Delayed parly reform obstructs constitution review process

The stalled process of establishing a reconstituted parliament since the formation of the coalition government in February 2020, is halting the critical mandate of the National Constitution Amendment Committee.

South Sudan has been running without a reconstituted parliament, halting critical legal activities for effective sectoral reforms in the country, including constitution amendment.

Clement Mbogoniwia, Representative of South Sudan Opposition Alliance (SSOA) at the National Constitution Amendment Committee (NCA) said eight critical bills have been drafted but none has been ratified.

The bills include the Interim Constitution of the Republic of South Sudan 2011, the SPLA Act, 2009, The National Security Act, 2014, the National Police Act, 2009, the National Prisons Service Act, 2011, The Wildlife Act, 2011 and the Fire Bridget Service Act, 2009.   

“These laws are supposed to go to the Parliament for ratification but they are still because we do not have parliament at the moment.

“The parliament which exists now is not a parliament of the Revitalized Transitional Government of National Unity. So, it needs a revitalized parliament to ratify all the bills that have been amended,” Mbogoniwia said.

Chapter 1.18.1.2 of the Revitalized Agreement on the Resolution of Conflict in the Republic of South Sudan (R-ARCRSS), provides that NCAC shall complete reviewing of these bills within 90 days of the signature of the agreement.

According to NCAC, the eight amended bills were handed over to the Ministry of Justice and Constitution Affairs to be presented to the cabinet for approval before being taken to parliament for ratification.

Mbogoniwia said the NCAC has already reviewed and completed all the necessary bills but the Revitalized Government of National Unity was yet to reconstitute parliament to enable ratification into laws.

It is not known why the Revitalized Parliament has not been established for nearly one year since the formation of the Revitalized Government of National Unity in February this year.

Parties to the agreement have not ensured the completion of the formation of governments at State levels as both principals pull strings over the appointment of Gen. Johnson Olony to the gubernatorial seat of Upper Nile.

According to Chapter One of the revitalized agreement, parliament was supposed to be expanded to accommodate parties such as the incumbent Transitional Government of National Unity with 332 seats, SPLM-IO with 128, and SSOA and OPP to have 50 and 30 respectively while FD gets 10 seats.

The NCAC says it is reviewing two laws, including the Public Finance Management and Accountability Act, 2011 and the Southern Sudan Audit Chamber Act, 2011 which, if completed, will make a total of ten amended bills awaiting ratification.