Archive for the ‘Daniel Juol Nhomngek’ Category


By Daniel Juol Nhomngek, Kampala, Uganda

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February 24, 2017 (SSB) —- In the recent report that appeared on Radio Tamazuj website published on 19 February, 2017, it was reported that members of Gok community in South Sudan’s capital, Juba had withdrawn their confidence from the Governor of Gok state, Madhang Majok Meen, over charges of undermining the rule of law and mismanagement in the state.

Radio Tamazuj further reported that the decision to withdraw the confidence from the State Governor was reached at a meeting held at the residence of Daniel Awet Akot, the Presidential Adviser on Military Affairs.

To back up its report, Radio Tamazuj cited a letter bearing the signature of the Acting Chairperson of the Gok Community Association in Juba, Deng Mador Koch and his Secretary General, Deng Mayom Manyang.  In that letter Radio Tamazuj reported that representatives of the community in Juba decided to withdraw their confidence from the government of Madhang Majok, and recommended his removal from the position by President Salva Kiir.

In addition, Radio Tamazuj stated that the community members, according to the letter addressed to President Kiir on Tuesday, cited lack of accountability and transparency in the state, while accusing the governor of undermining the rule of law by encouraging extrajudicial killings in the state.

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By Daniel Juol Nhomngek, Kampala, Uganda

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February 22, 2017 (SSB) — Sometime when I see injustice being done against any South Sudanese, I forget my life because injustice is not a friend to anyone. This is because injustice anywhere is a threat to justice everywhere (Martin Luther King, Jr).

Justice done selectively is injustice done selectively. This is because when the law is applied equally and equitably then there is no injustice no matter how harsh the law may be. Law is the content of justice, while the facts of the case provide the context for justice. When justice is being done, it is critical that the law is applied generally in accordance with the facts of the case.

It, therefore, implies that those who enforce the law must respect the law and work according to its spirit. The law must take its course but should not take the course to cause injustice to innocent or to cause more pain to one group of criminals than others who have committed the same offence.

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By Daniel Juol Nhomngek, Kampala Uganda

freedom-of-speech-in-south-sudan

February 19, 2017 (SSB) — Please Editor, allow me to respond to the response of Mathiang or Majuec Jalap to my Article entitled: What’s a Bad Law: A Commentary on Gok State Taxation Act, 2016, published on your Newspaper, the Dawn on 4th February, 2016 and Mathiang’s response to that Article was published on Dawn Newspaper on February 8, 2017.

In that article, I was writing about the bad taxation law in Gok State that is oppressive; a law that causes injustice; dumb laws, which are particularly bizarre; a law that is erroneous or a law where an attempted statement of the law is inaccurate or non-law.  As I explained in that article the reasons I called a bad law are that it imposes 1000 SSP, three tins of durra and three tins of groundnut to be paid by a tax payer. Then I concluded that that Taxation Act, 2016 of Gok State is a bad law because it met the characteristics of the bad law as stated in this paragraph.

In response to my article, Mathiang Jalap formerly known as Majuec Jalap, a name that I will continually use in this response attacked me and I need to summarize his main points below—

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How to tax people in Gok State without being affected by taxation but at the same time benefit from taxes they pay

By Daniel Juol Nhomngek, Kampala, Uganda

salary

salary

February 18, 2017 (SSB) — In the recent debate on taxation law in Gok State, there are a lot of arguments for and against the rationale for taxing the citizens of Gok. For those who were and are against the imposition of taxation, their main argument was and still as summed up in this question: why should the people who don’t have sources of income or those with zero income be taxed?

The argument above for the opponents against taxation is very strong and the law in an ordinary circumstance may uphold it because taxation is based on the ability of a tax payer to pay. Where the tax payer is not able to pay or he or she is unemployed then there is nothing to tax and taxes should not be imposed.

To digress a bit before I access the argument of those who argue in favour of paying taxes, I need to briefly explain the meaning of ability-to-pay. Ability-to-pay is an economic concept which provides that those who have more resources (wealth), or earn higher incomes should pay more taxes. Hence, in economy, the ability to pay taxes such as income tax or tax on luxury goods is viewed as means of income redistribution.

