Nairobi – The Group of Ten (G10) (former political detainees) who are senior members of the divided ruling party, SPLM, have questioned the “constitutionality” of Kirr’s order to creat more states and especially at this “delicate time when the Country is geared toward the implementation of the agreement for resolution of conflict in South Sudan”
Despite having been to Juba for reunification of the party, the group has continued to maintain their position as G10 and signed as such during the peace agreement signed last month in Addis Ababa and Juba by them alongside Machar and President Salva Kirr respectively.
“The issue of federalism was one of the contentious point during the negotiation, because the SPLM-IO insisted that Federalism should be implemented in the agreement immediately and fully, which both the goverment of South Sudan (GRSS) and ourselves (FDs) rejected on ground that no proper study has been conducted” ~ John Luk Jok, the spokesperson of the group recalled.
John Luk, who, according to the history of South Sudan constitution, personally wrote the constitution empowering the president more than the parliament and the judiciary and as well as over other elected goverment officials in the states, has made reference to different articles in the constitution but none has given authority to President Kirr to issue this order.
According to John Luk Jok in a press statement he issued on the 4th of this month, the group have recomended the below point to be considered by the government:
- Suspension of the Presidential Order no. 36 during the pre-Interim period and to follow the proper and normal procedures for amending the constitution through the legislative process in order to allow for participation of all political forces of the Country in the discussion of this important matter. Anything agreed during these inclusive discussion would then be translated into a Legislative Bill for consideration by the National Legislature
- Establishment of National Boundaries Commission to undertake careful study of the administrative boundaries of the states in order to avoid conflict among the communities as a result of the creation of the new states and to ensure stable and non – conflictual states boundaries