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Fudging the issue: President Kiir and corruption in RSS

By Elhag Paul

[The tears of honourable Matur Maker shed on 2nd November 2011 in the parliament in Juba during the presentation of the report of the auditor general Mr Steven Wondu calls for rescue of South Sudan from the claws of the felons]

June 22, 2012 (SSNA) -- The corruption that is eating away South Sudan like a terminal cancer slowly spreading all over a healthy person is not something new.  This is a disease dating back to the inception of the movement.  The infection started when the founders of SPLM/A failed to put in place the necessary instruments, mechanism and structures as pillars of a robust organisation.  The maxim invoked by architectural engineers that a robust foundation and corner pillars are a must for any sound construction was ignored here. 

The fact that SPLM/A survived to this date against all odds as an amorphous organisation beats my mind.  No doubt a research study on it may come up with an interesting unique theory in management.  Anybody studying for a higher degree in management may want to consider doing such a research.  It would benefit the advancement of knowledge in that area for human kind.

SPLM/A was founded at a very critical time in the history of Sudan.  Competing forces in late 1970s and early 1980s were violently trying to achieve their interests in the Sudan.  The Arabs under Nimeiri wanted to totally subjugate, Islamise and Arabise South Sudan and their strategy to achieve this was to foment massive divisions in the South.  In the South, internally, the Dinka using their smooth relationship with the Arabs wanted to establish themselves as the elites forcefully via corrupt behaviour such as nepotism and tribalism.  Then, the government of Abel Alier Dinkanised the police force, and put it under the command of Reuben Mach as a tool to realise their already stated objective.  The Equatorians on the other hand were fighting to resist Dinka abuse and domination.  Internationally, America and Russia were fighting their cold war in the region using Sudan and Ethiopia respectively. 

The dynamics of these forceful clashes led to the corruption in the Sudan army to give birth to SPLM/A.  Major Kerubino Kuanyin Bol, the commander of battalion 105 in Bor and his superior major general Sadiq El Bana in Juba were involved in financial embezzlement and illicit deals involving the smuggling of ivory tasks, leopard skins and the like.  Their disagreement over the proceeds of the loot as would be expected led both officers to use their positions and their forces to settle score.  The atmosphere by then was ripe for rebellion, especially given that Nimeiri had already repealed the Addis Ababa agreement of 1972 and ordered the transfer of the integrated 6000 Anyanya forces from South Sudan to the north.  Kerubino seized this highly charged political atmosphere to ignite the war on 16th May 1983 because he did not want to be crashed by his powerful superior whom he double crossed.  It was true that at the time many South Sudanese in the Sudan armed forces were agitating for action and it was only a matter of time for a rebellion to take place in the South.  Do not forget that Anyanya 2 already was up and active operating in Upper Nile against Khartoum.  So Kerubino was clever enough to use this sensitive period for his own benefit to cover up his illegal activities with his superior.

There you are, SPLM/A was born out of the violence of corruption and led by the very people who were major actors in corruption in the Sudanese army.  Seeking support for its survival, SPLM/A turned to Ethiopia communist regime under Mengistu Haile Mariam and they adopted a Marxist management model which implemented an absolutist system generating an environment of terror within the organisation.  Nobody could dare to speak against any wrong being done lest you get lynched. 

In absence of instruments, mechanism and structures, Dr Garang became everything: the leader, the finance officer, the preacher, mini god and what have you.  The fact that the management of the organisation was a one man show, it meant that the necessary instruments for checking corruption like auditing and accountability were ignored.  Kiir lamented during the Rumbek meeting of November 2004 by saying, “corruption, as a result of the lack of structures, has created a lack of accountability which has reached a proportion that will be difficult to eradicate.”

This led to the worship of Dr Garang and the setting of the scene for rapid development of corruption.  Myint in his article in the journal of Asia-Pacific Development, vol. 7, No.2, Dec. 2000, titled, Corruption: Causes, Consequences and Cures, defines corruption as ‘the use of public office for private gain, or in other words, use of official position, rank or status by an officer for his own personal benefit.’  From this definition it is clear that the behaviour of major Kerubino and his superior major general Sadiq El Bana were acts of corruption.  Consequently they led the country into crisis.  Similarly, the absolute control of the entire SPLM/A by Garang constituted an act of corruption in that he used the organisation to build himself and perpetuate a personality cult. 

Professor Robert Klitgaard in his influential article on the vice of corruption, ‘International Cooperation Against Corruption’ published in the journal of Finance & Development in March 1998 argues that monopoly of power is the number one culprit in perpetuation of corruption.  He defines corruption as C=M+D-A which stands for corruption equals monopoly plus discretion minus accountability.  So the acts of Dr Garang fit in well with Klitgaards definition of corruption because he wielded monopoly of power in SPLM/A with full discretion to do what he wanted without any accountability.  Extending this argument further on Dr Garang’s person throws more light on his character.  His acquired fame and status as a hero in the liberation war in itself is a product of corruption as argued elsewhere that he does not deserve to be called the “Father of the nation.”  There can not be honour in corruption.

