Confederation Council Foundation for Africa Inc.,
South Sudan: 'White Army' militia marches to fight
From: Judy Miriga firstname.lastname@example.org
Sent: Friday, December 27, 2013 10:38 PM
Subject: Kiir or Riek: Is the 2015 Election a Definitive Contest between the Two Chiefs of the Leviathan?
- Category: Diaspora
- Published on Sunday, 07 July 2013 20:14
- Written by Santino Ayuel Longar, The New Sudan Vision (NSV), www.newsudanvision.com
- Hits: 914
- Part I: Salva Kiir Miyardit Kuethpiny
1. “...a crisis in the state that threatens national security” AND
2. a threat to “territorial integrity” of the nation.The reader should note that in order for the two-pronged legal test to be met— that is, for the Governor Removal Clause to be triggered and invoked by the President— the two elements must be met synchronously. Otherwise, the President will have no authority to act, lest he chooses, as he did in this case, to act unconstitutionally. The result would however, be different if the two elements of the test were joined by an “OR” as opposed to an “AND.” If OR, which is not an option here, then meeting one element would be sufficient to trigger the invocation of the Clause.In the case at issue, the President would not be considered to have breached the Constitution if the two elements were otherwise met (in the Chol Tong Mayai scenario). Analytically, the first element can easily be met, because violence is so rampant in South Sudan that very few states will escape from the snare of the fowler, assuming that an impugned governor’s act or omission is directly attributable to that governor at the state level.Many South Sudanese appear resigned to the fact that the President has an unfettered constitutional authority to remove an elected governor. This explains why many were not bothered when Governor Mayai was removed from his elected office without due process or procedural fairness. But the natural question that flows from this situation is, did Governor Chol’s pertinent action, inaction or negligence thereof, meet the requirements of the test? If the President was acting on the basis of the first leg (part (a) above), then one will naturally be obliged to ask whether it can reasonably be concluded that Lakes State is uniquely infested with violence, violence which threatens or appears to threaten national security overall. If this question is answered in the affirmative, the corollary to that question would again be: what elements of violence were considered to conclude that what happened or was happening in Lakes states was sufficient to warrant the removal of the said Governor? If the cited elements answer this question affirmatively, then the next question would be, were the important considerations based on a particular or more numerical occurrence of violence in the Lakes region or were they based on the magnitude of casualties resulting from such violence, or both (keeping in mind that Jonglei has the largest number of deaths resulting from violence and yet the Governor is still in office)? Once again, if the first leg of the test in the above question is entirely answered in the affirmative, the second element of the test (part (b)) will be triggered. Was the territorial integrity of South Sudan violated by the subject Governor’s action or omission?The elements of the test are inherently objective in nature, implying that the President’s impugned interpretation does not and cannot stand in the face of an objective application of the facts to the legal test. There must be something a governor must be accused of, something that is capable of shocking the conscience of the public, something which, in the interest of justice and fairness, would favour the removal of the Governor as a matter of public interest.