Why’s the President keeping the nation in suspense, yet we’ve a Constitution (Lakes State scenario)

BY: JUMA MABOR MARIAL, RSS, MAR/25/2013, SSN;

This article is going to be very brief because it is a replica of what I had previously talked about and so far, many other commentators have had their logical opinions on the antagonistic or pessimistic aspects on the same topic. I am talking about the Care-taker ship of the Lakes state governor Gen. Matur Chut Dhuol.

To avoid some egoistic outburst from the already would-be beneficiaries of the two-months old government of Governor Dhuol, I must from the outset underscore that the man has so far performed remarkably in the area of security and with respect to taming of the criminal elements in the state. He has proved beyond any reasonable doubt that, there was indeed no political will to restore sanity in the state by the previous governors.

The establishment of Lang-cong prison camp says it all. The conditions that I have heard the inmates are being subjected to in that facility are the true characteristic of an ideal prison because, unlike previous centers (Alexic as a primary example) where the inmates are visited by their girlfriends and given the best food that they have never eaten from home until their imprisonment.

This current treatment of inmates by Governor Dhuol is in contrast and that is a true concept of deterrent and maintenance of law and order. This tells the criminal elements that, with freedom, you can enjoy a lot of things including taking your full bottle of water to the extent at which your stomach can allow.

However, at the same time even as the security aspect is contained by such stringent measures, the caretaker governor just like any of us have had so far some of his mismatches and the prime epitome of this is the ongoing misunderstanding between the governor and the state legislative assembly.

Because during his first days, he had threatened the assembly with shut down and two days ago, he sent a letter to the assembly instructing them not to debate or even do any amendments to the budget that may affect the executive arm of government or the office of the governor to be specific.

These are to say the least, some of the shortcoming traits that the caretaker governor have so far portrayed but again, they can be ratified if he get technocrats for his advisers.

Now, let us come straight to this topic of elections and not elections in Lakes state. Some opinionates have brought along several schools of thoughts on why the elections in lakes state should not be held after 60 days of Dhuol caretaker ship. Most if not all of them have cited the austerity measures, others have alluded to the fragility of security situation in lakes state and some of them do not even want anything to do with elections for several other reasons.

It is unanimous to note that the first two schools of thoughts about the austerity measures and persistence of insecurity are valid arguments but the question remains; do these factors justify the President of the Republic of South Sudan to keep mumb even after the lapse of sixty days as stipulated in the constitutions to hold the elections in Lakes state?

Of course not, why? Because, Kiir in considering the two options above would have, during the caretaker ship of Dhuol introduced some amendments to article 101 (s) of the TCSS in the national assembly to extend Dhuol governorship after 22nd March 2013. Up to now, Kiir has not done that and we assumed that he has silently extended Dhuol governorship.

Does his silence in these circumstances therefore mean a breach of article 101(s) of TCSS and insinuating that the citizens of south Sudan are taken for fools? That we don’t know how to read and interpret the provisions of our own constitution?

That when there are crisis in one side of the country, then the opportunity has arisen for the president to blatantly violate the constitution?

That we are all threatened and our rights to expression suppressed to the extent that we cannot say, sir, this is not correct?

That if there is insecurity, then it all amounted or tantamount to declaration of state of emergency where article 101(s) and other laws of our country should be suspended?

The list can go on and on and on but again, something has to be done and in fact, it is only after date 22nd March 2013 when the caretaker ship of Dhuol came to an end and no statement to that effect from the president that I realize even the legal advisory department, directorate or whatever you called it, is just but a ceremonial institution fitted for political accommodation and individual satisfaction.

How can I afford to allow the president apply the same constitution selectively while I claim to be a legal professional?

Those are rhetorical as well as food for thoughts but again, I want people to acknowledge that, we all have the right to petition the president for the violation of the constitution.

I should have been the first to do that, but guess what, our judiciary is not also trustworthy because the people there are hand-picked and any lawsuit that puts their master as a defendant has obvious outcome….. the petitioner losses.

Finally, the least the President would have done was to draft one of his decrees and extend the mandate of the caretaker governor up to 2015 and take the same to parliament for approval because I am positive, the rubber-stamping parliament would not have asked him any reason why he is bringing such an amendment at the eleventh hour.

As things stand now, we are in a quagmire but take this to the bank. The first violation of our constitution is successful under Mayardit leadership. Article 101 (s) is now useless…

Juma Mabor Marial is a Lawyer by Profession and is reachable at hussenjuma@hotmail.com

5 Comments

  1. BHORYIAAK ISAAC MAYEN says:

    i am really very grateful brother Juma, for your article, my questions are, has the relieved governor been investigated? If yes what are the results, if he is guilty then he would be arrested, if he is innocent then i see no need for elections because he should come back to his office.
    number two, despite austerity, and fragility of security climate which you said is believed to be handled only by the care-taker governor, are there potential individuals who can handle and ensure peace in the state?
    third, when the care-taker governor was taking oath of office, did the president go? Was he present, if yes what was his commitment on the elections after the stated time of care taking?
    thanks
    BHORYIAAK ISAAC MAYEN

  2. MALITH ALIER says:

    I LOVE YOUR ARTICLE, SIR. LOOK, THERE IS VIOLATION AFTER VIOLATION OF OUR CONSTITUTION. MAY BE WE WILL LOOK FOR ANOTHER PRESIDENT WHO CAN UPHOLD OUR CONSTITUTION BETTER NEXT TIME. ON THE OTHER HAND, THIS SCENARIO IS ALSO PLAYED OUT IN NORTHERN BHAR EL GHAZAL. SHAME ON THOSE WHO VIOLATE THIS DOCUMENT.

  3. Duma Lokiden says:

    Bravo Care taker Governor Dhuol you teach these people of Lakes State to respect and abide by the rule of Law. I encourage you to do more and establish more prisons for them. they are not Animals, they are human, so they should be made to understand human values by teaching them such lessons you initiated.

  4. Wunditda says:

    It’s a tragedy Juma. A constitutional violation is a heartbreaking disaster and can paralyse the institutions. It brings a nation to its own knees. The president’s act of removing the Former Governor of Lakes State sounded constitutional as mentioned in 101 (r) of Transitional Constitution of the Republic of South Sudan. As things went by, the president started undermining the People’s Document (Constitution). It’s now establishing a fact that president removed Eng. Chol Tong on the account of his own interest. Allegedly, president was said to have removed Chol because Chol is aligning with Vice-president. So however, he brought his puppy and set him against the leftists and dissentjng individuals in Lakes State since he lost support in Lakes State, the area where he hated people too much.

  5. D_ Champion says:

    Let Gen. Matur teach them (MPs) the lesson they will not forget. They despised Eng. Chol Tong because he is a civilian and also elected. Later chol was removed and replaced with appointed military governor. Ha! Ha! What is wrong ya marasin? Did’nt you want a military governor during the reign of Chol Tong, the civilian? Maj. Gen, Take these Mps to Langcok for training. If they come back they will not steal public money again. I wonder what parliament that always discusses budget cuts.

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