The first corruption in the movement started with brain washing and the disablement of the free will of the person.  The consequence of this type of corruption was huge in that innocent lives of true freedom fighters were sacrificed on flimsy grounds without any serious legal enquiries being conducted.  Peter Nyaba in his book titled ‘The Politics of Liberation in South Sudan: An Insider’s View’, published in Kampala in 1997 by KPI, points out that Dr Juac Erjok, a veterinary doctor from Ngok Dinka, Mr Lokurunyang Lado, a leftist activist and member of the South Sudan Patriotic Front and a certain Yahyah, a trade unionist who joined the ranks of SPLA, were framed as agents of Nimeiri and executed by firing squad during the graduation of the first brigade of the Jarad division in 1985.  There was no investigation carried out and there was no appeal against the death sentences before execution.  Lam Akol in his book, titled ‘SPLM/SPLA Inside African Revolution’ published in Khartoum in 2001 by Khartoum University Press goes further to explain that Pagan Amum, Nyachugak Nyachiluk and Lokurnyang Lado were members of one group led by the latter.  Pagan and Nyachugak conspired against Lokurnyang, arrested him and handed him over to SPLA leading to his execution.  According to Lam, Pagan was a member of the firing squad that executed Lokurnyang Lado.  What a horrible injustice?  This was a shameful betrayal of comradeship and an unpatriotic act from people who call themselves freedom fighters.  But we must not forget this was a consequence of corruption in action.  Now that South Sudan is an independent country, it is only right that a truth and reconciliation commission is established to investigate the violations of human rights within its territory.  The severe punishment meted out on these freedom fighters should be investigated and if found innocent they should be righted posthumously so they can rest in peace.

Imagine destroying your own fighting force based on falsity knowingly. With hindsight now, how can such people be taken seriously as freedom fighters?  Kiir was right in his confrontation with Dr Garang in Rumbek to say, ‘there are people among us who are more dangerous than the enemy.’  Yes, even now as I write on this sensitive issue there are very dangerous people in SPLM/A.  Kiir himself is one of these dangerous people.  He supervised the dungeons of SPLM/A for 22 years under Dr Garang.  He also appointed ruthless and dangerous opportunists who betrayed the South to the parliament and the cabinet to support him.  It is a case of birds of the same feathers flocking together.

The lid came off the issue of corruption for the first time in SPLM/A publicly during the national convention of 1994.  Then Dr Garang said the fish had grown too big meaning corruption was getting out of control.  Garang being a suave talker, the issue was laid to rest without any further follow up.  I suspect fear was a factor in people keeping quiet.  It is unbelievable that Garang, a man of such formidable intellect could not have foreseen the seriousness of the problem.  It is certain that Garang knew well the corrosive impact of corruption but chose to ignore it because he was the major beneficiary of the practice and therefore he saw no reason to curb it for the good of the South.  If it is of any help, I just want to remind you that Garang in his speech of 3rd March 1983 way back at the start of the movement diagnosed corruption as the cause of inequality in the Sudan and committed himself to fighting it by fighting the system in the Sudan. How could he eleven years later then not take action against it?  It looks like there is utilitarianism in play here.

For 22 years until 2004, corruption existed in the bush with limited major players namely Dr Garang and his close confidantes like Deng Alor, Barnaba Marial, Wani Igga and late Dr Justin Yac mainly feasting on donations to the movement from friendly countries and aid coming in through SRRA.  On the field, the officers appropriated captured materials in form of vehicles and trucks which they sold out to traders in Uganda and Congo retarding the progress on the war. At the other end in SPLM/A United, Dr Riek Machar was at it squeezing every penny out of the Arabs and defrauding UN aid agencies operating in areas under their control. Talk about vultures, here you have got them. 

Low level corruption in the fighting force was rampant too with officers selling things like petrol and diesel intended for operations.  Even a bizarre form of corruption developed in Yei where the officers were selling prisoners of war (POW) back to the Sudan government through the Sudan embassy in Kampala.  The poor soldiers on the bottom were left with nothing but to help themselves to looting and raping the unprotected civilians in the liberated areas.  So in effect, SPLM/A was already a seasoned corrupt organisation.

We now have a picture of corruption in the SPLM/A.  Hold it for now and let us move on to the government controlled areas of South Sudan in order for us to form a holistic understanding of the subject and how deeply it has become part of our daily culture. 

Corruption surfaced in South Sudan with the coming of Addis Ababa agreement of 03/03/1972 into force which granted South Sudan regional autonomy.  The first president of the High Executive Council (HEC) Abel Alier initially started well in governing the South but gradually proved to be a tribalist sparking serious divisions within South Sudan that the Arabs (Nimeiri) exploited to repeal the Addis Ababa agreement.  As South was completely dependent on the North economically, it was deliberately starved of funds by the Arabs.  The only major employer in the South was the regional government. 

Therefore, most of the people who lived in the towns relied for their survival on their employed relatives.  With meagre salaries not being paid on time and sometimes taking couple of months, civil servants were forced to use their positions to make money to feed their families and extended relatives.  Bookkeepers, cashiers, store keepers and so on became corrupt.  Bookkeepers fiddled the books to steal money.  In some cases they collaborated with directors to include ghost names on the pay sheets.  Cashiers set up hurdles in paying out money to legitimate payees in order to extract bribes.  Store keepers stole materials from stores.  Drivers siphoned out fuel from government cars to sell in black market and so corruption flourished like wild fire and any hope of minuscule development vanished. 

The politicians went for the lucrative corruption in quota distribution which rations essential commodities throughout the country by region.  They awarded quotas to their agents (Malakia boys and Arab traders) and relatives.  The documents of these quotas were sold for huge amount of money to the Arab traders.  In most cases the commodities concerned ended up in the North with citizens in the South going through painful suffering resulting from severe shortage of these essential commodities.  The South Sudanese political parties like Sudan African People Congress Party (SAPCO) led by Morris Lowiya and People Progressive Party (PPP) led by Eliaba Surur while using some of the proceeds from quota business, they also engaged in deals with the Northern parties where they received money in return for supporting Northern parties’ policies in parliament in Khartoum. 

So the poverty in the South and the total economic strangulation of the South by Khartoum led to development of corruption for the sake of survival.  Most of the politicians like Arthur Akuen and late Dr Justin Yac who experienced and personally participated in this new emerging culture went to join the SPLM/A after the re-division of the South into 3 regions.  As the saying goes, people come with their baggages, Arthur and Dr Justin went to SPLM with their own baggages of corruption.

