alone in the government. His case might not have been related in inter-tribal problem in the state in Rumbek. Inter-tribal problem in the South Sudan has become a chronic affair to people most!

    But if his removal from office will not be known as inter-tribal cause in Lakes State in Rumbek, President Salva Kirr, will be responsible for his loss of his job in the state government in Lakes State in Rumbek! The president Salva Kirr, has no right to involve in administration on state government affairs and local government affairs in the country.

  15. Let us beat a drum of reality, mr. kiir is very capable of dealing with unwanted weeds in the system. To prove this, when the decree was issued on state-own television, the degree revealed that the sacked governor’s reason for his removal is unknown yet quoted that “the deputy shall reign as a caretaker governor until further notice and measures are taken,” this mean that kiir can appoint another person or even re-appoint the former governor Chol Tong mayay…

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