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The Speaker of the Council of States has called on the executive and legislative arms of the government in the states and administrative areas to respect the constitutional mandate of each other in carrying out their functions.

Deng Deng Akon made the call in his address to the governors and chief administrators at the closing of the governors’ forum on Monday.

He commended the presidency for the formation of states and administrative area assemblies and urged the Reconstituted Transitional Government of National Unity (R-TGoNU) to complete the formation of the remaining states and administrative area assemblies.

Akon urged the governors and chief administrators to respect the constitution and other legal governing frameworks that give the mandate to the council of states to summon constitutional post holders to answer queries in the areas that fall within their responsibility.

“Council of States would like to emphasise the interlinkages and the council mandate prescribed in articles 49 and 59, respectively, of the Transitional Constitution of the Republic of South Sudan 2011, as amended,’’ he said.

According to him, adherence to the law would provide a basis for good governance and working relationships between the state councils and state governors and chief administrators.

He warned the two arms of government in the state and administrative areas of overstepping their constitutional mandate by encroaching on the domains of the others and urged them to use the separation of powers to complement one another.

Akon said the complementary role if adhered to, would prevent conflict between the two arms of the government in the states and three administrative areas.

“The two governments at this level must not obstruct the council of state from carrying out their constitutional mandate of overseeing the action or inaction of their respective governments,” Deng emphasized.

According to article 49 section 1 (b), (i) and (ii) of the constitution, all levels of government shall respect each other’s powers and competencies and collaborate in the task of governing and assisting each other in fulfilling their respective constitutional obligations.

Section C of the article stated that government organs at all levels must carry out their functions and exercise their powers in such a way that they do not encroach on or assume powers or functions conferred on any other level, except as provided for in this Constitution.

In addition, Article 59 also mandates the council of state to request statements from governors and national ministers concerned regarding the effective implementation of the decentralised system, the devolution of powers, and any other issues related to the states.

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