Home | News    Tuesday 21 December 2010

Sudan’s SSRC working on response to legal challenge before constitutional court


December 20, 2010 (KHARTOUM) – The South Sudan Referendum Commission (SSRC) said on Monday that it has received a formal notification from the Constitutional Court regarding two legal challenges filed before it that raised fears of a delay to the key vote that is due to take place in less than a month.

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constitutional court as part of their legal bid to halt a referendum on southern Sudanese independence, in Khartoum December 12, 2010 (Reuters)

Sudan official news agency (SUNA) carried a statement attributed to the SSRC spokesperson George Makeir Benjamin saying that one of the two motions challenging the voter registration process was dismissed by the Constitutional Court.

However, the judges asked SSRC to file a response to the other motion no later than Sunday December 26th. Omar Al-Farouk Shamina and Al-Hassan Ahmed Saleh were assigned by the referendum commission to conduct the necessary legal research and prepare the response, the SSRC said.

The SSRC chief Mohamed Ibrahim Khalil downplayed the case against his commission suggesting it has no legal merits.

"From what I have seen so far there is absolutely no substance to these petitions. Some are ridiculous. One of them said that the CPA was unconstitutional," he told Reuters today, referring to the 2005 Comprehensive Peace Agreement that set up Sudan’s interim constitution and promised the referendum.

A handful of legal challenges were made against the SSRC and the Sudan People Liberation Movement (SPLM) alleging violations to the voter registration process for eligible Southerners.

Among the arguments put forward by the group that the referendum law stipulates that registering the voters and finalizing the lists should have been completed three months prior to the vote. Because the Sudanese national assembly has not passed any amendments to the current law and thus the voter registration process should be deemed unconstitutional.

Three weeks of voter registration for the referendum ended this month, with more than three million people signing up to vote in the south, electoral officials said.

The Muslim north and mostly Christian and animist south agreed in 2005 to hold the referendum as part of the peace accord that ended a 22-year civil war in Sudan, Africa’s largest country. The people of south Sudan must choose between secession and staying united with the north.


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  • 21 December 2010 08:40, by Anyang

    Hell with you guys!! Be crystally informs that,all you are doing is absolutely a wastes and will not bear fruit at all.

    repondre message

    • 21 December 2010 10:48, by Gatwech

      That is bullshit,

      Where was this so-called islamic or unconstitutional court when the registration process was done in their face? Why didn’t they stopped it and alert the SSRC of its illegality?

      This (un)constitutional court should first be charged of negligent in the country’s legal process. They allowed the registration to take place and therefore should shut up their mouths when it comes to the voting of those they allowed to register.

      Anyway, the South has plans B and C. We will conduct our own referendum in the South using the Bureau to avoid obstructions which are politically cooked or declare UDI as plan C.

      War or no war, we will secede and be independent at last.

      "With ballot or bullet, South Sudan shall be free!!!"

      repondre message

      • 21 December 2010 16:21, by Jurdit Mayen

        Mr Khalil

        Your achievement is to sit on foreign fund for referendum. Eat that money and referendum is going on successfully.We have our own money in South for conducting the referendum.

        repondre message

    • 21 December 2010 13:48, by okucu pa lotinokwan

      Those unlawful layers who does not understood the CPA or Referendum law,let them go to the school again to study law which can help them in suporting sharia law in the north sudan in future, than wasting their time in reality which has already been recongnised world wide
      NCP there is no more ways or trick you can play on this south sudan referendum,south sudan is already a country wait and see.


      repondre message

  • 21 December 2010 11:04, by Pro-independence

    Wise men and women do not go for a clash that they will without any single doubt be trounced.
    Those timid and ill-bred South Sudanese trial lawyers who betray their nation for cash will not see any bit of success. Perhaps they best understand at the back of their pitiable minds that Bashir and NCP will withdraw some cash from the 9 bn dollars he has in foreign banks.
    Let the South Sudanese not engage them selves in any form of trepidation. We are already a nation. Whether they like it or not. Who knows, they might even vote for separation given the chance. The CPA has provided evidence that South Sudanese of the 21st Century are the most brainy Sudanese. Let us vote for SEPARATION...

    repondre message

  • 21 December 2010 18:54, by saban John

    Dear brothers and sisters,
    First I would like to pass my sincere condolences to our fallen soldiers. It is very unfortunate to hear such a painful news. Why southerners are still killing one another,why we don’t learn from the past.

    My message to those preaching tribalism, I want to say that it is wrong. We should not bring Dr. Riek into situation. He is innocent in this case. I am not a Nuer but I know for sure that Nuer are better than the Dinka, that is reality. You keep saying Nuer are tribalist, that maybe there but is not too much like the one of Dinka. When you look at the history of Anya nya one and two you will notice that there was a fair representation. Anya nya, Aggrey Jaden as leader, Phillip Pedak, vice, they are from different tribes. Anya nya Two the same thing.

    When you look Spla, the first is John Garang, Kerubino, William. Why all are dinka in the first and second if you are not tribalist? how many tribes are in the south. Even after william Nyuon is Salva, arok thon arok, this are all Dinkas.

