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Analysis: South Sudan Government is at stage of Collapsing!!!

By Peter Gai Manyuon

July 2, 2014 (SSNA) -- Absolutely, the mass killing coordinated by individuals in Juba on the December 16th, 17th, and 18th 2013 justified the failure of Juba Government. The number of people who got killed in Juba, Malakal, Bentiu and Jonglei is far too large. Who can deny the fact?

The current fighting that escalated to states have affected each and every one in South Sudan, no family will say, they have not lost human being unless those who called themselves neutral might have escaped the death but what I know so far is that, they might have been affected morally, psychologically and economically as well if am not mistaken. The numbers of Republican decrees issued out by the President Mayardit justify the failed administration. The recent announcement by fund for peace the Washington non-profit organization justified as well what kind of leadership South Sudan is having in this 21th century. Who to blame?

Based on your logical thinking as individual, what kind of government is in the Republic of South Sudan? What come to your mind, when you analyze the government in Juba? Do you see really picture of the people government or do you see a tyrants government composed of people with dirty backgrounds and records? When you see what is taking place right now, the manmade catastrophes that are going on in the new nation, what come to your mind?

Hence, after having viewed and internalized the policies and regulations of Government of Juba, I failed to capture what Mayardit is after up to now. Many people have been killed, tortured ,displaced and raped as well and moreover the President do not see the future of the people of South Sudan but seeing what to benefit the stomach is the only motive and mission. What a shame?

What kind of government is that on earth?

Well, for those who might not know the combination in Kiir Mayardit administration in Juba, take this right time to know from the author of this article who they really in Juba.

Furthermore, after evaluating the government of Salvatore and his small, narrowed minded Vice President known by the name, Comedian Wani Igga, you will find that, the combination of the two is a big Shame and insult as well to the people of South Sudan because their reasoning capacities are low and shallow, they don’t think about the lives of the people of the new Nation.

Secondly, the Combination in Kiir Mayardit government in Juba, most of them are the most uncivilized , half way educated , indiscipline , tyrants , tribal minded fellows who have wrong records from their constituencies. 

Most of the Cabinet Ministers are people who do not worry of the people condition rather; their main aim is to destroy the economy and the Integrity of the people of South Sudan. The main aim of the cabinet Ministers is to get money for their survival and loot good dollars for their future relaxation. When you follow the people in the system, you will find that, most of them destroyed their relationships with their communities, relatives and even their political agendas are destroyed already. I don’t know where will they go afterward? Interesting!!!!

Over view

Each and every one from the world know that, the people who brought this current mess are only two people in the Republic of South Sudan, fact must not be denied. There is need for people of South Sudan to advocate for the peaceful co-existence in the society rather than talking nonsense talks that incites the current mess that is going on.

We all know that, Juba government has failed already, what is remaining is how we should make the government to be people government rather than individual’s government. And the only way, citizen should advocate for is by advocating for their rights and aspirations regardless of tribe and political affiliations.

In Conclusion, the ideology of primitiveness and selfishness is what has taken back the Republic of South Sudan to zero level as we speak, but it is not too late to change the government that is advocating for the discrimination of some Communities in the Country. The current issue that had happened where most of the educated Nuer were eliminated in Juba by Kiir and his allies is an indication of targeting one tribe. Well in other way, it might be good for the coming of democratization processes and the respect for the rule of law and human rights. When you evaluate the world politics, you will find that, democracy came after wars and wars. No one will deny the fact about this observation and analysis accepts the extremists who do not want realities to be mention.

The author is Independent Journalist and Columnist who has written extensively on the issues of Democratization and Human Rights in South Sudan. He is reachable on This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Proposed Federal system for future South Sudan: Let us serialize it (part 3)

By Sindani Sebit

Part 3

June 27, 2014 (SSNA) -- Part 3 of these series focuses basically on the Federal structures under the Federal President (Prime Minister). These structures include the cabinet, defense and Federal law enforcement agencies. From the graphic illustration below, you will notice that the Parliament and the Judiciary is not included here because these two constitutional institutions are independent of the President (Prime Minister).

