South Sudan Parliament: Urgent Motion on the Transfer of National Capital from City of Juba to Ram-Chiel

1. Whereas the Transitional National Constitution article 50 sub-article (4) and (5) affirms that:

4. The City of Juba shall be the National Capital of South Sudan and the seat of the National Government. Its territory and administration shall be defined and regulated by law.
5. Without prejudice to sub-article (4) above, the National Government may relocate the National Capital to any other location within the territory of South Sudan

2. Article 50 sub-articles (4) of the National Constitution proclaimed Juba as the National Capital therefore this has superseded any other legal competence of any other level of government in the land. What makes it difficult for the Executive to implement this provision of the supreme law by tabling to parliament a bill to define the territory and administration of Capital?

3. However, if the opinion of Ram-Chiel or others areas were to be considered among the best options; has the executive prepared a bill of establishment to Parliament for the choice of the new National Capital, which shall give lawmakers clear merits and demerits based on feasibilitystudies, than proceeding with implementation without regard to legal processes?

4. The reasons of transferring the capital to Ram-Chiel can be highlighted in the Council of Ministers Resolution of 2^nd September, 2011. According to the press statement by the Minister of Information, revealed that the resolution to relocate the capital to Ram-Chiel came as a result of the Bari Community categorical refusal to give land for the establishment of the National Capital city? Has the Hon Minister comprehended how this statement opened up ‘flood gates’ of revulsion against a segment of its community around Juba; accused them for refusal to give land for National Capital and consequently, blamed for being responsible for the transfer of the capital city to Ram-Chiel? Which land in the South Sudan Mr Speaker can be void of community’s ownership or rather to say a no-man’s land?

5. Subsequently, this statement should have never come as to mean government has succumbed to local community pressures. Looking back to hindsight, we have finally disposed the Southern Sudan Interim Constitution especially the clause inserted during the CPA which says “Land belongs to the community” this was a tactical argument by the SPLM delegation during the peace talks in order to deny GOS the rights of ownership of South Sudan land which is now irrelevant. Currently, the Transitional National Constitution of the Republic of South Sudan article 170 sub articles (1) and (2) have redefined the land ownership and land tenure as follows:-

6. Mr Speaker, can there be clarity by the Government negotiators on the processes of the previous dialogues and negotiations with Central Equatoria Government or therefore the community around Juba on the status of the present capital – Juba? Hon. Speaker Sir, at this moment in time, must some of those arguments still legally valid; given the changes in the TCRSS specially the separation of ownership of land and land tenure? Shall we assume rightly that the constraints responsible for those deadlocks between the government levels and communities have now lapsed with enactment of the TCRSS?

7. Mr Speaker Sir, given the Government priorities, has the transfer and building of the National Capital a priority of the RSSG at this moment in time; amidst high expectations by the population of the newest country that yearns for what our able President H. E. General Salva Kiir Mayardit stated in his address to the Joint Legislature as vital Government priorities; education, agriculture, health, physical infrastructure, clean water, rule of law, electricity being engine of production where by cottage industries shall shrive among other factors of production. The Nation needs to invest consciously on alternative sources of revenues than squandering the little we receive on unproductive primacies.

8. Oil is a major Republic of South Sudan revenue earner. In the last FY 2011 Budget, oil revenue stood at 98% and non-oil disappointingly at a meagre 2%. With this rich knowledge of fiscal constraints, from where shall the money to service the building of the new Capital comes from? The flow of this resource may never been forever we must invest the proceeds accrued from it for productivity so that we continue to rip the benefit to the future. Therefore Parliament needs to know the implicative breakdown of the revenues and expenditure in this project which may run in billions.

9. Also Article 59 (g) on competences of the Council of State reads: The Council of States shall be competent to approve changes in state names, capital-towns and boundaries;this opinion has not been forwarded to the Council of States for perusal and approval. Does the Executive also plan to ignore this legal procedure on the bicameral competences and therefore progressed with impression of single track implementations without tabling a bill for the Change of name from Juba to Ram-Chield?

1. The National Transitional Constitution has been circumvented by the decision of the Executive who decided to proceed to implement Council of Ministers resolution 2^nd September 2011 for the transfer of the National Capital from Juba to Ram-Chiel, without Parliamentary approval. Parliament should request the Executive to evoke Article 171 sub-article (2) and to implement the provisions which is jealously guarded in the Constitution article 50 sub article (4) by tabling a bill that defines, demarcate and warranting the establishment of the National Capital.

2. The Transfer and Building of new National Capital has never been a priority of the Government at this period in time when the Nation still relies entirely on oil revenues from Greater Upper Nile. Hence the Nation need to implement basic services like education, health, hydro-electric power as engine of production, infrastructure and most of all food security for the people of this new Nation. Therefore Parliament should request the Government to prioritize its work plan on programs that benefits the people and those that shall continue to generate income to this great Nation. Also try to restrain executive from rushing on massive expenditures on unproductive programs.

3. Parliament to differ any approval of funding to the plan to relocation of Capital city until the end of the Transitional period and to relocate the money if any to most urgent national priorities.

Motion on Transfer of National Capitalfrom Juba to Ram-Chiel.pdf 338K   View   Download

Motion on Transfer of National Capitalfrom Juba to Ram-Chiel.docx 26K   View   Download

About Post Author

PaanLuel Wël

administrator

PaanLuel Wël is the founder and editor-in-chief of PaanLuel Wël Media Ltd, a news website that covers news, opinions, analysis, history, culture and literature of South Sudan and the world. Founded in July 2011 by PaanLuel Wël to create a platform for free expression and constructive dialogue, the website features articles from various contributors, including columnists, commentators, poets, authors, activists and academics. PaanLuel Wël believes that media can play a vital role in informing, educating and empowering the people to participate in nation-building and social transformation. He also believes that media can foster a culture of dialogue, tolerance and diversity among different communities and groups, and hopes to inspire and mentor the next generation of South Sudanese writers and journalists.

See author's posts