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Sudan Tribune

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Raw on Constitutional Review Committee

By James Okuk

January 26, 2011 — I don’t think both Dr. Peter Adwok Nyaba and Mr. Gordon Buay got it right when it comes to reference to the law. In my humble understanding, quoting the numbering of the final communique of “All Southern Sudanese Political Parties Conference”, October 13 – 17, 2010 in Juba does not amount to law. They would have better quoted an article of law, instead (be it constitution or statutes or acts or etc) to justify your offence and defense of GoSS President Kiir Decree of Formation of 24-Person Constitutional Review Committee under leadership of Minister John Luk Jok. An article of communique is not the same as an article of law, right?

Thus, it would have look pretty better if both of them argued on the basis that Pres. Salva Kir violated one of the the resolutions (not law) of the above-mentioned conference summarized in the final communique under the sub-title of Issues Raised by the Decision of the South in the Referendum, which says: a) In the event that separation is the choice of the people of Southern Sudan in the referendum: i) GOSS shall establish a National Constitutional Review Commission to review the current Interim Constitution of Southern Sudan for adoption by the SSLA as a transitional constitution; ii) GOSS to convene an all party constitutional conference to deliberate and adopt a constitutional system for the new independent and sovereign state in Southern Sudan; iii) The constitutional conference shall discuss and agree on the formation of an interim broad-based transitional government, under the current President of the GoSS, H.E. Salva Kiir Mayardit, after the end of the interim period; iv) The transitional government shall be charged, inter alia,with the duty to conduct population census and general elections for a constituent assembly that shall promulgate the permanent constitution; and v) The constitutional conference shall decide on the length of the interim period necessary to carry out general elections for the constituent assembly.

According to to these articles of the communique (not law), GoSS has been given the mandate to “establish a National Constitutional Review Commission” and other mentioned etcs. Who is GoSS? It is the public institution that is now headed by H.E. Salva Kiir in Juba. Now, the decree that was issued by H.E. Kiir was not about formation of the mentioned “Constitutional Review Commission” in the communique but only a “Constitutional Review Committee.” May be the formation of the Commission will come later to fit the agreement reflected in the above-mentioned Conference’s final communique.

To be pragmatic, the best way to go about this issue is for every political party or a coalition/alliance of political parties of South Sudan to form their own “Constitutional Review Committees” as well to start drafting the Constitution of the Republic of South Sudan like what the SPLM is trying to do so that those drafts could be presented competatively to the Review Commission that shall be formed soon as part of the agreed post-referendum road-map that has been revealed by H.E. GoSS Vice President Dr. Riek Machar recently. Complaining fold-handedly without coming up with a solution does not help much. If there is no trust of working together, let every political party/parties try to work for South Sudan on their own until the significance of developing and maintaining that unified trust becomes sensibly pressing for all.

Dr. James Okuk acn be reached at [email protected]

6 Comments

  • Facts Check
    Facts Check

    Raw on Constitutional Review Committee
    Yaa Okuk!

    Why are you not calling or emailing Dictor Adwok and Mister Buay instate of yapping on the internet? Do you realise that the Shilluk seems to be the only ones sharing with the public how much they hate each other? I pity your small tribe full of useless doctors! As a ratio the shilluk has most highly educated people in South Sudan proper (or the Abyei people in South Sudan at large).

    I don’t know why you okuk study this stupid and useless degree call political science like many Southerners abroad? You should have become a real engineer (not the Charles Kisinga type of engineer which is also useless) so you can build south sudan.

    I am sick of it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    Reply
  • Paul Ongee
    Paul Ongee

    Raw on Constitutional Review Committee
    Fact Checks,

    James Okuk & Gordon Buay got their Ph.Ds in denigration. Those kinds of brains read and analyze things upside down.

    Paul Ongee
    Khartoum, Sudan.

    Reply
  • DOOR
    DOOR

    Raw on Constitutional Review Committee
    I couldn’t agree with you both. How could you pour a venom on this noble intercourse of minds by both Dr Okuk and Gordon Buay?
    There is nothing worthwhile than expressing your noble view on national issues.
    Iam urging you to read between the lines if at all you could read and understand.

    Reply
  • maroof
    maroof

    Raw on Constitutional Review Committee
    Brother James,
    I do not know the motive behind your written opinions, however, I assume the reason for your articles is to partake in a national forum in order to inform the public. If that is the case, I have a question for you. Why do you get involved in a discourse that is not a priority right now? You have been talking about who should raise the flag of the new country, you responded to Steven about the name of the independent South as well as talking about political participation in the review of the constitution. The reason I bring the above question up is that people like you should participate in a discussion that enlightens the public such as the need to pressure representatives to commit to democracy, disadvantages of corruption, security, services and son on. I hope you stay above the fray next time. You know very well constitution of great countries such as the United States was not written by many people. Having said that, the irony is that nobody complained when the SPLA/SPLM was fighting in the bush without the so called opposition parties. Also, when the SPLM was forcing the NCP to allow the referendum to be conducted on time, the opposition parties were talking about corruption and dictatorship in the South. Clearly, some politicians put their interest above the interest of the poor people of South Sudan, wow, I thought this a revolutionary time!
    Thanks.

    Reply
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