Those South Sudanese who continued to live in the government controlled areas had no way out but to live under this new culture, although there were changes of governments in the Sudan.  The replacement of Jaafar Nimeiri by General Suwar El Dahab and Suward El Dahab by Sadiq El Mahdi’s and the replacement of Sadiq El Mahdi by Omer Bashir in 1985, 1986 and 1989 respectively.  But this time the beneficiaries were the Malakia boys by virtue of their religion together with members of the new tribe of Muslim-Christians of Turbi and NCP who got themselves baptised by being branded with Quoranic versus in sensitive parts of their bodies.  The reason this group benefitted was simply because they assumed power as the new rulers of the South by proxy.  The Arabs encouraged corruption to keep the South Sudanese politicians sweet and contented.  Khartoum deliberately ignored corruption so long as it could promote its policies of Arabisation and Islamisation.  To achieve this objective Khartoum intended to destroy and prevent any emergence of a distinct South Sudanese identity to develop.  Development of South Sudan was not on the agenda and so the South Sudanese were allowed to destroy themselves in this vice.

So in effect corruption has been in operation in both the SPLM/A and the government controlled areas and this has gone on for 40 years (from 1972 to date).  As you can see, this is a long time and certainly corruption has taken roots and spread to every nooks and cranny of South Sudan society.  Look at the present government of Kiir which is saturated with felons from top to bottom.

Having now looked at corruption from a wider angel in the entire South Sudan, let us move back to pick the issue from the end of 2004, just weeks before the CPA of 2005.  Those in SPLM/A who lost out in the corruption game within the movement like Kiir found the opportunity to raise the issue in the Rumbek meeting of November 2004 as a weapon to nail Garang in their power dispute. 

This Rumbek meeting provided the opportunity to deal with the issue of this vice culture of corruption at a very unique time, just before the signing of the CPA in preparation for good governance during the interim period.  But, unsurprisingly it was squandered when Garang argued against any changes to the status quo.  All the complaints against corruption and the demands for structures in the movement by the high ranking officers of the SPLA in this meeting came to naught with one simple sentence from Garang supported by Ambrose Ring Thiik.  Garang wittingly argued that, “Our imperfect structures have brought us to the present day. Let us not throw away these structures now.  Otherwise we will throw ourselves away.”   Ambrose reinforced the point by saying, “Most of the things done are imperfect, but they have served us.” What an excellent expression of collective self interest coded with threat of self destruction?  Of-course as human beings, our instinct is always to survive and nobody wants to perish and thus Garang won the argument.  However, by arguing against positive change, Garang and his supporters failed the test of being true freedom fighters.  Morally, freedom fighters go to war to improve the whole lot of society and not for self gain or interest.  No wonder, we have chaos in SPLM and by implication in GOSS because the ideals sung are not driven by the right values.  What is said is different from what is believed and done.  Basically, SPLM pedals lies.  They are the problem of South Sudan.

Just compare and contrast Garang’s passionate defence for corruption here with his speech of 3rd March 1983 in which he bashed Khartoum on the subject.  This is what he said, “Nimeirism which was plagued by corruption is a regime in which a few people have amassed great wealth at the expense of the majority.”  Is this not similar to what is going on now in Juba?  Ironically, our liberators (SPLM/A) of yesterday have truly turned out to be today’s Nimeirists in Juba.  Is it any wonder honourable Matur Maker broke down in tears on learning the magnitude of the economic barbarity?

Garang’s argument against structures was not for nothing.  He was aware of what was awaiting them in the interim period – exercise of state power greased by oil money.  By this time he had already requested 60 million dollars from Bashir for rehabilitation purposes.  Do not forget that during the period of the peace talks he and his cohorts had began to embezzle millions donated by the Troika and others.  Garang’s close friends were buying mansions in Nairobi, Kampala and even as far as Europe, America and Australia.  Kiir in the Rumbek meeting was scathing about this behaviour.  He pointed out in relation to rampant corruption that, “At the moment some members of the movement have formed private companies, bought houses and have huge bank accounts in foreign countries.  I wonder what kind of system are we going to establish in South Sudan considering ourselves included in this respect.”  What poor Kiir did not work out was that Garang was intent on promoting corruption because having negotiated for himself the position of first vice president of the Sudan and president of South Sudan; he would need to use money to promote Dinkocracy.

SPLM/A strategy for promoting Dinkocracy necessarily needed corruption as a tool.  So they set out to ensure during the interim period and beyond that Dinka:

1) control the police and judiciary.  The importance of these two organs in promotion of corruption can not be over stated.  In all the states of south Sudan, all the legal officers responsible for state business and contracts are Dinka.  Even in the 3 Equatorian states where Dinka are not inhabitants, the legal officers are Dinka in violation of the decentralisation policy in force.  This strategic control allow people like retired Brigadier Martin Malwal, the former member of the Ingaz revolutionary Council of Omer Bashir turned businessman to get away with millions supposedly for supplying South Sudan government with vehicles.  The vehicles turned out to be reconditioned second hand cars bought from Dubai not worth the contract.  It also allows for human rights abuses by Dinka to go unchecked.  It also allows people like Arthur Akuen to be released from detention by his tribes mate without consequences to enjoy the millions he stole with impunity.  It also allows people like Koul Athian to scheme with the justice department to defraud the state of over 4 billion dollars in grain contracts with impunity.  After having Dinkanised the police force, the ministry is now handed to a recycled non Dinka NCP die hard whose business would be to oppress South Sudanese on behave of the masters.

2) Control mass media for continuation of indoctrination as well as to deprive others from voicing their life experience.

