Under the ARCISS, can the president sack Dr. Cirino Hiteng of G-10?
Dr. Cirino Hiteng (G-10) Fires by President Kiir: Does that violate the peace agreement?
July 12, 2016 (SSB) — Under the ARCISS, can the president sack Dr. Cirino Hiteng, deputy minister for foreign affairs, without prior consultation with, or perhaps consent from, Pagan Amum (the G-10), the appointing authority? Legally speaking, if the president can fire Dr. Cirino Hiteng, then he can fire anyone in the TGONU, including ministers from the SPLM-IO without consulting with or tacit consent from Dr. Riek Machar.
Here is what the IGAD Peace Agreement says on the dismissal of ministers under the TGONU:
10.5. Selection of Ministries and Appointment Procedure for Ministers and Deputy Ministers
10.6. Replacement and Removal Procedures:
10.6.1. Each Party may remove its representatives in the Council of Ministers and nominate replacements by notifying the President and the First Vice President, with at least fourteen (14) days notice;
10.6.2. In the event that a Ministerial post falls vacant during the Transition Period, the replacement shall be nominated by the top leadership body of the party that first selected that Ministerial portfolio, as appointed at the commencement of the Transition. The replacement Minister shall serve in office until the end of the Transition Period;
10.6.3. In the event that a Deputy Ministerial post falls vacant during the Transition Period, the replacement shall be nominated by the top leadership body of the party that first nominated that ministerial portfolio, as appointed at the commencement of the Transition, or their duly chosen replacements as Ministers. The replacement Deputy Minister shall serve in office until the end of the Transition Period.
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