PRESS RELEASE: MAJOR CHANGES INTRODUCED BY ITGNU INTO THE CONSTITUTION AMENDMENT BILL (CAB), 2020 INCORPORATING THE AGREEMENT

March 28, 2020 Newsbeat

H.E. DR. RIEK MACHAR TENY (PhD)

FIRST VICE PRESIDENT OF REPUBLIC OF SOUTH SUDAN

AND CHAIRMAN AND COMMANDER-IN-CHIEF OF SPLM/SPLA

DEAR EXECELLENCY,

Members of the The National Constitutional Amendment Committee (NCAC) posting for a picture in Juba, South Sudan(Photo: file)

March 28, 2020(SSNN) — I am writing with grave concerns over the changes introduced by ITGoNU (a party to the Agreement) into the Constitution Amendment Bill (2020). The NCAC pursuant to Article 1.18 has incorporated the Agreement into the TCRSS (2011) as amended and produced a bill which was signed into law on the 19/2/2020 by the President of the Republic of South Sudan.

The NCAC has also completed amendment of; The SPLA Act, 2009; The National Security Act, 2014; The Police Service Act, 2009; The Prison Service Act, 2011; The Wildlife Service Act, 2011; Political Parties Act, 2012 and drafted the Fire Brigade Service Bill (2019). We have noted however that out of 124 amendments in the Constitution Amendment Bill (CAB) number six (6), 2020, the ITGoNU deleted, modified and inserted some new provisions therein and thus made the following changes:

Amendment number (6) in the Bill (CAB, 2020, pg. 10); Article 3 (5) of TCRSS (2011) as amended; regarding the Supremacy of the Constitution; pursuant to (Article 8.2-4 of RARCISS), has been deleted from the Act to omit the supremacy of the Agreement;
Amendment number (6) in the Bill (CAB, 2020, pg. 10); Article 3(6) of TCRSS (2011) as amended; regarding the procedure of incorporating the Agreement into TCRSS (2011) as amended pursuant to (Article 1.18.6-8 of RARCISS) has been modified in the Act to automatically extend the life and composition of the ITGNU Legislature;
Amendment number (30) in the Bill (CAB, 2020, pg. 20); Article 87 of TCRSS (2011) as amended; regarding consultative powers in the Presidency to initiate Constitutional amendments, legislations and institutional reforms pursuant to (Article 1.9.4 of RARCISS) has been deleted from the Act to ensure that the First Vice President and the Four Vice Presidents do not initiate any legislations or institutional reforms;
Amendment number (39) in the Bill (CAB, 2020, pg.25) deleting and restructuring Article 102 (2) of TCRSS (2011) as amended; regarding the temporary absence of the President or vacancy of the office of the President and the Unification of the ruling party; pursuant to (Article 1.6.3-5) has been modified to retain the provision on unification of the ruling party;
Amendment number (86) in the Bill (CAB, 2020, Pg.58); Article 164(1), (2) and (3) of TCRSS (2011) as amended, regarding the composition of State Legislative Assembly pursuant to Article 1.16.2-5 of RARCISS has been modified to allow automatic retention of the current composition of State Legislative Assembly;
Amendment number (87) in the Bill (CAB,2020, pg.59); inserting Article 164A regarding the grounds for removal of state governors, has been deleted from the Act.
Amendment number (123) in the Bill (CAB, 2020, pg.95) Article 203 of TCRSS (2011) as amended, regarding Permanent Constitution and its processes pursuant to Chapter Six (6) of the RARCISS has been deleted and a new provision has been inserted to nullify Chapter Six on Permanent Constitution and provisions on conducting National Elections under Article 1.20 of RARCISS, and the new provision reads as follows: Article 203. “National Elections and its processes shall be governed by the Transitional Constitution of the Republic of South Sudan, 2011 before coming into force of the Permanent Constitution”. This particular insertion is a deal breaker.
Other changes made in the Constitution Amendment Bill (2020) are contained in the Act under Articles: arrangement of clauses, Preamble, 3, 36(2)(b), 48, 51, 52, 53, title of Part Five, 54(1), 55(3)(f), 68, 69, 76, 87, 88(e), 102(2), 104, 106, 124, 148, 150, 154, 164A, 165, 172A, 180(7), 182, 189, 196, 197A. Essentially, the ITGoNU has carried out thorough review of the draft bills of produced by the NCAC contrary to the Agreement.

The work of NCAC pursuant to the Revitalized Agreement is final and cannot be subject to review or amendment by any party or organ of government. The Transitional National Legislative Assembly (TNLA) and the President of the Republic of South Sudan shall only ratify and assent respectively to the Constitutional Amendment Bill or any legislation drafted by NCAC pursuant to (Article 1.18.6-8) of the Agreement without effecting change on any provision.

The purpose of this letter is to bring these grave violations to your attention for immediate action.

Accept your Excellency the assurances of my highest regards.

Hon. OYET NATHANIEL PIERINO

MEMBER OF NATIONAL CONSTITUTION AMENDMENT COMMITTEE

SPLM/SPLA (IO)

Copy: Chairman NCAC.