The Dysfunctional Lawyer And Minister Of Justice Of The Republic Of South Sudan, Statement in Sudan Tribune, March/ 15/2015, On The Controversial National Security Services Bill. Paulino Wanawila Unango.
By Hon. Riaw Gatlier Gai Chuol,
Former MP, and;
Chairperson of Finance and Economic Development Committee,
Council Of States.
March 16, 2015(Nyamilepedia) — It has been clearly and apparently shown by his public comments on this controversial national security services bill that the man is either not well qualify in his professional profile as a lawyer or he is being igorant on his educational background or else is just being abusive to the transitional constitution of the republic of South Sudan, 2011, deliberately, otherwise he would have not said the following quotes: Para.2. ” The bill could eventually be passed into law after the required-30 days elapsed” Para. 3.
“The bill becomes a law if the President has not signed it within 30 days after the receipt following passage by the parliament and when comments or observations have been made in writing” Para. 4. ” If the President responds and sends back the bill to the parliament, the bill is introduced again to the house as if it were a new bill and process start again Unango said” Acorrding to him the national security bill had overstayed in the country’s national legislative assembly without new processes and procedures being initiated after it returned before lawmakers” Para. 6. ” The President sent it back to parliament for review and it has overstayed. Also know that 33 days had elapsed when it was sent to the parliament from the office of the president. By law, it was already a law because when the president sent the bill back to the parliament 33 days elapsed since his receipt of it” therefore, according to the constitution, it becomes ” law” he stressed. End of quotes;
My argument here is when I read the transitional constitution of the republic of South Sudan, 2011, together with the National Legislative assembly conduct of business regulations, 2011, which was the one being used by the National Legislature to carry out its business to pass laws and others procedures; and which is now just copy and paste into the new national legislature conduct of business regulations, 2013, all these regulations were being derived from the transitional constitution, 2011, and specifically the subject matter of discussion is being derived from Article 85 Assenting to a bill by the president.
Art. 85, sub.Art.1. “Any bill approved by the National Legislature shall not become a law unless the president assents to it and signs it into law. If the President withholds assent for thirty days without giving reasons, the bill shall be deemed to have been so signed” Sub.Art.2. ” If the President assent to the bill withholds and give reasons within the aforementioned thirty days, the bill shall be re-introduced to the national legislature to consider the observations of the president” only.
Sub.Art.3. “The bill shall become a law if national legislature again passes it by a two-third majority of all members and representatives of the two houses and the assent of the president shall not be required for that bill to come into force” and you can read it together with section .109, sub.section (1), a and b and sub.section. (2), a, b, and c, which are containing the same wordings and procedures compare to the above mentioned Article and its sub.Articles.
So now according to the Para. 2. the Justice minister, said that the bill could eventually be passed into law after constitutional requirement of thirty days elapsed, well and good, which one is which now the president or the parliament to pass the bill into law in this case. While the thirty days period is/are only given to the president to either Assenting the bill into law or sends it back to the parliament with his observations to be considered.
Hence if Unango means to say that when the NSS bill was sent to the president by the parliament in Sept. /2014, and it has spent more than thirty days required by law in the office of the president, then what need to be cleared and understood by the unlearned minister is that the time of rising this complaint has already by passed him, because as government’s official legal advisor, he sould have advised the president not to send back the bill to the parliament after it has spent the period beyond legal requirement. My dear S.S. Citizens and sympathizers of the young nation, can you see and feel how this country ‘s system is being underdog treatment by Salva kiir and his idiot cohorts. Para.4. “The minister is totally off point” yes the procedures can be started from first, second, third and final readings, but the bill cannot and will never be new again except within it the observations of the president to be considered by the parliament or passes the original texts of the bill as it was sent to the president.
Para.5 and 6. Are only contains the complaint of the Wanawila, that the bill has overstayed in the country’s national legislature and be retrospected. On my view and maybe the simply masses of S.S , regions and International community shall agree with me that, the national minister of Justice was supposed to complaints and urged the lawmakers to speedily consider the observations of the president/ actually the observations were not made by the president but by the local and international human right bodies, but as for the legal necessity we say”president”.
So it cannot and will never happened under the sun that this law of the NSS bill will be treated as a retrospective effect. If thirty three days elapsed before it has got its way back to parliament and you took no notice due to your sick legal experiences and the all system blindness of which you pinned and scrutinized only the government businesses which are carries millions and billions of U.S’ dollars, to grab and take your portions out of it, then as for this law it is a gone case, it must be amended to resemble the values and socials linkages of S.S citizens and coopt with regional and international practices, no way. That is why the SPLM /A, leadership and the people of the young nation wants reforms and transformations in all government organs, and sectors and above all the the system of governance from un implemented decentralized one to the most popular Federal system of governance.
Conclusion; My lover citizens of the republic of South Sudan, and the entire supporters and sympathizers of the SPLM / A, we are here by appealing to you that it is better to be killed through and under liberation principles under the leadership of H.E, Dr. Riek Machar Teny, Chairman and Commander in Chief of the SPLM / A. A democratic, learned, surefooted, and nimble leader than to be killed and slaughtered day and night in cold blood. And some of you might think that the ethnic cleansing and annihilation planed was only for Nuers as a community and individuals, no it was yesterday applied on Nuers, then tomorrow it maybe Equatorians with their different communities set-up, Shulluk and while the day before yesterday was for Murle etc.. therefore, we must fights for the free-society of our country.
Hon. Riaw Gatlier Gai Chuol, former MP, and Chairperson of Finance and Economic Development Committee, Council Of States. A member of the freedom fighters. can be reached by email: firstname.lastname@example.org