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Petition against Lakes state’s caretaker governor

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Open letter - 22 May, 2013

To: The Speaker of the Council States of the Republic of South Sudan

Subject: Petition against Lakes State’s Care-Taker Governor

Your Honour, we the under signed petitioners felt aggrieved by the decision of Lakes state care-taker governor, Maj. Gen. Matur Chut Dhuol, in relieving us from our duties as state ministers, commissioners, etc. We do hereby express our dissatisfaction by means of this petition and submit to your honourable council of states, as article 59 (b), (e) and (h) of the National Transitional Constitution, 2011 provides that the council states shall be a custodian of the transitional states’ constitutions, which means that it is the watch dog in protecting the states constitutions.

This petition is presented before your August House as article 101(s) of the National Transitional Constitution, 2011 was violated by the care-taker governor.

The article provides that: the president shall appoint a state care –taker governor who shall prepare for elections within sixty days in a state where the governor is removed in accordance with article 101(r).

In the light of the above provision, we submit to your honourable council our petition on the following grounds and issues:

  • Our removal from the state executive was illegal as a care-taker governor within the meaning of article 101(s), he has no competence to exercise the powers conferred upon the governor under article 165 of the National Transitional Constitution that he relied upon in his gubernatorial decrees attached. Article 165, of the National Transitional Constitution that Maj. Gen Matur Chut Dhuol relied upon in relieving us was not applicable to a care-taker governor but to the governor elected by the residents of the state. Article 165 (1) provides that: there shall be a governor for each state elected by the residents of the state in compliance with the requirement prescribed by the national elections commission and in accordance with this constitution and relevant state constitution. Article 165(5) states that a state minister may be removed by the governor or on a motion against him/her and supported by two-third of all members of state legislative assembly. Therefore, both his relieves and appointments decrees could not stand as they lack constitutional basis that support them. Gen. Matur is not the governor, but care-taker governor, and the distinction between the two is very clear.
  • The care-taker governor Maj. Gen. Matur Chut Dhuol in his decision to reshuffle the state government was one of the major political activities that he had no capacity to do, even within sixty days or after the expiration of sixty days, because his constitutional mandate is only to organize elections within sixty days. Therefore anything that the care-taker governor does after the expiration of sixty days is illegal as his existence in the office itself is unconstitutional and any decision passed by that unconstitutional regime was null and void and had no legal recognition whatsoever after the legally stated time frame has elapsed.
  • Maj. Gen. Matur Chut Dhuol, in his decision to relieve and appoint the Ministers, Advisors and commissioners had no legal justification, instead he was violating the constitution, he lacked justification in the sense that he was illegally in the office –after we have taken a keen study at the functions of the president under article 101, we found that other than article 101(r) and (s) which gave the president a power to remove the governor and appoint a care-taker governor with a mandate of organizing elections within sixty days there are no any other provisions that gives a power to appoint a full-time governor after the expiration of sixty days nor was there a provision that extends the care-taking period of the care-taker governor. In this respect, Maj. Gen. Matur Chut Dhuol to this date is neither a care-taker governor nor a governor as his care-taking powers had expired with the expiration of sixty days which ended on 21st of March 2013, because he was appointed on 21st January 2013.
  • The care-taker governor Maj. Gen. Matur Chut Dhuol has removed from their positions two commissioners –Yirol West and Wulu counties which was against the local government act, 2009. Even if the state constitution may provide for the removal of the commissioners by the governor, then that power would be exercised by the elected governor, not a care-taker governor .The local government act provides that the commissioners are elected by the people of the county and could be removed from the power through impeachment by the local government legislative council. This position is provided under section 51 of local government act, 2009. As a matter of practice and policy the care-taker governor did not respect the affirmative action of the 25% of the women participation in the government and public life ; he ordered a forceful leave to the state legislative assembly which was totally against the procedure and the conduct of business of the house; he appointed the Director Generals through a gubernatorial decrees, also attached, while DGs are not appointed through decrees but they are normally confirmed by the Council of Ministers after presentation of memo to the council by the Minister concerned. And to make the matter worse, all the twelve (12) DGs appointed are from one community; therefore the nature of his government has ignored the state diversity.

With the above grounds we felt aggrieved and put them before the council of states of South Sudan for consideration and to pronounce itself as far as constitutionalism and rule of law of our country is concerned. Below are our prayers your Honour:

  1. The Council of States to pronounce itself on the illegality of gubernatorial decrees that relieved us from our positions and brought others into power.
  2. The Council of States to order for our reinstatement in our respective positions as we were appointed by the governor elected by the residents of the state and in accordance with article 165 of the transitional constitution of South Sudan, 2011.
  3. The government of Maj. Gen. Matur Chut Dhuol to be declared null and void since it now exists outside the constitution.
  4. To uphold democracy, rule of law and public interest, the Council of States to give directives and orders for the conduct of gubernatorial elections in Lakes state in compliance with constitution.
  5. The council of states to issue an order compelling Lakes state government to respect human rights and the rule of law.