3) create a dummy Anti-Corruption Commission headed by powerless people.  In effect a commission managed and controlled by apparatchiks for Dinka interest.  The fact that this commission is toothless in the middle of sea of corruption is unbelievable, but true.  Instead of going after the real big fish, it wastes resource and time by pursuing non urgent cases of small value.  The truth is that this body was formed to deflect attention of the people from the real corruption.   Kiir who lamented corruption few months before he took over the presidency of the South Sudan after the unfortunate death of Garang was all talk without action.  Under his watch, over 20 billion dollars disappeared from the government coffers into the pockets of his people in the last six years.  Yet they go around the world asking for development money.  What a disgrace!  Michael Makuei Lueth, the legal brain of SPLM in Rumbek meeting was right to say, “The leadership is not committed to fighting corruption.”  There you are.  What more are we expecting from this lot and their SPLM party.

4) Create a dummy Audit Commission.  This initially was a joke until the diligent Steven Wondu took over and did a wonderful job of exposing the depth of corruption committed in only one year (from 2005 to 2006) amounting to over 1.5 billion dollars unaccounted for.  Although Wondu’s report was clear when it came to pointing out who the thieves are president Kiir looked the other way and buried the issue.  Having been exposed by this report, auditing for the subsequent years appears to have been abandoned. Since GOSS came to power, they have not shown us any tangible evidence to hold thieves to account.  Believe you me, in Juba expensive government vehicles are being stolen daily without anybody raising alarm.  Would you believe it that 6 years on, most ministries have no idea what they own in terms of vehicles, machines, equipment and so.  Yet, we are supposed to have something called Audit Commission.  What a joke?

5) Constitute a lame parliament packed with party functionaries and appointed, discredited, opportunistic, principle-less MPs who can not enact legislations against the interest of the masters.  In effect a rubber stamp organ to facilitate poor governance.

6) Control finance.  In order to plunder the coffers, well experienced thieves were appointed to head the ministry of finance.  Their function was to disburse millions of dollars to fake Dinka businessmen.  In addition to that they created for themselves an exclusive limited welfare system under which favoured tribes men would receive massive help.  This system is something called ‘assistance’ in the circles of the government offices of South Sudan.  Under this system, the ministers reserve the discretion to approve about 20 thousand dollars as assistance to anyone at any given time.  I do not have to talk of the beneficiaries of this blatant abuse of public money.  You can work it out for yourself.

7) Do not allow audit.  In the last 6 years of SPLM’s administration.  No auditing of some government departments have been conducted simply because the Dinkocrats in these offices have bled the ministries dry.  This deliberate negligence is calculated to allow its members who are employed en masse without appropriate qualifications to loot the government without accounting.  The absence of auditing which is a clear sign of deliberate orchestrated poor governance leaves room for the record to disappear which then renders accounting impossible. 

8) Brain-wash the public by claiming that, ‘we are starting from scratch.’  This is a phrase well designed to divert attention of people, especially foreigners working with donor agencies from paying attention to details.  This phrase is so widely used in South Sudan to the extent that people now believe it.  When corruption or ill deeds are raised, it is immediately invoked and the matter becomes so minor.  Please see this YouTube clip: South Sudan Corruption Discussion hosted by Vincent Makori of Voice of America on 10th May 2012  http://www.youtube.com/watch?v=9YnErNQalAw Also please see The Rape of the RSS by the ‘Oyee party’ published by South Sudan News Agency on 12th February 2012. http://www.southsudannewsagency.com/opinion/articles/the-rape-of-the-rss-by-the-oyee-party

The impact of corruption to our society and country has been destructive and corrosive.  In terms of infrastructure development, we lost hundred of millions of dollars on the roads projects.  The amounts charged per kilometre by corrupt companies for asphalting roads around Juba are unbelievable. Despite millions being paid out in the last 6 years, to date the total mileage of asphalted roads in the whole South Sudan is less than 100 miles. Moreover the quality of the work itself is substandard and shoddy.  This is replicated in all the situation numbered below.

Lighting – the Sudan government had erected electricity poles around Juba made up of concrete.  These poles were perfectly OK and the lines were in order.   Without any good reason, the corporation decided to replace these good poles with wooden poles imported from Uganda costing millions of dollars.  The life span of these wooden poles surely will not last as long as the replaced concrete durable ones.  Again, instead of purchasing good modern electricity generators, our officials for no good reason went and acquired second world war diesel generators that are not able to light Juba town.  Today, receiving light in Juba is a lottery.  Sometimes, one can stay for weeks on end without any light.  As a result, Juba is like mini Lagos in Nigeria.  A town run by numerous privately owned generators producing noise pollution detrimental to healthy living.

Renovation of government building.  The entire renovation of the ministries is reported to have costed around 300 million dollars, yet when you look around, the work done would have costed less than 5 million dollars.  Despite the renovation, some of these ministries are leaking and there is no running water for the lavatories.  Go to radio Juba and you would see the shock of your life.  Ever since the British left the Sudan, that building remains the same.  The only difference is that it is completely dilapidated.  I am not an engineer, but one glance told me that this building should have been condemned as it is a danger in terms of health and safety.  Nevertheless, it is still in full use. 

Government properties.  The Dinkocratic governor of Central Equatoria, whose own biological daughter is his official office manager, without any sound legal basis in law is Dinkocratically privatising and distributing government properties to his masters and foreigners to gain favours.  This action is being taken in the face of severe shortage of government accommodation.  It is worth mentioning that these properties were built by the former British colonial administration and they have rich history in terms of the personalities who lived in them and the role they played in the events that unfolded in South Sudan.  Any fit administration would actually list these buildings as heritage sites as they are part of our culture.  Proper planning would see these properties attracting visitors and tourists interested in the history of our country.  Now, the Dinkocrats are destroying this rich heritage for future generation due to their ignorance, lack of foresight and greed.

Contracts – most of the multi-million contracts are given out to incompetent companies which do not deliver such as the companies that cashed in on the 4 billion dollars intended to supply grain to the 10 states.  These companies are owned by non other than the family members of the masters.  Today, the consequence has been eye watering. Our innocent and peaceful villagers in Warrap, Unity and Upper Nile states are paying the price in terms of thousands of lives lost due to hunger.