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By Daniel Juol Nhomngek, Kampala, Uganda

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February 12, 2017 (SSB) —- In most of the African countries that have been at war for a very long time peace remained elusive. This is because peace and development have proved far more difficult and complex to achieve than the Afro-optimists envisaged in the immediate post-independence period, owing to a range of domestic and external factors (see; Peace & Conflict in Africa edited by David J. Francis).

Externally, Africa is perceived as a continent stricken by wars, poverty, perpetual political instability and armed conflicts, unrelenting economic crises, famines and diseases. Because of that the external powers who try to bring peace to Africa see it as hopeless continent, which prompts their decision to impose the peace as they understand it.

Consequently, they end imposing what is called Liberal Peace Project Tradition, in which peace building is understood in term of intervention designed to facilitate the establishment of durable peace and prevent the recurrence of violence. Such intervention as it has been observed by some writers peacekeeping, peace support operations, disarmament, demobilization, rehabilitation and reintegration.

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What the South Sudanese politicians should learn about the resignation?

By Daniel Juol Nhomngek, Kampala, Uganda

THE NEED FOR WHO TO BLAME FOR ONE'S OWN MISDOING...

February 10, 2017 (SSB) — It has become a culture in South Sudan to see the Government employees just resign as they wish sometime with or without following the right procedure. Such a conduct should stop with immediate effect. Even if a person is happy with the system because of poor performance of the government, that does not warrant a politicians under normal circumstances to break the rule of procedure in the resignation process.

The law is that if one wants to resign from the system because of bad governance or another belief he or she holds against the system, then, he or she must follow the right procedure in order to show that he or she knows the system and if her or she is given an opportunity he or she may be able to establish the system.

However in the recent time, some of the politicians who have shown that they are fighting for good governance are not showing how good governance works by following the right procedure and right system. What they must learn from today onward is that good governance start with good system and good system comes through following right procedures in all that is done.

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By Daniel Juol Nhomngek, Kampala, Uganda

politico-detainees

The released political detainees are: former cabinet affairs minister Deng Alor Kuol; former minister of telecommunications and postal services Madut Biar Yel; former youth minister Dr. Chirino Hiteng; former finance minister Kosti Manibe; former roads and transport minister Gier Chuang Aluong; former justice minister John Luk Jok, and former Lakes state governor Chol Tong Mayai; while those who remain in detention are: Pagan Amum Okiech, former secretary-general of the ruling SPLM party; Oyai Deng Ajak, former minister for national security; Majak D’Agoot, former deputy minister of defence and Ezekiel Lol Gatkuoth, former South Sudanese ambassador to the United States.

February 8, 2017 (SSB) — The recent resignation by the Gok State Minister of Education, Gender and Social Welfare, Hon. John Marik Makur, has caused a raw in the social media and in particular on facebook.  Many people gave various comments on the report posted by Journalist Manyang Mayom on his timeline carrying the reasons for the resignation of Hon. Former Minister of Education.

In that post, Manyang reported Marik makur to have said the following as quoted below—

 “After having reviewed and evaluated over the past ten months as a minister; numerous aspects of our morale and constitutional responsibilities towards service delivery and development to our communities, which apparently not realized and mainly attributed to manners and ways of your leadership.

Therefore, I concluded that my contributions and many vital projects developed by the institution (ministry of physical infrastructure) I led; were consistently not awarded or deliberately ignored and quite often were passed over or misdirected. Therefore, I felt to have sufficient grounds to honorably submit this resignation for no other reasons than personal convictions.

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The Oxfam should in its operating be guided by its principles and goals but not to become another branch of the government in South Sudan

By Daniel Juol Nhomngek, Kampala, Uganda

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February 5, 2017 (SSB) — The Organization called the Oxfam is a confederation of 19 affiliates group of companies working in over ninety (90) countries, all working as one Oxfam on six goals that support their shared vision of a just world without poverty.

The principle is that whether the Oxfam is running life-saving emergency responses, life-changing development projects or campaigning at the grassroots to tackle poverty, Oxfam’s work is always rooted in a vision of a world where women and men are valued and treated equally, able to influence the decisions that affect their lives and meet their responsibilities as full citizens.