On behalf of the petitioners:

  • Athian Majak Malou, Unconstitutionally Removed Minister of Education, Lakes State
  • Makur Kulang Lieh, Unconstitutionally Removed Commissioner of Yirol West County
  • Akech Machek Yor, Unconstitutionally Removed Secretary General of the Government of Lakes State

Cc:

  • Office of the President of the Republic of South Sudan
  • South Sudan legislative Assembly
  • John Luk Jok, Minister of Justice and Constitutional Development
  • Michael Makuei Lueth, Minster Parliamentary Affairs
  • South Sudan Human Rights Commission
  • Lakes State Legislative Assembly
  • Lakes State Minister of Parliamentary Affairs
  • South Sudan Law Society
  • South Sudan Advocacy for Human Rights
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Kind regards,

The Sudan Tribune editorial team.
  • 30 May 2013 07:52, by Joseph Michael

    This is one of the most civilized petitions in contrast to the Athor and Yauyau ways of solving political and constitutional shortcomings. You have all the constitutional rights to take this to courts for fair adjudication. It is a total inanity to enact law that is not respected by the three spheres of government.

    repondre message

    • 30 May 2013 11:36, by Akook

      This is the document that tells us Kiir is the pres of the republic, not otherwise! If Kiir sees as his own home made paper and violates it at will, then citizens will be forced to look for their answers! Parliament of James Wani & Awet Akot a confirmed dead entity! This constitution issue if in other nations, not South Sudan, Athiaan and the rests need not to beg anyone but challenge this criminal actions in the prudent court of law!

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      • 30 May 2013 14:18, by Peter Mading

        I want to tell Athian Majak that your degree wasn’t meant to hold position of Ministry of Education forever. You need to answer yourself before God and then write a petition. You guys you need to step aside and leave chance for others to test Ministrial and commissioner posts. Unless ur greed is high that is why u behave that way. 2003/2006/2009 acts are deemed nullified and shouldn’t be refered t

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        • 30 May 2013 19:52, by Akook

          This is about the supreme law of this land being intentional violated in front all, Mr Mading! Not necessarily about your petty Lakes state politics on who supports who? The worry here is no one could hypocritically claim being above the law? Its law first then comes everyone. Saying that ACT of the constitution has been changed is an utter lie. Who do u think is the 5yr old here? Kiir needs to rule this nation with laws, no otherwise.

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          • 31 May 2013 17:27, by Magak

            You better go without making nonsense quotes, what had u put in place before u are remove unconstitutionally as u claims, u Mr. Athain fall education of lakes even if who come ll not comply with u Now claiming for election do u have money to afford it? we better be sincere when come to nation building we are all Lakes citizen who come to positions cannot better us a lot who go out ll come next.

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            • 4 June 2013 08:52, by Wunditda

              Dear Magak,
              Let’s stop idiocy guys and adopt being understandable. Athian Majak is not in position of talking about his forehead. He is petitioning against an abject violation of the constitution. Matur Chut has no constitutional powers to remove either a minister, Commissioner, DG or even a Director. It was illiterate act that shown exceeded powers with failed administration.

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              • 14 June 2013 00:52, by mawanthon

                Be aware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves. Don’t be deceived by those preaching a compromised gospel. God does not change! He gave His very best for you. Don’t be fooled into thinking that you are secure because you said yes to Jesus. You better live right. We are to strive to be like Christ. We don’t have a license to sin.

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        • 30 May 2013 22:29, by Joseph Michael

          Dear Peter, it seems that you are blindly writing. You don’t need an extra cell of brain to know the law of the land as Akook put it is being threatened with glaring impunity in our watch. How can a care taker governor reshuffle a cabinet after his 60 constitutional days elapse? Athiaan was unconstitutionally relieved from his position which he performs well in the state and given to a redundant M

          repondre message

          • 14 June 2013 00:55, by mawanthon

            The blood of Jesus covered our sins and gives us the ability to overcome them. Christ is coming back for a church without a spot or blemish. You are a freewheel agent. Avoid hell by dying to your flesh and becoming more like Christ. They will know us by our fruits not our lip service.
            They were there all this time what have they been doing to the community they claim to know now ,

            repondre message

          • 14 June 2013 00:59, by mawanthon

            The blood of Jesus covered our sins and gives us the ability to overcome them. Christ is coming back for a church without a spot or blemish. You are a freewheel agent. Avoid hell by dying to your flesh and becoming more like Christ. They will know us by our fruits not our lip service.
            They were there all this time what have they been doing to the community they claim to know now ,

            repondre message

        • 2 June 2013 06:16, by Peter Nhiany

          It is not their removal is what the petition is all about, it is the manner how they were removed. Not legal ground on the side of the care taker government to make decree to remove ministers from their duties. He hasn’t done what he is suppose to do( orginze elections in 60 days). He failed to do that, and he is busy doing what are not constitutionally his duties. Read the petition once more.

