March 26, 2015 (Nyamilepedia)—-The Spokesman of the SPLM/SPLA Cpt. Mabior Garang De Mabior makes the following statement to the supporters, the masses of the people of south Sudan and the world at large regarding the unconstitutional amendment to the Transitional Constitution of South Sudan, extending the President’s office term.
“The SPLM/SPLA Leadership and membership denounce in the strongest terms the unconstitutional amendment to the Transitional Constitution of South Sudan, granting the President another three years in power”. Said Cpt. Mabior.
The IO’s Spokesman said that the decision made by Juba is not only another violation of the constitution, but also an indication that the Administration of President Salva Kiir Kuethpiny is not serious about the peace process.
The Transitional Constitution of South Sudan provides procedures for constitutional amendment that must be followed to avoid violations and abuse of power by both the legislature and executive.
“This is clearly set forth in Article 101 (F) FUNCTIONS OF THE PRESIDENT; Article 197 AMENDMENT OF THIS CONSTITUTION”. He said
Whereas, there are several problems that arise from this illegal action, and they are as follows;
- Any proposed amendment which seeks to extend the length of a term-limit provision, should not apply to a persons or persons who held or occupied that office, or an equivalents officer, at any time before the amendment. This means an incumbent cannot be a beneficiary to a constitutional amendment which seeks to extent his or her term of office.
- Any amendment of the Bill of Rights, Article 25 Freedom of Assembly and Association, Article 26 Rights to Participating and Voting. Parliament alone can’t amend the rights provided in the Bill of Rights; it must be put to a national referendum Article 193.
- Article 9 Nature of the Bill of Rights sub article (4) this Bill of Rights shall be upheld by the Supreme Court and other competent courts and monitored by the Human Rights Commissions.
- There must be a wider consultative process before any amendment is presented to the Parliament.
“The recent action by the South Sudan Legislature is another serious violation of the Transitional Constitution of South Sudan and the Bill of Rights. This is nothing short of a coup to the people of South Sudan who through universal suffrage elected the Legislative Assembly and the Executive” Read the press.
While Cpt Mabior Garang who is the Chairperson for National Committee for Information and Public Relations put it clear that The SPLM/SPLA are regretting that their partners [SPLM-Juba Faction] in the peace process have abandoned dialogue and have instead opted for political adventurism and aggressive posturing.
“The SPLM/SPLA would like to remind the Administration of President Salva Kiir Kuethpiny and his Allies that there is no military solution to this conflict and would like to caution that an escalation of war is not in our mutual interests nor in the interest of the people of South Sudan” said the IO Spokesman Mabior Garang De Mabior.
The Late son of New Sudan’s founder John Garang De Mabior said that [Them] SPLM/SPLA remains committed to the Addis Ababa and Arusha initiatives as the only way to bring peace to the war torn country, and renew their call to the region and the world to use all means at their disposal to persuade their partners [SPLM-Juba] in peace to return to the negotiating table.
“The SPLM/SPLA also takes this opportunity to renew its call for the release of the AU Report and implementation of targeted sanctions.” Capt. Mabior Garang.
Meanwhile Mabior Garang the Opposition Spokesman send a signal to their fans and supporters to remain vigilant and not be discouraged by actions of the Salva Kiir Administration which He said are intended to derail the peace process, He also said they must stay focused on the Addis and Arusha Processes which will be legally binding and which shall ultimately bring peace to the country.
MABIOR GARANG DE MABIOR (CHAIRPERSON)
NATIONAL COMMITTEE FOR INFORMATION AND