In achieving the abovementioned vision, Oxfam operates on six goals that put local communities and the voices of poor people at the centre of change. The purpose of these goals is to enable the Oxfam to end the injustice of poverty in long run. Hence, the Oxfam’s goals (for more information visit: http://www.oxfam.org.uk › what we do › about us › How we work) are to

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The Action of King of Morocco constitutes Political Bribery: A response to skeptics to the use of the term “bribery” in the recent Article on Morocco written by Beny Gideon Mabor

By Daniel Juol Nhomngek, Kampala, Uganda

February 2, 2017 (SSB) —- In the recent article by Beny Gideon Mabor Esq and published on Sudan tribune, which is entitled: South Sudan: Strategic choice between bribery and right to self-determination for Saharawi people one of the problems that many commentators could not comprehend was the reason why Beny Gideon Mabor chose and used the term bribery.

Briefly, in that article Beny was writing to explain the rationale behind Morocco wanted to go into bilateral relationship with South Sudan. In that article he warned South Sudan to be careful in dealing with Morocco as the dealing may have implications on her duties under the human rights law.  South Sudan has a duty to enforce human rights including the right to self-determination of the people of Western Sahara which Morocco wanted to suppress.

For that reason, since Morocco’s intention to rejoin African Union after thirty four (34) years of absence from the Union is to use the African Union as a platform to defeat the right to self-determination of the people of Western Sahara, Beny was warning South Sudan and advised its authorities to protect the interests of the people of Western Sahara who have the same history of South Sudanese.

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Are South Sudanese women condemned alive by god or is it mindlessness of South Sudanese men that make them suffer?

By Daniel Juol Nhomngek, Juba, South Sudanteg-scholarship-program

February 1, 2017 (SSB) — Women are the backbone of South Sudan. Without them South Sudan will collapse and men will migrate from south Sudan to where they are. Women have been vanguard in the liberation war of south Sudan. Women have never led rebelled against South Sudan. They have never killed any person in South Sudan.

Women are source of food as they can provide for food where men have failed to provide one. They are in fact bread winners.  The dream of women is to see that the community is built on equality and equity while men dream of power and destruction of the community.

Women love everybody equally and ready to help all equally. Women conceive children, care for them in their wombs, during their births and even when they grow up until when they are eighteen years.

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By Daniel Juol Nhomngek, Kampala, Uganda

africa

The true size of Africa

January 22, 2017 (SSB) —- In recent time the King of Morocco has been giving away a lot of money as seen in the following instances— on October 20, 2016, WIKILEAKS leaks that the Moroccan King Promises $12 Million Dollars to meet with Hillary Clinton.

The above WIKILEAKS followed the report on Oct 18, 2016 of the visit by Morocco’s King Mohammed VI to African countries, which was said to be the first of its kind since coronation in 1999.

The visit followed a lengthy letter to African Union (AU) summit in Rwanda in which King Mohammed VI of Morocco declared his country’s intention to become a member of the union after the long time break with the body.

After that letter, the Moroccan monarch planned and started touring some countries in Africa. These countries include: Nigeria, Zambia, Madagascar, Rwanda, Tanzania, Ethiopia and then now he is expected to visit South Sudan.

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In honour, dedication and praise of SISTER CHARITY NYOMBE GABRIEL MODI (advocate), a South Sudanese lawyer practicing in Juba

By Daniel Juol Nhomngek, Kampala, Uganda

swearing-of-john-garang-after-chukudum-convention

Dr. William Kon Bior Duot, overseeing the swearing in ceremony of Dr. John Garang and Salva Kiir as chairman and deputy chairman in Chukudum, 1994

January 17, 2017 (SSB) — NB//: Before you read the article below you ought to know the following— The author of this article is South Sudanese lawyer residing in Uganda and he can be reached via: juoldaniel@yahoo.com . The article is about criminal and criminal law in South Sudan and it is written in honour and praise of SISTER CHARITY NYOMBE GABRIEL MODI (advocate), a South Sudanese lawyer practising in Juba.

I have been pleased with her for upholding her duty as a lawyer to fight against the crime and upholding the rule of law. Her bravery in taking some time off to teach criminals behind public offices and government vehicles in South Sudan has really touched.  I, therefore, direct those who may have interest in knowing what she did to go to her facebook and get the story which made me very pleased with her.

