The illegality, unconstitutionality, and unpopularity of Eastern Lakes cabinet
7 min readBy Tong Kot Kuocnin, Nairobi, Kenya
June 7, 2017 (SSB) — First and foremost, as a legitimate citizen and a son of Eastern Lakes State, allow me to register and adds my voice to the unfolding political wrangling which has been dominating the social media for the past couple of days of the allegations that the Hon. Governor of Eastern Lakes State has been quoted on Radio Tamazuj to have said that he has the power to dissolve the Transitional Legislative Assembly of Eastern Lakes State, a statement which prompted the two or three honorable MPs to go viral on both the social media and radio interviews.
The said allegation has been voiced out in the social media and Miraya FM radio interviews by the said honourable MPs of Eastern Lakes State Transitional legislative Assembly with regards to the status of the cabinet of Eastern Lakes State. This is a serious matter which must not be ignored. However, before I indulgent you into the burning issues for discussion in this article, I wish to briefly explain the legal and English terms thrown around and alleged to have been uttered by the honorable MPs as they appeared in the heading of this article.
Defining these terms will appreciate our understanding both legally and constitutionally before embarking on to discuss them without giving them their literal meaning. This I think will help us understand and appreciate the understanding of the issues under discussion. The term ‘illegality’ in law means unlawfulness by virtue of violating some statute in force. Anything illegal means something prohibited by law or by official or accepted rules or norms. The word ‘unconstitutionality’ means any act or conduct or action or omission not consistent with or according to a constitution.
The two terms ‘legality and constitutionality’ of any institution are sometimes used interchangeably to mean one and the same in most constitutional jurisprudence. This is the context in which they will be used in this article. However, the words, ‘unpopularity and unrecognition’ are normal English words and they mean different thing each at different times. The word ‘unpopularity’ literally means the quality of lacking general approval or acceptance and ‘unrecognition’ means not recognized or not having a secure reputation.
However, as we have briefly defined the terms by giving them their plain literal meanings, the question that could be asked here is that, is the cabinet of Eastern Lakes State illegal as alleged by the honorable MPs? Is it Unconstitutional? Is it unpopular? Is it Unrecognized? I may not be able or well positioned to give perfect answers to these questions but given their plain literal meanings, the answers seems to be straight forward and only a person with limited jurisprudence will fail to comprehend.
Well, these are questions which aren’t easy to answer as I said, but one thing is most striking. The question as to who determines the illegality and unconstitutionality of the cabinet of Eastern Lakes State? Who measures its popularity and exalts its recognition? There is a lot more to be desire in this case scenario. First, that the cabinet of Eastern Lakes State is not illegal nor is it unconstitutional. It is legal and constitutional.
Legal and constitutional in the sense that it came into being as provided for under the provisions of Article 47 of the Transitional Constitution of the Republic of South Sudan, 2011 (Amended 2015) which provides for the Decentralized System of Government in the Republic. Its legality stem out this provision of the Constitution which is the fundamental Grundnorm governing the conduct of affairs of this country. It is therefore legal and constitutional and the idea and thinking of its illegality and unconstitutionality would be hitherto absurd and ridicules.
Equally, if the cabinet of ELS is illegal and unconstitutional, then the Assembly would also be illegal and unconstitutional since the two arms of the government came to being using the same parameters and mechanisms of appointment given the constitutional revolution in which the terms and clauses of the ARCSS outweighs the provisions of the Transitional Constitution. The legality and constitutionality of the Transitional Legislative Assembly of the defunct Lakes State ceased on the 9th of July 2015 just all other states legislative assemblies in South Sudan when their tenure of offices lapsed as per the provisions of the constitution and national election law.
It was further made defunct when the President dissolved the known ten (10) states of the Republic and created more twenty eight states in 2015 making all the previous states defunct with their legal instruments unless new legal instruments were created to breathe legal and constitutional life to the new states. On the same token, it must be bore in mind that the current Transitional Legislative Assemblies in all thirty-two states (32) are in operation with no any legal instrument of law and their mandate isn’t from the people but from the president of the Republic on whose prerogatives they were appointed to serve until 9th July 2018, if indeed the country shall go for elections.
The other disturbing question is whether or not the cabinet of ELS is unpopular and unrecognized. This question whether or not the cabinets is popular or recognize is loose. Loose in the sense that the popularity and recognition of the present cabinet could be deduced from the people of the state themselves. Fact must be told. If there is indeed any cabinet that is very popular and very much recognize, then it is the cabinet of Governor Bor Wutchok.
To substantiate this argument, I humbly advise the readership to have a recap and glimpse look at the mammoth reception done to the Governor in Juba at freedom Hall and the other most colorful than any event that was conducted in Yirol when all the intellectuals of Yirol boarded a plane to escort him (Governor Bor) to the State, something that didn’t happen to his predecessor.
How do you measure the popularity and recognition of Governor Bor’s cabinet more than this, I mean, who again is to measure its popularity and recognition more than the people of Yirol themselves who were here in Juba at Freedom Hall and who were there in Yirol doing the same. A fact must be accepted. A fact must be accepted that there is a general approval and acceptance of the cabinet of ELS by its people themselves. The cabinet has been recognized and it has a secured reputation from and amongst the people of Yirol.
As a matter of necessity, we must bore in our minds that the Agreement on the Resolution of the conflict in the Republic of South Sudan, 2015 is a guide upon which governments at various levels, be the national or state government were to be formed in accordance with terms and conditions of the Agreement. We must be very careful with words uttered.
There is no any constitutional crisis in Eastern Lakes State but instead there’s a constitutional supremacy where the conducts of the government are strictly done within the ambits of the law compare to the previous administration which had held its people as hostages by adulterating them at will. Our MPs must be told one thing that they’re sent to represent us in the parliament but not to go hunting for their own interests.
We’re proud to have them representing us by looking at issues and matters that affects us but not pursuing and chasing those that are at behest of the people they represented. They’re our voices and our eyes. They must speak out on matters and issues that we don’t say and they must see things and matters that we don’t see.
But if they see things and sleep, if they heard and see things and they don’t talk, then we shall be forced to deprive such weak, lousy, incompetent and incapable MP of the privilege of representing us in the State parliament comes 2018 general elections. It is to be succinctly made clear that the cabinet of ELS is not illegal, unconstitutional, unpopular and unrecognized.
It is legal, constitutional, popular and recognize by the sons and daughters of Yirol and they alone are the ones to measure the legality, constitutionality, popularity and recognition of the said government. Remain bless and let’s make Yirol great again. Yriolda Pok-Kuli-Chi.
You can reach the author via his email: bullen tong <tongbullen@gmail.com>
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