    You rape girls and women by force infront of their parents. what is this? how can you do that to your fellow southerners? aren’t this the people you are suppose to liberate? I wonder. I thought you guys stop, but still i called back home every week and hear that the Dinka rape a girl or if a girl does not want to marry them, they kill like what happen some few months ago where 11 family members from equatoria were killed innocent. And the girl was not refuse to marry him but the father said let her first finish her last year of school. The problem of Dinka is that they support each other no matter what. they don’t correct each other. This act will later on bring serious war if itis not stopped.

    I am a not tribalist, I have friends from Dinka, Nuer,equatoria and other tribes and I tell any of them directly about this things and they admit that it is wrong. Let us start to love one another and see each other as south sudanese not as a shilluk, a Bari, a Nuer a Dinka or a Latuka and so on.

    Anyways, I condemned those who try to sue the SSRC. South Sudan will go no matter what, whether with peace or with bullets. Please SSRC staff, Never listen to the accusers, they are losers.

    May God bless all and Merry Christmas

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    • 21 December 2010 20:43, by humanbeing

      to my friend who pretend himself that he is not a tribalist, he is one hundred percent like talking about tribalism. you will not understand spla rank. Dr garang was choosen by those spla you just mention, it was not base on tribalism but people who joint spla first and with experienced, kuribino and nyuon bany they are best fighter in term of planning attack or tactic in frontlines, anyone was choosen base on his talent. what i do not about you, is when you were born because, i think you are think prematurly about you are talking about it. go back to elders that know revolutionay very to educate you before, you just throw your message on this discussion board.

      repondre message

      • 21 December 2010 22:20, by saban John

        Brother Humanbeing,

        Thank you so much for stating that am hundred percent tribalist and that I am young to understand the history of spla. Are you saying older people are the one who know history better than young people? you don’t know how old I am and why I say what I say. I am in my 60s and I have been to Ethiopia myself during the writing of position paper. there we have 3 camps,Bilpam under Gordon Koang, Adura, John Garang and Buktung under Gai Tut and Akuot atem. position paper was prepared by Akuot atem after he is been selected as leader. was rejected after presetnation to the ethiopian government as it was against charter of african union and policy of Mengistu.

        The General who advise them to write another position paper based on united socialist oriented sudan was by the name of Mesfin, he was ethiopian chief of staff and I shake his hands in person. Joseph Oduho made a special appeal to John Garang to write a position paper for the would be movement that is not contrary to ethiopian policy and that of african union and Garang accepted to write a paper which was accepted. spla/m was born on that day.

        with regards to talented people, we havethose of Gordon Koang there, Gai Tut and politician Joseph Oduho, this are well talented poeple and were higher in rank than those you have mention.

        Those of Modi Gelario, was a Colonel in Sudan armed forces and General in Anya nya one, higher in rank and experience than those you have mention and even many more.

        one Anya nay one was form, they make sure that tribal representation is there. one tribe cannot be the first and second. it is would make it to be a tribal movement. So brother, supporting wrong things will haunt you in the end as said in Bible. If am wrong and you are right, it is God to judge. I will not argue some more.

        Salva Kiir, Madut arop, Gordon Koang, and many other leaders know what am talking about, and I know them in person and they know me as we were ttere with them.

        May God bless you my son or brother

        repondre message

        • 22 December 2010 00:52, by humanbeing

          indeed brother thank you for reponse, now you are sound logic with good experienced, with your age etc, you should be a good advise to young people and people without experience about spla, however, your previous article was base on tribalist thinking, for instance, you are talking dinka raping girls in front her parents which is very challenging to your experimental people like you, i am challenging you base on your statement, make youself to be good advisor rather than being element of the division.

          repondre message

          • 22 December 2010 03:11, by saban John

            Dear Humanbeing,

            Thank you so much for your kind and mature response. You are the kind of a person I can listen to. The reason I said that is because I thought those things would end after the signing of CPA but until todate they are still dong the same thing. I am not saying all of them but if those who don’t do it support the issue, it becomes all of them. Like Martin Luther once said those who don’t condemned bad practices against black are part of the oppressor.

            I have friends from Dinka and some of them are truly honest, one of them told me that, the problem with his people is that they support each other does not matter whether or not he is wrong. And as an elder, I advise him to discourage that and if he sees something wrong from my tribemates, he will tell me about it and I will work toward ending that. Supporting bad doing is something that wold drag our beloved country down.

            I very much again appreciate your comment. May God bless you my son.

            repondre message

  • 22 December 2010 07:44, by James Garang

    Saban. you are a old person who have experiences but my surprise on your statement is this why you bring different case on this line? because I see we are talking about referendum and now you are appear with tribalism case.
    So now I realize your need but is not the right place to be discuss. Thank
    But now I return to the case of referendum. The referendum was agree to be done on time in 2005 agreement and we are stay in all these six years together with those gangs layers. my question is this. what they are doing in all these six years without setting the a suitable law that they want and pass? why they stay quite in all these time and when they see referendum is goingon well. they are come up with nonsense law. so we Southerners we will not listen those nonsense ideas

    repondre message

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