Home | Comment & Analysis    Tuesday 6 November 2018

Juba City Council: Where does it fall between the State and National Government?

separation
increase
decrease
separation
separation

Adv. Beny Gideon Mabor

This serves as an advisory opinion to urgently clear the dilemma on the status of Juba city and its supposedly management and administration. For far too long, I have observed total non-compliance with provisions of the Transitional Constitution of the Republic of South Sudan, 2011 as amended. Neither the National Government nor the state had ever thought to address this matter.

For now, as many of you are aware, the great city of Juba falls under the jurisdiction of state government including the appointment of City Mayor and deputies by the State Governor, the legislative council and entire administrative units without any involvement of the national government. However, no one ever dares to ask as to where the State Government gets such authority from?

Without proper intergovernmental linkages as provided under article 50(4),166(1) and (2) of the Transitional Constitution read together with the provision of section 15 of the Local Government Act 2009, the current executive powers used by the State government over Juba City are unconstitutional.

In an express term, article 50 (4) of the Transitional Constitution provides that "the city of Juba shall be National Capital of South Sudan and the seat of the National Government. Its territory and administration shall be "defined" and "regulated" by law.

What is the interpretation of the above-mentioned article? It means that Juba city is a"National Capital Territory" and exclusive legislative and executive competence of the National Government as clearly defined by Schedule (A) item 54 and 55 of the Transitional Constitution which provide National Government with legislative and executive powers over National Capital Territory and names of state, state capital towns and boundaries. It also means that the management and administration of the national capital territory is a function of the National Government and not the state.

Notwithstanding the fact that Juba city serves as twin National Capital City and also the seat of the State Government, it is a matter to be addressed by law which includes demarcation of the National Capital Territory and the land that shall belong to the state government so that there is a boundary between the two governments. This is the law referred to by the provision of article 50(4) above which has, in fact, overdue since 2011. The primary initiator of this bill is the National Ministry of Land, Housing and Physical Planning but they have not done it until date.

In conclusion, I advise the National Government led by the President to correct this violation of the constitution by taking over the control of Juba City as National Capital Territory including appointment of City Mayor, and deputies and other relevant management bodies, pending enactment of legislation stipulated by article 50(4) of the Transitional Constitution.

The President is vested with competence under section 20 of the Local Government Act, 2009 which in summary mandated the President to establish local government councils including types of local government council, its territory, boundaries and leadership upon submission by the Chairperson of the Local Government Board in consultation with concern state government.

Beny Gideon is an attorney and South Sudan Human Rights Commissioner and can be reached via: benygmabor@gmail.com



The views expressed in the 'Comment and Analysis' section are solely the opinions of the writers. The veracity of any claims made are the responsibility of the author not Sudan Tribune.

If you want to submit an opinion piece or an analysis please email it to comment@sudantribune.com

Sudan Tribune reserves the right to edit articles before publication. Please include your full name, relevant personal information and political affiliations.
Comments on the Sudan Tribune website must abide by the following rules. Contravention of these rules will lead to the user losing their Sudan Tribune account with immediate effect.

- No inciting violence
- No inappropriate or offensive language
- No racism, tribalism or sectarianism
- No inappropriate or derogatory remarks
- No deviation from the topic of the article
- No advertising, spamming or links
- No incomprehensible comments

Due to the unprecedented amount of racist and offensive language on the site, Sudan Tribune tries to vet all comments on the site.

There is now also a limit of 400 words per comment. If you want to express yourself in more detail than this allows, please e-mail your comment as an article to comment@sudantribune.com

Kind regards,

The Sudan Tribune editorial team.


The following ads are provided by Google. SudanTribune has no authority on it.



Sudan Tribune

Promote your Page too

Latest Comments & Analysis


Sudan’s Constitutional Declaration was reduced to absurdity 2019-08-13 20:31:25 By Mahmoud A. Suleiman After paying tributes to the martyrs and hoping healing for wounded and offer sincere greetings to the rebellious Sudanese people who are inevitably victorious, having (...)

Options and opportunities for SPLM-N al-Hilu to join Sudan’s transition 2019-08-13 20:06:06 By Ibrahim B. Musa Despite the initial signing of the political on July, 17th, 2019 and constitutional declaration on August 4th, 2019, as well as the previous exhausting efforts made in (...)

Can Sudan achieve peace and democratic transition? 2019-08-13 07:37:28 By Rosalind Marsden Sudan has a unique opportunity to embrace democratic transition but there is no room for complacency. Comprehensive reforms and a united democratic front will be key to (...)


MORE






Latest Press Releases


Sudanese lawyers and Human rights defenders back calls for civil rule 2019-04-26 10:22:06 Press statement by 55 Sudanese lawyers and Human rights defenders on Sudan Sit-in and Peaceful Protest Khartoum -24/04/2019 We, the undersigned (55) Sudanese lawyers and human rights defenders, (...)

South Sudan’s Lafon youth condemn killings of civilians by Pari community 2019-04-03 21:54:29 Press Statement on the Fighting between Pari/ Pacidi and Lotuko/Lokiri on 24/3/2019 Release by The Lafon County Youth Union: We, the Lafon County Youth Union hereby condemn the atrocities and (...)

Joseph Malwal Dong joined the SPLM/A -IO 2019-04-02 08:35:02 SPLM/A (IO) Press Release 1/4/2019 On Hon. Joseph Malwal Dong Joined the SPLM/A (IO) The leadership of the SPLM/A (IO) would like to seize this precious opportunity to announce to members and (...)


MORE

Copyright © 2003-2019 SudanTribune - All rights reserved.