Archive for the ‘Daniel Juol Nhomngek’ Category


Lack of Ideology, Moral Politics and the Rule of Law: The Cause of South Sudanese Problems

By Daniel Juol Nhomngek, Kampala, Uganda

democracy

Demo-cracy or Demo-crazy?

March 25, 2017 (SSB) — Six years ago South Sudanese overwhelmingly voted for separation from Sudan after over forty years of struggle for independence. Thus, independence made South Sudan become a sovereign state.

In that regard, when we talk of State sovereignty we mean the State responsibility and because of that responsibility the state has a primary duty to protect its citizens, which lies with the state itself (see “The Report of the International Commission on Responsibility of States to protect and Intervention and State Sovereignty,” December 2001)

Sadly six years down the road, South Sudan has lost the road as it has fallen into some of kind of a military dictatorship (though it is not a typical military government) that retains power through the use of political violence, kidnappings, and other oppressive tactics. These tactics are used solely to protect and maintain the interest of the cliques that have held the government and the president hostage in order to continue sacking the blood of South Sudanese amidst ruthless and aimless war.

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A Countryman between two Lawyers is like a fish between two cats: Assessing the role of lawyers in the South Sudanese crises

By Daniel Juol Nhomngek, Kampala, Uganda

william deng nhial

Bany William Deng Nhial

March 24, 2017 (SSB) — I have taken the above quote that “a countryman between two lawyers is like a fish between two cats” from Benjamin Franklin. In fact, before I assess the role of lawyers in the South Sudan crises based on this quote, I would like to ask my readers to persevere with me a bit so that I tell them the biography of Benjamin Franklin in brief and why I love and make him to be my role model. Having asked my readers a permission to allow me to digress a bit and presume that they have allowed me, I now give the brief background of Benjamin Franklin.

 Benjamin Franklin was one of the Founding Fathers of the United States as Wikipedia told me. He was before becoming the President of the USA a renowned polymath and a leading author, printer, political theorist, politician, freemason, postmaster, scientist, inventor, civic activist, statesman, and diplomat. As a scientist, he was a major figure in the American Enlightenment and the history of physics for his discoveries and theories regarding electricity. As an inventor, he is known for the lightning rod, bifocals, and the Franklin stove, among other inventions.  He facilitated many civic organizations, including Philadelphia’s fire department and the University of Pennsylvania, an Ivy League institution.

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By Daniel Juol Nhomngek, Kampala, Uganda

New Sudan Vision-John Garang

THE 6TH-12TH SEPTEMBER 1991 TORIT RESOLUTIONS: SOLUTION MODALITIES IN THE SUDAN CONFLICT AS ENVISAGED THROUGH DR. JOHN GARANG’S VISION OF THE NEW SUDAN

March 21, 2017 (SSB) — National building begins with ideological building.  Without defining and identifying proper ideology, the nation remains confused, corrupt and stranded.  As it has been defined, an ideology is a collection of beliefs held by an individual, group or society. It can also be described as a set of conscious and unconscious ideas which make up one’s beliefs, goals, expectations, and motivations.

 In this regard, an ideology is a comprehensive normative vision that is followed by people, governments, or other groups that is considered the correct way by the majority of the population, as argued in several philosophical tendencies. Hence, as those of Karl Marx and Frederick Engel observed in their work, the ideology is set of ideas proposed by the dominant class of society such as the elite to be followed by all members of society.

In relation to politics, the ideology refers to the system of abstracted meaning applied to public matters, thus making it central to politics. Implicitly, in societies that distinguish between public and private life, every political or economic tendency entails ideology, whether or not it is propounded as an explicit system of thought. In the Althusserian sense, Ideology is “the imaginary relation to the real conditions of existence”.

Where the nation does not have a clear ideology like South Sudan, the whole system becomes corrupt as there is no ideology that directs people on what to do, when to do it, where to do it, how to do it and why it should be done.

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By Daniel Juol Nhomngek, Kampala, Uganda

Mahatma Ghanzi, the champion of non-violent resistance, on truth-telling facts.

March 20, 2017 (SSB) — In John 8:32 Jesus told His disciples, “Then you will know the truth, and the truth will set you free.” Consequently as it has been observed by some people “the truth will set you free” has become a common saying in academic circles as a way of promoting academic freedom and the power of learning. As a result, many universities have this statement emblazoned on a sign near the entrance of a building.

When Jesus said the above well-known statement, he had just finished a speech at the temple where He delineated differences between Himself and His listeners. He told His listeners that “You are from below; I am from above. You are of this world; I am not of this world. I told you that you would die in your sins; if you do not believe that I am he, you will indeed die in your sins” (John 8:23–24). The result of Jesus’ message was that “even as he spoke, many believed in him” (verse 30).

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By Daniel Juol Nhomngek, Kampala Uganda

kiir at juba uni

President Kiir at the 18th graduation ceremony of the university of Juba, April 2015

March 10, 2017 (SSB) — Nasser Road University is found in Kampala city. It is one of the roads within the City. Because Nasser Road is well-known in Kampala, Uganda, I will only direct anybody who is interested in finding it to go to Kampala city where Cham Towers and Uganda House are located. Nasser Road is behind those two tall buildings. In short, it is not hard to get to Nasser Road once one is within Kampala city square because it is a road well-known to the people in the city unless by bad luck one comes across a person who is not familiar with the city.