Loss of life.  Due to deprivation, citizens are dying daily all over South Sudan.  In Juba and other towns, patients in hospitals simply die due to lack of oxygen, medications and so on.  Many people also die daily too due to lack of enforcement of building regulations.  Buildings constructed hastily without rules being followed collapse on people with impunity.

Social relationship.  Our social relationship is suffering because of the inequality, unfairness and the deprivation leading to bitterness in our communities.  In Juba seeing angry people is routine and if you bother to listen to some of these people you begin to get the sense of bitterness harboured towards some sections of the society.  This is understandable as the corrupt are living it large with their actions causing suffering all around.  This is not good for South Sudan as it perpetuates ethnic hatred and causes unnecessary divisions among us. 

Development.  Corruption retards our development in the sense that it deprives GOSS of revenue, wasted time and resource necessary for provision of vital services such as health, education, employment, eradicating poverty and so on.

Image of RSS. Corruption demeans our image as a country and destroys our credibility.  It no doubt has effects on our official documents such as passports, driving license etc.

These are just few examples and I could go on and on and on, but there is no need.  To sum it up, the price we are paying for corruption is so huge that it is difficult to find words to quantify or express it.  Boris Begovic in his article, ‘Corruption: Concepts, Types, Causes and Consequences’ in the journal of Documentos, Year III, No.26, March 2005 highlights the huge damages corruption does to a society in both visible and invisible terms.  What Boris highlights is visible in our country on daily basis.

Today walking around Juba or any town in South Sudan does not fill the eye with joy.  One sees suffering all around.  You see children in rags playing, others defecating in open on the streets; emaciated children collecting stones for sale.  Empty plastic bottles strewn everywhere and garbage everywhere.  It is truly a disheartening environment.  Yet, you see the thieves in the most expensive cars driving around laughing happily.  The sobering images coming out of Juba hospital daily and the wailing of the mourners seem not to say anything to this group of people.  What a bunch of heartless people?  People who have lost their humanity to greed and violence.

These thieves believe that by defrauding the South Sudanese people to construct for themselves high quality of life and live it, they will inevitably get away with it when they die and thereby passing the proceeds of the loot to their off springs as inheritance.  Since we the South Sudanese people are always forgiving we would forget and their families would remain established with vast economic and political advantage which they wrenched violently from the people.  To allow this situation to stand would be to endorse and accept Mafiaism.  Since the process of accumulating this economic and political advantage was/is illegal, it follows that the South Sudanese people should have recourse to legal recovery of these stolen resources regardless of the farcical pronouncements of president Kiir; the woeful work of the rubber stamp parliament and the disgraceful work of the anti-corruption commission.

What we the South Sudanese need to do now is to forget the façade of Kiir’s administration on this issue.  This government will not deal with this subject as it should because they are the beneficiaries.  In the bush SPLM/A fudged this issue.  During the interim period they encouraged it massively in presence of the dummy anti-corruption commission.  As you know, no arrests made, no convictions handed down, no nothing.  It is well known that SPLM/A has a well documented culture of resistance to investigation, accountability and good governance.  Peter Nyaba in his book mentioned above on page 127 tells us that Riek Machar, the current vice president is not only corrupt but he does not like to hear the words investigation or accountability.  He writes, “When SPLM/A United was disintegrating, the Bahr El Ghazal called for accountability.  Riek refused to investigate allegation of financial irregularities and misappropriation of public funds and protected his subordinates in defiance of the wishes of his colleagues.  Riek’s lack of transparency and accountability annoyed the Bahr El Ghazal group which began to distance itself from the Nasir faction.”  What hope is there for a government led by people of such characters to address the problem?

Klitgaard argues and rightly so that corrupt officials at the top are monopolists unwilling to sacrifice their loot and the source of their ill gains.  When corrupt rulers, corrupt civil servants and corrupt private companies gain with society being the net loser then a state of equilibrium in corruption has been reached.  This appears to be the case in RSS.  In such a situation as South Sudan’s nothing can be done to tackle corruption except change of the “agents” promoting corruption.  This has to be done root and branch for the good of the country.  So, the SPLM needs to be kicked out of power through the ballot box and a fresh blood brought in to address this cancer.  Where the top leadership is infested with corruption as now there can be no hope of change with these leeches being on the driving seat.

As RSS is already a failed state saturated with corruption, our strategy should be to work together towards addressing this disease in the future.  We need to do this with all the opposition parties, to work towards developing means by which to recover all the resources stolen from GOSS by these irreformable corrupt officials and feral politicians.  In the next elections, the public need to be sensitised not to vote for any party that does not pledge to address the issue of corruption once and for all.  So we expect the next government to enact a legislation setting up a commission for Economic Recovery and Rehabilitation with wide powers.  Such a commission in my view is to be led by a strong personality preferably by a credible and ethical judge or a retired army officer with legal background.  This body is to be answerable to a parliamentary committee and the president and should have among others the following remit:

- Investigate all forms of economic irregularities as from 2005 to date in South Sudan.  Such investigation to cover everything ranging from individual activities to state transactions with individuals and other bodies

- Investigate the near collapse or collapse of Nile Commercial Bank and its inability to perform in a virgin environment of a new oil rich country

- In collaboration with ministry of justice, the commission is to prosecute offenders and recover assets of the state from individuals as well as other bodies; no matter where such assets are hoarded or stashed away in other parts of the world.

- In collaboration with the audit commission, the commission is to pursue vigorously any irregularity discovered by the Audit Commission and to recovery any assets lost to the state.

- Re-open and re-investigate thoroughly the disbursement of the 4 billion dollars budget for grain.