The basic idea is to enable the people of South Sudan critically understand the separation of powers at Federal level and devolution of powers to the state. It is apparent that the organized forces such as the police, wild life, internal security services, fire brigade or any form of organized forces are not part of the Federal government and thus do not constitute a part of the federal law enforcement but are rather under the state governments.

In this article the plan to reorganize the defense will not be discussed suffice to say the number of the army with be reduced to not more that 80,000 (infantry, air force and navy) while the restructuring will take into account qualification of the soldiers, age, sex and equality and equity within the federal Republic of South Sudan. This restructuring will be done by independent experts including foreigners who have experience in army restructuring. Therefore the areas that will be discussed here are the functions of the executive including the President (Prime Minister), the cabinet in general and the roles of the federal law enforcement services. The individual ministerial portfolios will also not be discussed because the intention of the article is not to specify which ministries will be established and how many but the number should be between 18 to 24 ministries. The purpose of this article is to enable everyone understand the functions of the president and the institution under the presidency and feed back with constructive suggestions.

Structures under the Federal President/Prime Minister

President/Prime Minister:

  • Cabinet
  • National Defense
  • Federal Law (enforcement services)

1. Cabinet

  • Federal Ministers
  • Attorney General
  • Chamber

2. National Defense

  • Infantry
  • Air Defense
  • Navy

3. Federal law

  • Federal Intelligence Service (FIS)
  • Immigration and customs service (ICS)
  • Drug Enforcement and Illegal Trafficking service (DEIT)
  • Special Security Service (SSS)


The executive authority of the Federal Government of South Sudan is derived from the people. This must be exercised in accordance to the constitution based on the principle of service to the people and to foster their wellbeing. The Executive shall consist of the President (Prime minister), deputy President (Prime minister) and the cabinet. The composition of the executive should reflect the regional and ethnic diversity of the people of South Sudan. This means equality and equity must be the principle on which the president should appoint the cabinet. This balance is crucial in order to create unity and avoid marginalization of some ethnic groups. Certainly not all the 64 tribes of South Sudan will be in the cabinet but attempts must be made to ensure that there is no domination by one or two tribes or regions. On the other hand equity must be observed so that disadvantaged groups such as women, the disable and other marginalized groups cannot be ignored when the government is being formed.

President (Prime Minister)

Authority of the President (Prime Minister)

The President (Prime Minster) shall be the head of State and government and commander in chief for the defense forces. These include the infantry, air force, the navy and the federal law enforcement services that include federal intelligence service (FIS), Immigration and Custom Service (ICS), Drug Enforcement and Illegal Trafficking service (DEIT) and Special Security Service (SSS). The President (Prime Minister) shall also be the chairman of the federal security council which should comprise of the President (Prime Minister), his/her deputy, the heads of the defense forces, the head of the federal intelligence service, the federal foreign minister, secretary to the cabinet and the governor of the state that hosts the federal capital. The President (Prime Minister) will exercise authority of the federal government with assistance of the deputy President (Prime minister) and the cabinet.

Role of the President (Prime minister)

The role of the President (Prime Minister) is to respect, uphold and guard the federal constitution. He/she must exercise powers vested on him/her by the constitution. He/she shall not rule by decrees but only through the articles of the constitution. The President (Prime Minister) though will enjoy the immunity of office, shall not be above the law. He/she shall promote and enhance the unity of the Federal republic of South Sudan, ensures that diversity of the people and ethnic communities are respected. He/she must protect human rights and fundamental freedoms and rule of law as enshrined in the constitution. It must be emphasized here that respect for South Sudan diversity within united South Sudan will work to enhance mutual understanding and trust among the various tribes of South Sudan and will enrich the various South Sudan cultural beliefs and practices. This will further strengthen unity and harmony among the citizenry of South Sudan.

