NCAC hands over constitutional amendment to Constitution Minister

NCAC Chairperson Mr. Gichira Kibara (left) hands over Transitional Constitution of South Sudan, 2011 (Amendment) (N0.6) Bill, 2019,to the Justice and Constitutional Affairs Minister, Hon. Paulino Wanawila on Thursday. NCAC Chairperson Mr. Gichira Kibara (left) hands over Transitional Constitution of South Sudan, 2011 (Amendment) (N0.6) Bill, 2019,to the Justice and Constitutional Affairs Minister, Hon. Paulino Wanawila on Thursday.
Thursday, 24 January 2019 14:46

The National Constitutional Amendment Committee  (NCAC) has on Thursday handed over the Transitional Constitution of South Sudan, 2011 (Amendment) (N0.6) Bill, 2019 to the Minister of Justice and Constitutional Affairs as per the requirements of Articles 1.18.1.1and 1.18.6of the Revitalized Agreement for the Resolution of Conflict in the Republic of South Sudan. This is a Bill for an Act to Amend the Transitional Constitution of the Republic of South Sudan, 2011(as amended) to incorporate the Revitalized Agreement signed on 12 September 2018 in Addis Ababa, Ethiopia. It takes into consideration all five (5) previous amendments to the Constitution.

The deliberations in the incorporation involved meetings, which were attended by all the members of NCAC including SPLM/A-IO and SSOA representatives who travelled from outside the country to participate in the process. The Committee deliberated and agreed on all the provisions of the Agreement except the issue of how to refer to the System of Government during the Transitional Period as either decentralizedor devolved.This issue was referred to a RJMEC Committee (of all parties to the Agreement) and a resolution on the same was reached on Monday 21stJanuary 2019 and adopted by the RJMEC Plenary on Wednesday 24thJanuary 2019. The Bill is in accordance with the RJMEC resolution.

Some of the key changes in the Billinclude the establishment of the Revitalized Transitional Government of National Unity (RTGoNU), provisions on the Presidency consisting of the President, the First Vice President and the four (4) Vice Presidents, increasing women participation from twenty five percent to at least thirty five percent and establishment of transitional institutions and mechanisms. The Bill also provides for the expansion of the expansion of the Transitional National Legislative Assembly (TNLA) and the formation of a unified national armyduring the Transitional Period. It further emphasizes the issue of Development and equitable sharing of national wealthincluding establishment of a National Revenue Fund, Wealth Sharing and Revenue Allocation and restructuring of some financial institutions;

The NCAC has also submitted an official report to the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) detailing the process of incorporation. This report highlights the steps undertaken as well the successes and challenges encountered in the carrying out of this task and highlight the areas noted in the process that require the attention of the Parties to the Agreement as the implementation of the R-ARCSS moves forward.

The Bill is signed by all members of the Committee except those from SPLM/A-IO who objected to the presentation of the Bill to the current Government (TGoNU) instead of the Reconstituted Government (RTGoNU) and to the resolution of the issue of decentralization/ devolution.

While presenting the Bill, NCAC chair Gichira Kibara said, “This Bill is a milestone in the implementation of the Agreement and demonstrates the Parties’ commitment to implement the Agreement. The Committee will now focus on finishing the review/amendment of security laws as required by the Agreement,”