The above is the brief guidance that I can give to anyone who wants to go Nasser Road University. However, to go straight to the subject matter of this article and as it can be understood from its title, I must state that Nasser Road is not a normal university as some of us may know. This is because Nasser Road University is a peculiar university with peculiar programme driven by money.

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By Daniel Juol Nhomngek, Kampala, Uganda

March 6, 2017 (SSB) — In most cases, majority of South Sudanese are being ruled by fear simply because if one comes out openly to say the truth then he or she is branded as a rebel or the government agent. The existence of only two concepts of either being a rebel or the government agent in South Sudan has effectively suppressed the independent minds that will have been of help in finding the way out of crisis in South Sudan.

To make matters worse, the recent deportation programme engineered by the Government of South Sudan in collaboration with neighbouring countries has secured majority of South Sudanese to the bone. This is because it has led to the disappearance of honest or objective dissenting voices from the internet or social media leaving us on social media with warmongers who are not interested in peace but are interested in how to defeat the government or rebels depending on the side, which one falls.

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What is freedom of expression? Without the freedom to offend, it ceases to exist: The case of illegal detention of John Madol panther

By Daniel Juol Nhomngek, Kampala, Uganda

freedom-of-speech-in-south-sudan

March 4, 2017 (SSB) —- (If the one who arrested John Madol happens to be the government of Gok State, then the Government of Gok State will know from today that its days are numbered because we will never support it and we shall use all powers available in our means to expose every problems in the state to the public of South Sudan because the government that oppresses its citizens for no reason is no longer government of the people).

Human beings have mouths to talk and to express what they think is not going on well with them. Instead of arresting the person who talks against bad governance, the government should address the cause of bad governance.

Bad governance is the opposite of good governance. The reason why freedom of expression is protected by law even in our Constitution is the fact that the Government is supposed to allow people to talk provided they are within the limit of the confine as laid down by the law.

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By Daniel Juol Nhomngek, Kampala, Uganda

freedom-of-speech-in-south-sudan

March 2, 2017 (SSB) —- In South Sudan politics has destroyed the objectivity of the people. For that reason the life has become two ways, that is, one is either for them or against them but not in the middle road. In other words, when one makes objective statement which may appear to contradict what other people believe in, then such people will consider a person who disagrees with them as having been bribed.

However, if that person supports them, then the other side sees him or her as one of the corrupt people who can be bought with money in order to support the other side.

The above scenario is the problem that has been facing me. Many people whom I have written against always accused me of being bought so that I am used as proxy of their “enemies”. For instance, in the recent article I wrote against Gok Community Leadership in Juba, one person within leadership made a statement that he believed from that day that Daniel Juol Nhomngek is bought to write against people as some people have been saying it.

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AN ATTEMPT TO BE POLITICAL CORRECT IS THE ROAD TO POLITICAL HELL:  A RESPONSE TO MADAM REBECCA NYANDENG GARANG

By Daniel Juol Nhomngek, Kampala, Uganda

mabior, bishop Garang Anyieth and madam Nyandeng

Hon. Mabioor Garang de Mabioor with Retired Bishop Nathaniel Garang Anyieth and Madam Nyandeng at the home of Bishop Garang

March 2, 2017 (SSB) —- Before I delve into this discussion, I would like first to state the Seven Social Sins from a sermon given by Frederick Lewis Donaldson in Westminster Abbey, London, on March 20, 1925, in which he stated them to include—

Wealth without work.
Pleasure without conscience.
Knowledge without character.
Commerce without morality.
Science without humanity.
Worship without sacrifice.
Politics without principle.

The interest of this article therefore lies in the last social sin, “politics without principles”. Exactly, Madam Rebecca Nyandeng Garang is playing a politics without principles.

When I talk of principles in this context, I mean an accepted or professed rule of action or conduct or fundamentals, primary, or general law or truth from which others are derived. In simple term, principles are what we believe in or morals that govern our conduct.

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By Daniel Juol Nhomngek, Kampala, Uganda

March 1, 2017 (SSB) —- I have received the news that John Madol Panther has been taken away to the unknown direction and his whereabouts is not yet clear.

If that news is true, then I appeal to whoever is behind his arrest to produce in Court because it is against his personal liberty and human rights. If Gok State Government is the one which ordered his arrest then it has done it illegal and Madol must either be brought to court to be officially charged or released with immediate effect.

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By Daniel Juol Nhomngek, Kampala, Uganda

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February 27, 2017 (SSB) — South Sudan on Monday February 20, 2017 was declared to be facing imminent famine unless something is done to save people from hunger. The cause of famine or hunger was said to have its origin from the action of man thus, the term “man-made hunger or famine.”

The fact that millions of people of South Sudan are facing serious threats from death due to a “man-made” tragedy, a fact which is acknowledged by Isaiah Chol Aruai, chairman of South Sudan’s National Bureau of Statistics, on behalf of the Government, who said that some parts of the northern Greater Unity region “are classified in famine, or … risk of famine.”

In addition, Aid Agencies said that one hundred thousand (100,000) people are affected by the famine, which threatens another one million people in the coming months. As the press statement released jointly by the World Food Programme (WFP), UN children’s agency UNICEF and the Food and Agricultural Organization (FAO), it is observed in that statement that—”A formal famine declaration means people have already started dying of hunger. The situation is the worst hunger catastrophe since fighting erupted more than three years ago,”

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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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