Functions of the President (Prime minister)

Constitutionally the Federal President (Prime Minster) shall perform the following functions:

  • Address the opening of parliament and specific sittings of the parliament
  • Report annually to the nation by submitting to parliament the extent of implementation of government program and progress achieved.
  • Nominate and with approval of the federal parliament appoint or dismiss:

·         Cabinet ministers

·         Attorney General

·         Permanent secretaries

·         High commissioners, ambassadors, diplomatic and consular representatives

  • Chair cabinet, direct and coordinate the functions of the federal ministers and government departments
  • Declare state of emergency and with approval of parliament declare war. The President (Prime Minster) under no circumstance should declare war without approval of the federal Assembly.
  • Promote and enhance the unity of the nation, ensure that diversity of the people and ethnic communities are respected, human rights and fundamental freedoms and rules of law are protected
  • President (Prime minister) has no constitutional powers to remove from office any elected members of government at all levels of administration. These include

·         MPs

·         Governors

·         County commissioners

·         County counselors

The purpose here is to deny the president (Prime Minister) any powers that he/she can use to remove peoples’ elected representatives and to respect the devolution of powers to the states. This will enable the peoples’ representatives and heads of Federal states to work without undue fear of being unconstitutionally removed from office by the President (Prime Minister).

Qualification of the President

In case where the country opts for federal President, in order for anybody to be elected as Federal President he/she must be:

  • Citizen of South Sudan
  • At least must have been a government of a federal state or a senator before standing for the election of president.
  • At least 35 years of age
  • Graduate from any recognized university

Qualification of the Prime Minister

If the country opts for Prime Minister as the head of government like in UK, Indian and many federal states, the candidate for this post should be:

  • Citizen of South Sudan
  • Leader of the party with highest number of MPs in Parliament or highest number of MPs of collusion parties in parliament
  • Has been elected as a member of parliament by his party or collusion
  • At least 35 years of age
  • Graduate from any recognized university

Election of the President

The Federal President shall be elected directly by the people by universal suffrage in an election organized by the Federal Electoral Commission as stipulated in the constitution while for Prime Minister; he/she shall be elected by parliament from the party or collusion of parties with the highest number of MPs.

Vacancy in the President (Prime Minster) office

When the president dies or becomes incapacitated, his/her deputy will take over until new elections are called in accordance with the constitutional provisions pertaining to elections. However, in case of Prime Minister; if he/she dies or becomes incapacitated while in office, his/her party or collusion can nominate another member of parliament from his/her party or collusion to be elected acting Prime Minister until new elections are conducted according to election calendar as stipulated in the constitution. In case the party or the collusion of the Prime Minister looses majority or confidence vote, new national election shall be called as stipulated in the constitution.

Deputy President (Prime Minister)

He must be the principal assistant. He/she will perform the functions assigned by the President (Prime minister)and acts as President (Prime minister) during the absence of the President (Prime Minister).

Federal Cabinet

The federal cabinet shall consist of the President (Prime Minister), his/her deputy, the Attorney General and not less than 18 and not more than 24 ministers. The Federal President (Prime Minister) will nominate all proposed cabinet ministers, present them for vetting and approval by the Federal Parliament before they appointed ministers. Likewise, cabinet ministers shall only be dismissed by the President (Prime Minister) after due approval by the Federal Parliament. This is to avoid nepotism, incompetence and unqualified people being appointed as ministers. It will also weed out people who might have been corrupt or tribalistic in their previous duties. Cabinet ministers should be selected from qualified civil servants and not members of parliament so that parliament has no conflict of interest in approving the cabinet.

Conversely the Federal Parliament may propose a motion requiring the President (Prime minister) to dismiss a cabinet member only on the following grounds:

  • Gross violation of the provision of the constitution or any other law
  • Serious reasons for believing that the said member has committed a crime under federal or international law.

In such situations, the President (Prime Minister) is required to oblige. However, clear procedures for such request by parliament, shall be stipulated in the constitution.

Although cabinet ministers are accountable to the President (Prime minister), they must attend to any summons by the committee of the parliament so as to enlighten the parliament about their activities and also to be accountable for their actions. Performance contract do usually improve performance and accountability and therefore all cabinet ministers shall be required to sign performance contract at beginning of their term of office. These contracts shall be reviewed at end of every year to determine if the concern minister has fulfilled his/her obligations. Failure to do so will trigger parliamentary process to remove the minister.

