An Analysis of whether or not the Presidential Decree No. 126/2015 Legally confers Dismissal and appointment Powers on the Governors
By Tong Kot Kuocnin, Nairobi, Kenya
December 8, 2016 (SSB) —- Prior to the end of the year 2015, a wave of jubilation engulfed the country precipitated by Order #36 which created the current 28 states. On 27th of December 2015, another decree cancelling the existing 10 states was issued under the hand of the president and on 31st December 2015, another presidential decree No. 126/2015 was issued for the appointment of the governors of the new states in the country.
However, while the people of South Sudan were engulfed in a lot of celebrations, one thing passed unnoticed either by the president himself who is the appointing authority or his so-called Presidential Advisor on Legal Affairs, whom many people presumed to be engine that drives every legal vehicle the president uses. That is, what we called ‘constitutional vacuum’ in the legal vocabulary, I wished my learned presidential advisor on legal affairs knows this.
This is what this author, being a constitutional law specialist wanted to tackle. The analysis is not about the creation of 28 states and how they were created but on the widest legal and constitutional vacuum created forthwith or brought about by the creation and cancelling of the previous 10 states as per the Transitional Constitution of South Sudan 2011 (Amendment Act, 2015). As the Transitional Constitution was successfully amended, it gave room and powers to the president to create more states, although it wasn’t so definite that the president has powers to create 28 states but he was given a leeway to create more states depending on any number of states which may be created.