- Review and where necessary re-open and re-investigate all the cases dealt with by the dummy Anti-corruption commission.

- Investigate use of state resource by SPLM as a party which in itself is corruption giving one party advantage over the others.  SPLM office bearers and officials of South Sudan government involved in this illegal act to be held accountable.

- Any lobbying or obstruction of the work of this commission to constitute a crime.  Therefore, the legislation giving it force must be robust.

- Investigate any other acts deemed damaging to the economic well being of the country

SPLM/A as a product of corruption and a corrupt organisation is fond of claiming  successful programme to itself and this is how it rejuvenates itself time and again.  Even in the battle fields when the SPLA won, the real commanders who commanded the battles, and were responsible for the excellent job got sidelined and the credit bestowed upon Garang or any Dinka officer.  Therefore to protect the idea of CERR from being stolen and watered down by SPLM, any negotiations on the subject should not accept anything less than a body with wide ranging powers and duties as suggested above.  We do not want to see CERR in the political grave yard like South-South dialogue.

Resting this issue, let us get to sensitise our people and organise to recover our country from the thieves.  This joint called SPLM is past its sell by date.  It is already rotten to the core and therefore it needs to be demolished and cleared for the real South Sudan to emerge.

The Author lives in the Republic of South Sudan. He can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

One best way of fighting corruption and tribalism in South Sudan

By Jacob K. Lupai

Introduction

June 20, 2012 (SSNA) -- The Republic of South Sudan is determined to be a corruption free country. This has been made absolutely clear by the president. Also, the speaker of the national assembly has vowed there will be no compromise on corruption. This commitment is enshrined in the vision, programme and the constitution of the Sudan People’s Liberation Movement (SPLM) as on March 1998. In its fifteen-point programme the SPLM sees corruption as threatening everything and everybody, and it is a major obstacle to economic development. The SPLM pledges to combat vigorously corruption at all levels so that it is completely eradicated. What the president is therefore doing is to realize the vision of the SPLM for a corruption free South Sudan. However, with a high level of corruption endemic to South Sudan some drastic measures must be adopted. Above all there must be a strong political will if success in combating corruption is to be recorded. With the recent indication of 75 senior past and present officials associated with the disappearance of 4 billion US$ from government coffers, something drastic needs to happen for people to rest assured. Misappropriation of public funds is not, though, the only act of corruption. Corrupt practices are many and varied.

Corrupt practices

Corrupt practices range from misappropriation of public funds and deliberate misuse of public property to demanded enormous tips for favours or for routine services. Tribalism is also a corrupt practice which may happen in all aspects of life. In employment tribalism is rampant. For example, somebody in a position of power will try to appoint their tribesmen in sensitive positions for fear of losing control. Tribalism compromises efficiency because those appointed may be below standard. Its other disadvantage is that tribalism sows the seed of dislike of others because more often it encourages insensitivity to the others. This was what seemed to have happened during the government of the Addis Ababa Agreement in 1972. Tribalism was so ingrained that it was suffocating as it bred greed of enormous proportion. While people were groaning under the heavy yoke of tribalism, the ultra tribalistic were utterly insensitive. Tribalism divided people and this partly led to the abrogation of the Addis Ababa Agreement when the oppressed agitated for a relief like any oppressed could. This should have been a lesson to the people of South Sudan that tribalism and nepotism would ultimately lead to disintegration when a breaking point was reached. Like corruption tribalism should be seen as cancerous to nation building because it encourages oppression of others mistakenly for a shallow concept of unity. In this modern world no one in their right senses will ever put up with naked hegemony and oppression. It is therefore the duty of each and every South Sudanese to fight tribalism and nepotism tooth and nail in building a vibrant nation that is a paradise for all but not for a few who seem to have erroneously assumed that they have god-given special rights and privileges.

Corrupt officials

Corruption does not only occur in South Sudan. Corruption is a worldwide phenomenon since the beginning of creation. However, corruption can be managed at tolerable levels through a robust system of check and balance. Corruption does not occur in a vacuum. People are involved in it as employees, entrepreneurs or officials in an establishment. When a government is seen as corrupt it is because of some officials being unscrupulous and worse when the government seems impotent to do anything. In South Sudan the government has ever since announced zero tolerance to corruption. The intention is there and strong but what is most needed is commitment with verifiable outcome that indeed corruption is being tackled head-on. According to an opinion poll in Sudanic magazine of March/April 2008 Vol. 1 Issue 2 the government was seen as 90 per cent corrupt and inefficient, and these were cited as the main reasons for the lack of development in South Sudan. Four years later in 2012 75 senior past and present government officials have been associated with 4 billion US$ unaccounted for. This clearly suggests that instead of corruption being reduced it is on the rise. Recovery of money from government coffers unaccounted for is a mammoth task indeed.

The rule of law

No one is above the law is what the transitional constitution of the Republic of South Sudan, 2011 says. However, the enforcement of the law has been something of a challenge. Anyone who goes against the law is responsible for their action. This is usually arrived at after an investigation. When a person is suspected of a criminal offense but no investigation has taken place for evidence in the court of law, it is difficult to conclude that the person is a criminal. Anyway it is the court to judge and confirm whether a person is a criminal or innocent of the alleged crime committed. For the 75 officials associated with the loss of 4 billion US$, it seems no criminal charges have been filed against them. Instead the officials have been requested to return the unaccounted for money either in full or in part in return for an amnesty. This has been a very generous offer that only the hardened corrupt will not heed. People associated with embezzlement of public funds are usually subjected to a thorough investigation to establish how the funds went missing in the first place for criminal charges to follow as may be appropriate. The 4 billion US$ is no small amount of money. The money could have been used to build modern road network for faster development in South Sudan. This is just to mention one example of how the money could have accelerated socio-economic development. There are people suspected, investigated, charged, convicted and sentenced for far less money than those associated with the 4 billion US$. An example is the undersecretary of the central ministry of education who was suspected, investigated, charged, convicted and sentenced for far less money than that of some of the suspected corrupt sharks. The rule of law must be seen to be applied with less favoritism and discrimination.