The story begins as, “I feel so happy this morning for I gave a very important lecture on my way to KCB buluk for free…”As a lawyer, I expected her to teach the criminals and at the same time reminding the police of South Sudan to enforce the law through punishing or warning criminals as she did. I am proud of her.
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President Kiir has increased the number of states from 28 to 31, with the introduction of these new states, most in the IO controlled areas of Nuerland: Bieh, Akobo, Latjor , Maiwut, Tambura, Gbudwe, Central Upper Nile and Northern Upper Nile. Yet, The unity of the country does not depend on a number of states a country has but on the good administration and exemplary leadership

By Daniel Juol Nhomngek, Kampala, Uganda

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January 15, 2017 (SSB) —- When the CPA was signed ten states were created but what did we have? Corruption and citizens killing each other were common yet there was no war. Many people complain today that creating more states is not good for development but what do they understand by the term development?

What is important, is it to have few states or is it to have more states to protect citizens so that they live free of fear and develop their own self-reliance mechanisms?  In my understanding what is important for the development of any country and people are not few states but protection of citizens externally and internally so that they are free from fear and be able to engage in economic activities.

There is a different between development of a country and a number of states that the country, may have. The country may have few states but will not develop but some countries may have many states but develop.

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By Daniel Juol Nhomngek, Kampala, Uganda

land grabbing in South Sudan

land grabbing in South Sudan

January 11, 2017 (SSB) —- In economics, land comprises all naturally occurring resources whose supply is inherently fixed (Written By: The Editors of Encyclopedia Britannic Last Updated: 3-30-2009 S). The land is the source of human survival and any person that takes the land of other people must be ordered to return that land to the owner.

As a source of survival land is rich in all kinds of minerals. For example all geographical locations contains different mineral deposits, forests, fish stocks, atmospheric quality, geostationary orbits, and portions of the electromagnetic spectrum.

In that respect, natural resources are fundamental to the production of all goods, including capital goods (Editors of Britannica cited above). Location values must not be confused with values imparted by fixed capital improvements.

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By Daniel Juol Nhomngek, Kampala, Uganda

January 5, 2017 (SSB) — All South Sudanese should be informed that their country is being stolen into another body without their knowledge. The plan is underway to make South Sudan become a member of Arab League that with time it becomes an Arab Country, which is unacceptable. Arab League was founded for Arab members and Arab countries. The Arab League was founded on 22 March 1945 following adoption of the Alexandria Protocol in 1944. It aimed to be a regional organization of Arab states with a focus to developing the economy, resolving disputes and coordinating political aims. Other countries later joined the league. Each country was given one vote in the council.

The first major action was the joint intervention, allegedly on behalf of the majority Arab population being uprooted as the state of Israel emerged in 1948 (and in response to popular protest in the Arab world), but a major participant in this intervention, Transjordan, had agreed with the Israelis to divide up the Arab Palestinian state proposed by the United Nations General Assembly, and Egypt intervened primarily to prevent its rival in Amman from accomplishing its objective. It was followed by the creation of a mutual defence treaty two years later. A common market was established in 1965.

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By Daniel Juol Nhomngek, Kampala, Uganda

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January 4, 2017 (SSB) — On December 14, 2016, the President of South Sudan, General Salva Kiir Mayardit, gave one of the rarest and the best speeches in the history of South Sudan. What made that particular speech stood out and the best among all his other speeches in my opinion was the fact that did the President only give what is required in order to achieve peace in South Sudan but he also gave method how to achieve it.

The three stages of how dialogue should be conducted as proposed by the President in that speech is the proper approach to achieving peace because we should not at this time go to the neighbouring countries to search for peace when we have the country. The reason the Comprehensive Peace Agreement, 2005 was made in Kenya was that South Sudanese did not have the country.

Moreover, the Peace that is always made outside South limits the participation of the rural people, which explains why peace process takes only the views of the warring parties without considering the needs of our rural people as the government and the SPLA-IO are presumed to represent the people which are not true.

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The suspension of Justice Reuben Madol Arol by the President is contrary to the law and it goes to the heart of judicial independence in South Sudan

By Daniel Juol Nhomngek, Kampala, Uganda

RSS coat of ARMS

South Sudan’s coat of arms, in which the eagle symbolizes vision, strength, resilience and majesty, and the shield and spear the people’s resolve to protect the sovereignty of their republic and work hard to feed it.