Attorney general

The attorney General is a member of cabinet. He is not a part of the Judiciary. Attorney is the principal legal adviser to the Federal government. He/she represents the Federal Government in court or any other legal or criminal proceedings. He/she can be a friend of court in any proceedings where the Federal government is not a party. His/her role is to promote, protect and uphold the rule of law and defend the public interest. He can also be assigned any function by the President (Prime Minister).

The Attorney General shall be nominated by the President (Prime Minister) and with approval of parliament appointed to office. The process of approval by parliament should be done transparently and rigorously to avoid tribalism, nepotism and favouritism. He/she should have qualification equivalent to Federal Chief Justice and should serve for 5 years but can be reappointed if necessary.

Director of persecution

In order to have independent and impartial persecution system, an independent office of persecutor shall be created. This office shall have right to tenure of office for 5 years and renewable for the same period. The occupant of the office shall be nominated by the President who will seek for approval of parliament before his/her appointment. The qualification of the persecutorshould be at the level of Judge of the Federal Court of Appeal. The persecutor shall have powers to direct the commissioner of police to investigate any information or allegation of criminal conduct and will exercise powers of persecution. In so doing he/she may institute and undertake criminal proceedings against any person before any court; take over and continue any criminal proceedings started in any courtand can discontinue, at any stage before judgment is delivered, any criminal proceedings.

The persecutor shall not require the consent of any person or authority for commencement of criminal proceedings. He/she shall not be under the direction of any person or authority but should have regard for public interest, the interest of administration of justice and avoid abuse of the legal process.

The South Sudan Federal Law Enforcement Agency

The Federally operated agencies are essential to enforce various types of laws in the South Sudan that cannot be devolved to the states. These services usually cut across the states and in most cases cannot be managed at state level. These are services that cannot be assigned to organized forces under the state.

The services that will be implemented by the federal Law Enforcement Agencies include:

1. Protecting, preventing, countering, and investigating terrorism;

2. Illicit drug trafficking;

3. Transnational and multi-jurisdictional crime;

4. Organized people smuggling, human trafficking and slavery;

5. Serious fraud against the Nation;

6. High-tech crime involving information technology and communications;

7. Peacekeeping and capacity building; and

8. Money laundering;

The Federal Law Enforcement Agency is divided into four (4) federal law enforcement organs namely:

Federal Intelligence Service (FIS)

The Federal Intelligence Service is a highly secretive federal law enforcement organ whose mission is to collect and evaluate foreign intelligence in an effort to protect the security of Federal Republic of South Sudan. It may also be involved in covert activities in other countries at the discretion of the President (Prime Minister) of the Federal Republic of South Sudan. It will be responsible in combating international terrorism. Therefore it will frequently work with other countries to accomplish this effort.

Immigration and Customs Services (ICS)

ICS shall be charged with enforcing laws involving border control, customs, trade and immigration. It constitutes the Federal police force that enforces illegal immigration activities throughout the Federal Republic of South Sudan and investigates import and export illegal goods and materials.

Drug Enforcement and Illegal Trafficking (DEIT)

DEIT shall be charged with the responsibility of investigating and enforcing laws related to illegal trafficking of firearms and explosives as well as the theft and the unlawful sale and distribution of alcohol and tobacco. It is also responsible for enforcing laws relating to controlled substances like marijuana, cocaine and heroin. It will work with other state and county organized forces as well as with foreign governments to reduce the trafficking of illegal drugs.

Special Security Service (SSS)

The Special Service Service’s primary function is to protect the President (Prime Minister) of the Federal Republic of South Sudan and his/her immediate family as well as the Vice-President and other high ranking government officials who might face security threats. It will also be tasked with protecting Federal Courts and Judges. It will deal squarely with counterfeiting of currency, money laundering, internet (Cyber) security and threat, fraud, and credit card fraud. In addition, it will serve as covert law enforcement on Federal Republic of South Sudan aircrafts and other high value targets in the country.

In conclusion, compared to the current system of governance in South Sudan, the federal system proposed here curtails the dictatorial powers of the President, affirms the independence of the Parliament and Judiciary and boasted the oversight role of Parliament over the executive. The President will have no powers to appoint his cronies or tribal bigots to office without approval from Parliament. This system will indeed counter the rampant corruption, tribalism, nepotism and favouritism in South Sudan. It will also frustrate the efforts of any President (Prime Minister) from becoming a dictator.