Best way of fighting corruption

People may need to develop theories in the effort to fight corruption successfully from all angles. One such theory is to accord the opposition in parliament a greater role in the fight against corruption. The opposition should not be seen as destructive but rather a partner in all the efforts for nation building. The opposition itself should be positive in seeing its role as complementary to the majority party in government for national interest. The government should give the opposition support through a parliamentary committee formed to fight corruption. Keen on having a good image and as a government in waiting, the opposition will likely fight corruption with vigour. The government in turn will be seen as a robust fighter of corruption by being transparent as it is cooperating with the opposition to have a corrupt free country. This is one best way of fighting corruption in South Sudan. It will also show that partisan politics does not interfere with people’s desire to reduce corruption in the national interest. Political parties should be seen in light of their programmes for the country. No political party wants to be seen condoning corruption. It is therefore in the interest of all that joint effort should be made in reducing corruption to a level that does not cause a very big worry. The party in opposition is in a better position to fight corruption because it is supposed to scrutinize government activities that should meet people’s aspirations. This is because the party in government may sometimes turn a blind eye to government’s shortcomings where the party hardly criticizes the government hence itself. Therefore, one best way of fighting corruption in South Sudan is for the parliament to give the opposition a greater role.

Conclusion

The president and the speaker have set the ball rolling. It is now for each and every citizen to stand up against corruption and tribalism, the two main challenges in nation building. Corruption here refers specifically to misappropriation of public funds and misuse of public property while tribalism is favoritism accorded to people of one’s tribe regardless of merit in employment, award of contracts, promotion and restatement in previous appointments. As can be seen South Sudan has its fair share of corruption and tribalism. However, people should not panic that corruption and tribalism will lead people down the drain. It is only the kind of policy of appeasement in disregard to the rule of law should, nevertheless, be worrying. No one is so powerful that they are above the law. Even the powerful Sadam Hussein of Iraq eventually faced the law and was hanged like a common criminal. Charles Taylor the former president of Liberia will be languishing in jail for the rest of his life.

In conclusion, it is the political will to stamp out corruption and tribalism that is all needed. The  political will includes giving the opposition a greater role as one best way of fighting corruption and tribalism for a strong united South Sudan that meets all the aspirations of its citizens without discrimination.

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

Has African Union [AU] become a chess pawn in the hands of Khartoum’s regime?

By: John Bith Aliap

Adelaide, Australia, June 20, 2012 (SSNA) -- We have been made to hope for nothing! The African Union which has been slaying our efforts is a substandard organization with no single record of achievement in its history. Is there anybody out there who dares to deny this fact? On the other side of the coin, our thoughts and perceptions have been that the African Union’s mediation between two Sudans would unquestionably be underpinned by apparent recognizable core ideological principles including; democracy, respects of human rights, transparency and accountability.

It should not be this way; things go anti-clockwise in our African continent unlike in the western world where democracy, respect of human rights, transparency and accountability underscore most the organizational works. As long as our celebrated favoritism within the African Union is concerns, many South Sudanese analysts have long ago voiced their concerns and discredited the so-called African Union due to its lack of vision, its partisan orientation and finally, its bankruptcy of clear strategies to harmoniously solve the African issues on its own without external helps. Down the track however, the African Union [AU] as a lame-duck organization already suffering from assortments of malpractices has last week appends a salt to a fresh wound plus its already labeling on its neck of being a partisan organization when it accepts Bashir’s call to move the known venue of summit from Malawi to Addis Ababa Ethiopia. This move is not helping at all. It tells the world that the continent of African does not respect humanity and that killing is a prerequisite for any African leader to remain in power as manifested in Bashir’s case which the African Union is now desperately trying to evade justice under the placard of Africanism. Those who are sailing the African Union’s boat should be reminded that Bashir is not an African, but simply an Arab with confused identity.

Do not give up yet of my questions. How long is the African Union going to shelter criminal Basher from the International Criminal Court? Does anyone know the time frame? The African Union must rethink its position in Bashir’s indictment case. Sheltering criminal Bashir from being arrested by the International Criminal Court is a hellhole gesture for the African Union. The importance of the African Union should have been known through its legitimacy and credibility, but for God’s sake, what credibility can the African Union hold in the eyes of local [Africans] and the international community at large? However, from now on, the African Union should instantly be approached with hesitancy and its work would always be surrounded with immense bank of clouds-I mean to put it ‘sky-scraping’ doubts by the people it represents-particularly South Sudanese and other marginalized communities in Sudan.

Bashir’s crimes in Darfur, South Kordufan, Blue Nile and South Sudan are well documented in world’s crimes records, but the African Union perceives these dreadful crimes as thin in the air and less condemnable; and that standing alongside internationally wanted fugitive Bashir is a good chance of showing the world that Africa is an independence continent, its people are in solidarity, its people are in unity and additionally, the continent has an ability to solve its own continental’s tribulations. It would be helpful for Africans who think to have undone themselves out from white colonization to reason far beyond their noses. For instance, if the African Union [I reckon a unity of good people rather than a unity of evils] tends out to be a unity that eggs on crimes with impunity, than am afraid to say that this unity carries scores of implications and it would even be far more worse than disunity which the African Union [AU] organization is sarcastically trying to unravel in Africa.

The African Union would have won South Sudanese trust as well as the international recognition if it encourages democracy, respect of human rights, discourages terrorism tendencies [i.e. Bashir’s acts of terrorism in Darfur, Blue Nile, South Kordufan and South Sudan] and encourages all the African countries to adhere to internationally acceptable norms. That’s not the case as we speak. The African Union in its current practices and policies is dragging the African continent into abyss; I dare to say that it’s luring the continent into a shame trap. Before the train goes off rail, it’s a duty of all Africans [not only South Sudanese] to start questioning the creditability of the African Union and its ability to solve the African issues.