December 1, 2016 (SSB) — Since the suspension of Justice Reuben Madol Arol in 2015, I have been trying to term with the reality as I was still thinking that the President and his advisors would realize that the suspension was done contrary to the Constitution of South Sudan. However, it has now become crystal clear that the President is not taking step to correct the error of administrative decision that was made to suspend Justice Madol.

What is done to Justice Madol is painful and shows the devoid of proper understanding of law by the president and his advisors by the time he issued the order suspending him. As I have pointed out in the above paragraph, Justice Madol was suspended contrary to the law. Why it is contrary to the law as shall be explained later in the last part of this work is because he was exercising his independence as Justice of the Supreme Court.

The independence of judges or justice is protected under the Constitution of South Sudan in Article 125 of THE TRANSITIONAL CONSTITUTION OF THE REPUBLIC OF SOUTH SUDAN, 2011, which provides—
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By Daniel Juol Nhomngek, Kampala, Uganda

28 governors with president kiir

The swearing in ceremony of 28 governors in Juba, South Sudan, 29 Dec 2015

November 21, 2016 (SSB) —- As South Sudan is faced with many crises due to the lack of effective leadership, Gok State is lucky for getting a right leadership in the person of Madhang Majok Meen. As the saying goes leaders are both made and also born, Madhang Majok is in that category of those borned great leaders.

It is, therefore, not over exaggeration to conclude that Madhang has now proved beyond reasonable doubt that he is a true leader not only for State and Gok people but for the whole of South Sudan. He is the right leader because he puts interests of his subjects above everything else, which is one of the most fundamental elements of a successful leader.

Thus, this article is in response to the recent debate that cropped up on facebook when Hon. Governor of Gok State, Madhang Majok Meen went to meet with His Excellency, the First Vice President, General Taban Deng Gai. The reason for Madhang going to meet the First Vice President was to present his plan to the Central Government. The plan was about how to achieve sustainable peace and development in Gok State.

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By Daniel Juol Nhomngek, Kampala, Uganda

jmec4

The cantonment workshop: “security and inclusivity are a priority for any cantonment operation” in Juba, South Sudan, on November 17, 2016

November 18, 2016 (SSB) — I am not happy with what is going on in South Sudan. All citizens are being held at the mercy of the leaders, whether in the bush or in the government. Every day I hear the sad news is that the governor so and so in the state so and so has sacked employees and so and so employees have been removed or relieved from their duties.

Sadly, all sacking that are carried out are not followed by the reasons as to why the employees are being sacked.  In other circumstances, one hears the announcement over SSBC that the ministry so and so informs its employees who are absent to report to work within so and so days and the failure to report will lead to the decision being taken by the board and the decision of the board shall be final.

Such a statement that the decision of the board shall be final is a fallacy because in the country where there is a court of law, the administrative decisions are never final. It is always subject to the review by the Court of law and the decision reached by the Highest Court is always final.

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By Daniel Juol Nhomngek, Kampala, Uganda

RSS coat of ARMS

South Sudan’s coat of arms, in which the eagle symbolizes vision, strength, resilience and majesty, and the shield and spear the people’s resolve to protect the sovereignty of their republic and work hard to feed it.

November 7, 2016 (SSB) —- Since the spokesperson of Riak Machar, Mr. Gadet Dak, was arrested and deported to South Sudan, many people who are ignorant of the implications of nationals or foreign nationals staging a war against other countries have been trying to show that they know the law by putting forward a flawed and baseless legal argument. The argument they put forward is that James Gadet Dak is an American citizen since he holds the passport of the USA and he should have been deported to the USA instead of South Sudan.

For instance, Collins Hinamundi, the Facebook user who posted to South Sudan Youth Online Forum (SSYOF) made the same argument by making a reference to the fact that Gadet is a US Citizen. He said, “Earlier Machar had also contacted UNHCR officials as Nairobi prepared to deport Dak, who also is a United States citizen”. Many other people have made the same comment since yesterday. The question is: what does the crime of treason he committed against South Sudan do with James Gadet Dak being a citizen of the USA?

As the position of law stands, the argument people are trying to put forward based on the line that Gadet being a citizen of the USA he cannot be deported by Kenya to South Sudan is flawed and cannot be sustained either under the international law or national laws of South Sudan. In short, Gadet has fallen into wrong side of the law and does not have any protection under the international law and the laws of South Sudan.

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