WHO MAKES THE LAWS IN SOUTHERN SUDAN

By: A. Gubek –Mogga, Canada

June 11, 2008; THE president of Southern Sudan sits at the top of one of the great spoils systems in democratic politics. In addition to the usual power to place allies in ministries, he has more than jobs in his gifts, including some crucial offices in state-controlled companies such as Petroleum Commission, Sudan’ powerful energy giant. The political value of these baubles is not all great since the president doesn’t have to work hard to command a working majority in the southern Parliament, where none of the opposition parties represented does hold more than 18% of the seats.

In his political speech during the convention, the re-elected President of SPLM, Salva Kirr complained of the slowness of the parliament in bringing laws to make the south function.  This was followed by excuses by the Honorable Speaker that the slowness does not lie with the assembly but with the ministry of constitutional affairs and was due to the fact that the south had not enough trained lawyers. I was befooled, and started to wonder whether our leaders really know what they are doing. Does the Honorable speaker know who in the country is supposed to make laws? In our democracy, law-making is the work of elected representatives. Although in the south the present members are not elected, they are nevertheless mandated to make laws on the people’s behalf. Judges have only the job of applying those laws to the cases that come before them.

By the president’s measure, south Sudan legislators are the lest productive in Sudan-- since coming to parliament, they have only produced 16 laws. But even that record does not seem to justify their high salaries: They earn more than their national counterparts. Southern Sudan members of Parliament make about US $ 4000 a month, which does not include family visit allotment and funds for constituencies' development, even when they do not have to do anything. In the National Assembly, members receive a much more less than $ 1000 a month, plus a housing allowance. In stable and developed African countries like Uganda and Kenya, members of the assembly make do with just less than $ 1000..The contrast is more marked at the government level, where the monthly compensation for undersecretaries the highest paid  :civil  servant is  $ 900, the Director General makes approximately $700, the majority make do with less than $ 300 a month. 

In the South it isn't enough that the members of Parliament make a lot of money, there's also been the multiplication of appointed officials, such as private secretaries, commission members, and so on. Nearly all people in south Sudan are paid to work on behalf of the public good. There are GoSS ministries, state ministries, state assemblies, the police, the armies and God knows what. There are the representatives of regional, provincial, local and municipal administrations. But the number balloons when paid consultants and political appointees are factored in. This is the Cost of our Democracy. By this estimate, the cost of paying elected officials and of financing political parties is at least in billion a year.

Compared with other government sector compensation, paychecks for appointed representatives can be seen as conspicuous. They're overpaid and don't have a lot to show for what they earn. In the end we're paying for everything, from bodyguards and chauffeured SUV’s to houses and homes in foreign countries. Politicians are supposed to care for their country, but it seems to me it's more about personal interest. The real concern is the message that young people get from their lawmakers about the protected public sector. It's as though they're saying go into politics, it's the best paid job for the lowest effort.

Then again better late than never. Since the discussion on the weakness of our assembly came out, however I would like to correct the picture of the work of members of the assembly lest it be taken wrongly by our young 

Anyway, in the absence of any standard for Southern Sudan Politicians, whether in government or the opposition, I thought this might prompt some of them into trying to think like this: I have a duty and these include the following:

A Member of Parliament is first and foremost a representative of the people and accountable to those who elected him/her. They must see themselves as working for the common good of all south Sudanese, or perhaps primarily as a law-maker, and still emphasize their role as government watchdog or a player in partisan politics.

In fact, an MP has many job descriptions, including legislator, negotiator, ombudsman, policy analyst, public speaker, and diplomat.

To perform these duties, Members carve a well-worn trail from the House to caucus and committee rooms, and parliamentary and constituency offices.

In the Chamber under the eye of the television camera, MPs take their seats in the House.

For debates in the House, Members draw on the opinions of their constituents, caucus, parliamentary researchers, special-interest groups and regional interests, as well as their own personal convictions. House debates therefore should reflect diverse southern Sudanese views. Most debates lead to a vote, whereby MPs vote for or against bills, or to amend them. Committee work requires that Members be familiar with a wide variety of complex issues and hear from experts, including government officials, affected individuals, special-interest groups, business people, academics, and professionals such as lawyers, accountants and economists. There are about 20 permanent or “standing” committees, as well as special and legislative committees set up to consider specific issues and bills. Mr. Speaker, we don’t have to wait for the ministry of Constitutional affairs for laws!!

As a member of parliament one is supposed to listen to and act on behalf of the people, attend sittings of parliament, study reports, proposals, complaints and petitions.

Present debate and vote on new laws and changes to existing ones, sit on select committees to look at bills before they become law, attend meetings and public events,

Make speeches and give interviews to journalists, be in charge of a ministry or government department ,work with various departments, ministries and ministers to develop policy ,hold a managerial or administrative position in parliament such as junior or senior whip (the person who manages a party’s MPs). Again there were needed requirements for our member of Parliament. Did our leaders look at Personal requirements and Skills & knowledge of the members of parliament they appointed?

As in some countries like Canada, to become a Member of Parliament one need to have the knowledge of political, economic, social and cultural aspects of south Sudan or the Sudan, the life and knowledge of the region they are representing.

One needs to have the knowledge of official parliamentary procedures with excellent communication and listening skills, good in  public-speaking and debating skills ,decision-making ability, planning and organizational skills and finally  negotiating skills and skill in interpreting and evaluating information.

I don’t think our leaders did look at these qualities in the individuals they appointed and are requesting that they make the necessary laws. 

To be a Member of Parliament you must be able to gain people’s trust, make good judgments and work well under pressure. One must also be motivated, responsible and able to lead others. To be a Member of Parliament one must have clear speech, a tidy appearance and a good level of stamina.

Take me right, there are no specific tertiary educational requirements needed for member of Parliament. Members of parliament should not take on any other jobs other than working in offices at parliament, and in their own home or regional office. They visit various businesses and organizations, and travel to meetings, press conferences and promotional events in the country and overseas. They may have to be away from home for days at a time.

There is a lot of stress involved, as members of parliament are in a position of high responsibility.

For Members of parliament to make laws in a country that has no working laws, they must work long and irregular hours, including weekends and evenings.

Members of parliament work in a team. They have contact with the public and they interact with other members of parliament, staff and journalists, government departments and interest groups.

Members of parliament can progress into senior roles within their caucus (the members of parliament in their party), such as the chairperson of a select committee, party whip, front bench positions, and deputy or party leader.

If the party they belong to is in government, members of parliament can also become parliamentary under-secretaries, ministers outside cabinet or cabinet ministers.

I wonder how many of our candidates would fit the skills and knowledge specifications!!

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