It is neither a curse nor a sin for an African person like this author to ask if the so-called African Union is truly practicing its core ideological principles that define its existence. While other Africans might have mistakably ticked all the boxes with a delusional thinking that the African Union is a legitimate organization for all Africans, the people of South Sudan have differing views about the African Union. To waste no time, South Sudanese see the African Union [AU] as a typical organization hypothetically composed of bunch of hyenas. Jean Ping and Thambo Mbeki would rarely miss to qualify for this description.

South Sudanese together with their government have long accused the African Union [AU] of double standards and partisan when it ‘not long ago’ failed its social contract to holding Khartoum responsible for its repeated crimes on the Republic of South Sudan and other marginalized areas in Sudan. Although the drivers of the African Union [Thambo Mbeki and Jean Ping] have brushed aside South Sudanese’ repeated accusations of the African Union of being a partisan organization, these accusations have recently been validated when the regime calls on the African Union to move the venue of the up-coming summit from Malawi to Addis Ababa Ethiopia due to Malawi’s refusal to host criminal Bashir. Being a visionless organization with no clear ideological principles, the African Union’s acceptance of regime’s apprehension of its crimes to reschedule the venue of the up-coming July summit has clearly demonstrates its vulnerability and how it has become a chess pawn organization in the hands of Khartoum’s genocidal regime. 

Bashir being a new director of the African Union coupled with other self-centered individuals such; as Thambo Mbeki and Jean Ping etc, this question begs answers from everybody, whether from South Sudanese or other Africans. Are we seeing the end of the African Union era in African? Surprisingly, If the Criminal Bashir could determine where the summit could be held, there is no doubt that he could as well determine; how much fees can the Republic of South Sudan pays to transport its oil, where the demilitarized zone could drawn, whether or not humanitarian aids could be delivered to South Kordufan and Blue Nile, how many areas are disputed between South Sudan and Sudan, formation of Abyei’s administration, draws what it thinks is the acceptable map of South Sudan and finally decides the time frame within which the popular consultation in Blue Nile and South Kordufan could be conducted.

It’s a damn fact that the African Union has melted down the Africans’ hopes and dreams-especially South Sudanese’ dreams and hopes. During its formation in 2002, Africans thought that the African Union will act as their mouth-piece at local and the international political domains, but the organization has rather become a disgrace to the continent of Africa. However, instead of standing out there and condemns the crimes committed by Al-Bashir in different parts of Sudan, the African Union has shamelessly chosen to host Bashir-to the point where it changes the venue of summit  despite ‘Bashir’ being wanted by the International Criminal Court. South Sudanese cannot afford to remain silence on this matter, but would rather like to extend their voices to those self-imposed leaders of the African Union that maintaining a hard-line stance with criminal Bashir has nothing to do with establishing a free and democratic African society. Indeed, it is extremely sad that the Africans are seeing the African Union which would have acted as their voice in different pharipheries hijacked and redefined by some elites groups with vast financial interests.

Would it not be so offensive to ask Thambo Mbeki to go back to South Africa and babysit his grandchildren? I suggest this would be a good idea, but for Mbeki it goes on other side of the wall. Going back to South Africa and babysits grandchildren is not a good hobby he would chose to engage in. Rather keeping South Sudan-Sudan disputes in motion without finding end-solutions is the best game he would chose to play than babysitting in a retirement village where he would be faced with hell of boredoms. It has to be however made clear to Mbeki that South Sudan-Sudan conflicts are beyond his reach and relinquishing himself out from typical hide and seek game of mediation would be a best option a man of his age could make so fare. In reality, the likes of Mbeki have been exploiting South Sudan-Sudan conflicts to meet their unmet financial interests.

Dishonesty in the African Union’s mediation work has been clearly visible in many occasions. Therefore, the  people of South Sudan should not burry their heads in the sand with phony hopes that  the dead-wood African Union will bring the much needed resolution to the present conflicts in point. In regard to the up-coming round of talks in Addis Ababa Ethiopia, there are already indications that the up-coming round of talks will still follow its usual path of failure given the inability of the African Union to conduct fair-fashion negotiations and Bashir insistence of not giving any further concessions in negotiation deals with the Republic of South Sudan.

As a result of favoritism within the African Union’s mediation team, South Sudanese do not any more recognize the jurisdiction of the African Union currently on the ‘verge of collapse’ until it changes its accustomed double-dealing business and abandons its hard-line stance alongside Khartoum’s regime. South Sudanese would also need to see the African Union conducting an adequate study and analysis of the conflicts between the Republic of South Sudan and the Republic of Sudan; because it appears that the African union in its current form is ill-informed and lacks adequate knowledge to settle South Sudan-Sudan disputes. Panthou’s case is our contemporary example that shows that the African Union is incapable  to determine the precise border lines between the Republic of South Sudan and Sudan.

The African Union should also fairly diagnose ‘if it keeps overseeing South Sudan-Sudan post-referendum issues’ the causes of South Sudan-Sudan conflicts [i.e. border disputes, Abyei issue etc] to avoid premature judgments. This approach lends the African Union an opportunity to arrive at a meaningful conclusion that could hit the final nail to disputed issues between the Republic of South Sudan and Sudan. Urgent implementation of these strategies only would we as South Sudanese recognize legitimacy and jurisdiction of the African Union.  I ought to repeat that doing so will bring the widely acceptable resolution to conflicts between the two countries, but standing with Khartoum’s regime will only bring shame to African continent and barrage of international criticisms. May God bless the Republic of South Sudan!

The author of this work is a concerned South Sudanese citizen and can be corresponded at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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