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          • 14 June 2013 01:02, by mawanthon

            community is turn into fishing gear which you false prophets use to fish with and they don’t care of what of what they were fishing with I thanks both president and the Caretaker governor to have taken such step in order to put in mind the community you talked of are more aware of what your duties are, do you know why they kept quite ?? ??

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        • 4 June 2013 08:43, by Wunditda

          Mading.....
          Athian with his co-authors of this petition are not trying to say the need to stay in their constitutional positions for life. You have misfired the point myopically. It’s time to uphold and respect the supreme document of the land and that’s why they intellectually referred any sort of activity to the State and Transitional Constitution of The Republic of South Sudan.

          repondre message

          • 10 June 2013 08:52, by Peter Mading

            It is always the habits of theoriticians to dream during the daylight. This petition has no room even in the constitution and there was no timeframe in the decree appointing caretaker Governor. Matur is a caretaker till 2015 and beyond defending on the economy of the country. National elections are not cheap compare to chiefs’ elections. Pls drop the petition and throw to wastebin.

            repondre message

  • 1 June 2013 10:04, by Mapuor

    Dear brothers,much as each is entitled to his opinion,Lakes is currently experiencing a relative calm.General Matur Chuot is there to maintain security.Elections are not possible given the financial situation of the new Republic,elections may be possible in 2015. Our Constitution contains alot of things that do not fit into our context,and that is why it is being reviewed.

    repondre message

    • 4 June 2013 09:03, by Wunditda

      Mapuor----
      You’re a real blind journalist driven into abyss of ills by your irreversible absurdity. How dare you posted this cheap comment. In reality have the government ever complained about the financial constraint to conduct by-election in Lakes State? You also need to wake up from your sleeping to see that out TC is the most powerful document and should be respected.

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      • 14 June 2013 01:13, by mawanthon

        Now which is which respecting the books that no one of them refer to it when they were in power, You either called him caretaker or whatever name you might name him people are now sleeping in a way people could sleep but with your former government of segregations this state was going to something that nobody knows.
        SALVA KIIR OYEE
        matur Chuut oyee

        repondre message

  • 1 June 2013 14:24, by Takpiny

    You have filed your case against wrong person my friends if I were you, I will complain against the president Kiir himself who removed the elect governor and employed somebody against will of the people ,even though Mr Chut breaching the rules of laws , I don’t blamed him at all because he is just doing his job ,he has a full right to fired you and hired the people who can work

    repondre message

    • 1 June 2013 14:34, by Takpiny

      con ...hard and honestly for him and people of lakes state as whole, unlike you talkative former regime ministers, mind that The constitutional post not a permanent position to any one.
      You worked for John Lat and Telar Ring as the Yirol East commissioner also you worked for Chol Tong as the minister of education and yet you achieved nothing to let people remember you .

      repondre message

      • 1 June 2013 14:47, by Takpiny

        I think your claimed of reinstated to ministry of education is a nightmare, please look for another job to feed up your kids don’t waste your time for nothing.
        Holding the government position not just of the sake of it ,but is all about to serve the public, take your rest and let other to try their best

        repondre message

  • 2 June 2013 10:44, by whatsayyou

    Makur Kulang Liei sorry, we no longer want you in the county as a commissioner, you would have ask the public opinions before involving in writing the petition.

    repondre message

  • 5 June 2013 09:59, by Tata

    Dear Petitioners, why did you copy this letter to Human Rights Commission and HR Advocacy? Were you physically tortured? Who in the office of the President you addressed this letter to? Office of the President is office space of the President including supporting offices to the office of the President. Be serious and specific.

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  • 6 June 2013 09:03, by Alias

    With due respect to the petition’s writers, my quick question is that: During the period you served within the former regime, have you even think, just think! about Rule of Law in Lakes State?! Or it is all about your positions that is where Rule of Law comes in? It is your right guys and i am supporting your civilize way of addressing your concern which not necessarily ours in Lakes State.

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  • 6 March 2017 23:18, by aaa auto spa

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    repondre message

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