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JMEC: Creation of 28 states is a political issue, not legal.

Juba – The Chairman of the Join Monitoring and Evaluation Commission (JMEC) Pres. Festus Moggae has said the creation of 28 states by the goverment is not a legal issue, but a political one and asked the parties to the peace agreement to discuss it “out of the box”

“We have agreed that the issue of the 28 state is not actually a legal issue but it is a political issue; so the parties have been directed to sit and negotiate outside the box so that the issue… is resolved,” Pres. Mogae said today

The SPLM in opposition diminish the 28 states matter as their Chief Negotiator Gen. Taban Deng pointed out that “it would not derails the peace agreement implementation”

However, the opposition as well as many other institutions including civil society organization, political parties and international community have all condemned the unilateral creation of more states in the divided South Sudan saying the act is an attempt to violate the peace agreement.

It has now been resolved by the parties to the agreement (ARCISS) and JMEC that the matter will be further discussed by the parties to the agreement and find a common consensus to move forward with the implementation of the peace agreement.

The question which may arise is: what if they don’t agree?

The agreement (ARCISS) is supreme over any national law following its adaptation by both parties as the working principle toward implementing it.
“This Agreement shall take precedence over any national legislation, and in the event that the provisions of a national Legislation conflict with the terms of this Agreement, this Agreement shall prevail” Chapter VIII, article 3 of the peace agreement explains.
In case the parties don’t agree on the issue of 28 states, the agreement which was signed in the basis of ten states shall prevail – only 10 states will work – and the matter will get resolved.

Categories: News, Politics, South Sudan