The author can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Why the South Sudan Peace Talks in Addis Ababa has been adjourned indefinitely by IGAD mediation?

By Mut Turuk Thok

June 26, 2014 (SSNA) -- To answer the above-mentioned question, one would like to ask some more questions whose answers may clarify such adjournment as follows:

What is the main reason for IGAD mediation to adjourned peace talks indefinitely? What is the concept of inclusion and participation of other stakeholders in peace talks? What does the 9 May 2014 Agreement on Resolving the Crisis in South Sudan and the 10 June 2014 Communiqué of the IGAD Assembly of Heads of State and Government stated about the inclusion and participation? Who coined the term “multi-stakeholder roundtable” and is it possible that an expeditious peace can be achieved through such approach? What is the main role of IGAD mediation or mediation generally?

1. Firstly, it is clear that the mediation has misguided itself by misinterpreting the concept of inclusion and the mode of participation of other stakeholders, which does not necessarily, means multi-stakeholder roundtable. The mediation has also misguided itself by adopting multi-stakeholder roundtable without consultation with the two direct negotiators.

2. The 9 May 2014 Agreement on Resolving the Crisis in South Sudan which was signed by President Salva Kiir and Cde Chairman Dr. Riek Machar does not authorize or empower IGAD mediation to take such kind of decisions without consultation with the two direct negotiators. Yes, the provisions of inclusion and participation of other stakeholders in the peace talks was drafted ambiguously in that 9 May Agreement and that is why IGAD mediation has gone different way. As a result of ambiguity in such provisions the mediation had coined the term “multi-stakeholder roundtable” which is not mentioned in such agreement. 

3.  As the 9 May Agreement is silent about the mode of participation of other stakeholders; however, the 10 June 2014 Communiqué of the IGAD Assembly of Heads of State and Government has tried to clarify the ambiguity and silence in term of the mode of participation of other stakeholders by stating that “ those stakeholders have the explicit right to determine the composition of their representation in consultation with the mediation” and yet such provisions has fallen short to address the issue of “ who are those stakeholders” and the mode of selection of such stakeholders. That is why the SPLM/A had requested the mediation that they should be given the same representation which was given to other stakeholders in the Government control areas because sizable civil society, representative of the victims, political parties and other faith based group which have been forced to leave the Country are not represented. The mediation has ignored such request of the SPLM/A. However, the mediation when further to give more additional representation to the civil society and political parties that came from government control areas.

4. Furthermore, the mediation has rejected a proposal by the SPLM/A that peace talks should continue between two direct negotiators while pending issues would be handled by the mediation and two direct negotiators. Therefore, the mediations has complicated the whole process by adopting a very complicated approach “ multi- stakeholder roundtable” without making an consultation with the direct negotiators and without considering that an expeditious peace could not be achieved through such approach. As a result, unnecessary adjournment was made by the mediation despite the fact that the two direct negotiators were willing to continue discussing the issues while pending issues are being handled in the process.

5. Finally, the mediation has complicated the process by adopting a “multi-stakeholder roundtable” which is not stipulated in the 9 May 2014 as well as the 10 June 2014 Communiqué of the IGAD Assembly of Heads of State and Government, in addition to that, by adopting unfair process of representation of other stakeholders without considering the participation of other stakeholders. Nevertheless, the mediation has taken upon itself different functions instead of facilitating and moderating the peace talks, it has turned to make decisions on the behalf of the South Sudan parties in the peace talks.

6. One would suggest that for peace to be achieved expeditiously, and with the fact that the two direct negotiators are willing to continue talking, the mediation should adopt a consultative approach instead of the current unilateral approach so that unnecessary delays and adjournments are avoid for the sake of peace in South Sudan. The mediation should not allow different conflict of interests to halt and prevent people of South Sudan to see and enjoy the fruits of peace. It would be advisable if the mediation would adopt CPA approach instead of the “multi-stakeholder roundtable” if all of us have the same interest in expeditious peace.

The author is a lawyer and advocate.

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