NCAC submits Security Bills to Minister of Justice and Constitutional Affairs

NCAC Chairperson Mr. Gichira Kibara (right) hands over Security Laws amendment Bills to the Justice and Constitutional Affairs Minister, Hon. Paulino Wanawila c NCAC Chairperson Mr. Gichira Kibara (right) hands over Security Laws amendment Bills to the Justice and Constitutional Affairs Minister, Hon. Paulino Wanawila c
Thursday, 25 January 2018 12:50

The National Constitutional Amendment Committee (NCAC) has on Thursday handed over five security Bills to the Minister for Justice and Constitutional Affairs.

This is after the five Amendment Bills for the security laws namely SPLA Act 2009 (Amendment) Bill, 2018, the National Security Act 2014 (Amendment) Bill, 2018 the Police Service Act 2009 (Amendment) Bill, 2018, the Prisons Service Act 2011 (Amendment) Bill, 2018 and the Wildlife Service Act 2011 (Amendment) Bill, 2018) were completed and unanimously adopted by the Committee which has representatives from all the parties to the Agreement.

Speaking during the hand-over at the Ministry’s head offices in Juba, NCAC Chairman Mr. Gichira Kibara said the amendments of the laws have been developed through a consultative and participatory process involving consultations with various stakeholders in South Sudan.

The Committee had also undertaken a thorough review of policy documents governing the security sector and considered best practices in the region, Mr. Kibara added.

“They (the Bills) address various issues including promotion, protection and respect for human rights and the rule of law, constitutional and democratic governance in the Republic of South Sudan,” he said.

“The amendments are geared towards ensuring fair and inclusive recruitment and accountability. The amendment also reflect the power-sharing between the President and the First Vice-President in the appointment, commissioning, retirement and dismissal of officers of the organized forces as provided in the Agreement (Article 8.1.2),” he said.

Justice and Constitutional Affairs Minister Hon. Paulino Wanawila received the Bills.

The Minister thanked the Committee for the completion of the Bills and its continued collaboration with the ministry in undertaking legal reforms in the country.

The Minister is expected to present the bills to the Council of Minister and thereafter tabled at the Transitional Legislative Assembly (TNLA) for debate and adoption.

“We try our level best to deliver these Bills in a timely manner,” he said.

The amendments include, professionalization of the security forces (Articles 151 and 155 of the TCRSS), deletion of provisions referring to the Interim Constitution and replacing them with reference to the Transitional Constitution, 2011, and the requirement that recruitment to organized forces should reflect the diversity of the people of South Sudan and be equitable, based on the States and population quota.

Others are amendments requiring gender equity in the organized forces to reflect the Constitution which provides for at least 25% representation of women in all institutions, amendments recognizing the Joint Integrated Police and its role during the transition period, amendments incorporating changes in the organized forces since the laws were enacted and responding to recent changes in the organized forces and providing clear criteria for recruitment and appointment into the organized forces.

Amendments to the security laws are drawn from, the direct provisions of the agreement; the Transitional Constitution of the Republic of South Sudan 2011 (Amended) 2017, submission by parties/stakeholders, proposals by the security institutions based on their experiences and best practice, amendments necessitated by SDSR review process and international, regional obligations (treaties or agreements ratified by South Sudan)