The rule of law: Human beings are worse animals without law and order
Government should use South Sudan Constitution accordingly and effectively
By David Matiop Gai, Juba, South Sudan
November 3, 2016 (SSB) — Aristotle ( 384 BC – 322 BC), a Greek philosopher and a great scientist stated that “Man, when perfected, is the best of animals, but when separated from law and justice, he is the worst of all” In South Sudan everybody is on his/her own way. The constitution is useless; people rebel without accountability even church leaders.
Addis Ababa was home for politics and Juba was a Centre for destruction, we were regarded as grass to be daub on foot in Juba but now Nairobi is the new Centre where every South Sudanese declare rebellion against government, but what may take in South Sudan, they don’t feel it because they are far away from it, they just propagate it, and disseminate liars – South Sudanese people!
Why constitution is formed? Is to declare a state and the result of constitution are to create three branches of the government: The legislature branch to make the laws; the executives to enforce the law; and the judicial to interpret the laws. We are all aware of constitution although I write an opinion article on it. The constitution embodied principles of limited government powers, separation of powers, check and balances, and finally federalism where power is divided between federal government and governments of states.
The constitution is very important to inform us to understand what the law is and where the law comes from. South Sudan constitution 2011: will make our mind as south Sudanese to understand law and the rule of law, the constitution itself, the ratification debate on national issues, articles, and the courts, and the constitution and rights as well as many others in it.
Even organizations come under constitution founding documents that members of certain organizations should understand simple of their rights, and responsibilities, and leaders understand their mandate and how to be accountable and the public may understand why the organization exists and operates? The roles, rights and responsibilities of people holding to position and not holding any position are enshrined by the effects of the constitution.
The national constitution contains everything in it or about South Sudan, its people, their behaviors, and their actions. The use of South Sudan Constitution is a part of South Sudan conflict resolution and a solution to huge political and social problems in the country. How? Because those who will be held accountable either for life in imprisonment or with death sentence will not be part of new rebellion, and those who may experience accountability will learn and abstain from others for dear lives. It is not a threat; it is a law ethics worldwide.
Human being are worse animals without law because our national constitution, laws, rules, and regulations are fantastically in big books without use and we proclaim their essences without actions. We turn them down and downplay reasons why we formed and produced the constitution, because it is these constitutions which will ties back our wild behaviors to normalcy.
For example, in areas of animals keeping communities especially Nuer, Murle, Tapotea/Kapoeta, Dinka, Mundari, etc. ropes, and fences are made to confine and regulate animals’ behaviors, and restricted their random movement in cattle camps, and homes. Don’t ask me, is our constitution not functioning? You know it.
The constitution, rules, and regulation are constituted in the countries or in organizations to block selfishness, greediness, and self-ambition, and to confine man behaviors into a narrow path of life, and channel persons that nobody may intervene and provoke the rights and freedom of others.
Although South Sudan has constitution, and prisons, the use of this constitution to maintain law and order in the new state becomes dysfunctional and weak because law in South Sudan is only so powerful on the poor and peaceful individuals, for example, the law work perfectly on sixteen officials from the office of the president, and left behind giants seventy five officials free; simply the law fear them.
Too much amnesty in the Republic of South Sudan has given special credits to wrongdoers and gave them a wide open door to act beyond human abuses, and crimes against humanity. The kinds forgiveness given to South Sudanese who always make violence as a main of getting into leadership is really turned into lawlessness even God who has unfailing love, merciful, forgivable, faithful, powerful, all knowing, omnipresent, has made hell for Satan and his defected angels as way to prevent them from contaminating his redeemed children.
I have stated in last article that where south Sudanese got this theory of rebellion, killed innocent people, ranked up yourself to Maj.General, and come back and ruled remnants of your destruction? The problem will not end soon, because if I know one, two, three, and four people rebel last month, they killed innocent civilians, and after few months, they were rewarded with high positions, and as a result they got accesses like lots of money, sleeping in hotels for free, build standard houses, drives V.8s, and enjoy national resources over the bleeding of innocent bloods/lives without consequences, accountability, and responsibility, then do you think it will not allow thousands of South Sudanese people to follow the same routes for sure?
I am here writing this article so that people who put the nation on fire for their own sake should be held accountable, because if rebellion is now promotes as a means of getting into power in South Sudan, then you people awake George Athor Deng whom I believed he died for the consequences of rebellion and instability he caused after 2010 Sudan election.
Imagine we are like quenching off a fire of fuel tank. People rebel in Upper Nile, the government called them and integrated in the army. People rebel in Bhar el ghazal, the government makes peace with them and integrated, and people rebel in Equatoria, the same government makes peace and integrated them too. So the government soldiers are all untrained soldiers, and militias for destruction purpose not national duty.
I am advising the government to let law takes its cost so that South Sudan becomes a peaceful state instead of keeping destroyers for the nation. Those people who the spirit of the nationhood, and nationalism has no room in their hearts. It is that way which may sooner assists the nation to resolves conflict sufficiently and effectively. I will be very happy if the law follows the wrongdoers now in South Sudan until fifty years to come, because South Sudan had suffered for so long.
The author is a co-founder of South Sudan mental Health Care Organization. He can be reach at david.matiopgai@gmail.com.
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