The Transitional Constitution of the Republic of the Sudan (2005)/PART ELEVEN

PART ELEVEN: GOVERNMENT OF SOUTHERN SUDAN

CHAPTER I: ESTABLISHMENT OF GOVERNMENT OF SOUTHERN SUDAN

Organs of the Government of Southern Sudan

159 There shall be established in southern Sudan, as per its boundaries of January 1st, 1956, a government to be known as the Government of Southern Sudan which shall have legislative, executive and judicial organs.

Interim Constitution of Southern Sudan

160 (1) The Government of southern Sudan shall function in accordance with the Interim Constitution of Southern Sudan, which shall be drafted by an inclusive Drafting Committee and adopted by a transitional Southern Sudan Assembly by a two-thirds majority of all members. The Interim Constitution of Southern Sudan shall conform to this Constitution.

(2) The Southern Sudan Assembly may amend the Interim Constitution of Southern Sudan by a two-thirds majority vote of all members.

The Powers of the Government of Southern Sudan

161 The powers of Government of Southern Sudan shall be as set forth in Schedules B and D, read together with Schedules E and F of this Constitution, the Interim Constitution of Southern Sudan, and the Comprehensive Peace Agreement.

Primary Responsibilities of the Government of Southern Sudan

162 The primary responsibilities of the Government of Southern Sudan shall be to promote good governance, development and justice, exercise authority in respect of southern Sudan and the states of southern Sudan, act as the link between the National Government and the states of southern Sudan and to ensure the protection of rights and interests of the people of southern Sudan.

CHAPTER II: THE EXECUTIVE OF SOUTHERN SUDAN

The President of the Government of Southern Sudan

163 (1) The President of the Government of Southern Sudan shall be elected directly by the people of southern Sudan, according to the Interim Constitution of Southern Sudan. Such elections shall be in accordance with the provisions set forth by the National Elections Commission.

(2) The tenure of office of the President of the Government of Southern Sudan shall be five years commencing from the date of assumption of office; he/she may be re-elected for one additional term only.

(2) Should the post of the President of the Government of Southern Sudan fall vacant, pending the elections within sixty days, and swearing in of the President elect, the functions of the President of the Government of Southern Sudan shall be assumed by the Vice President of the Government of Southern Sudan.

The Vice President of the Government of Southern Sudan

164. The Vice President of the Government of Southern Sudan shall be appointed in accordance with the provisions of the Interim Constitution of Southern Sudan.

Southern Sudan Council of Ministers

165 (1) There shall be established a Southern Sudan Council of Ministers to be appointed by the President of Government of Southern Sudan, in consultation with the Vice President and approved by Southern Sudan Assembly. The Government of Southern Sudan shall be established with due regard to the need for inclusiveness in recognition of ethnic, religious diversity and gender.

(2) The President and Vice President of the Government of Southern Sudan shall be members of Southern Sudan Council of Ministers.

Accountability of Southern Sudan Council of Ministers

166 Southern Sudan Council of Ministers shall be accountable to the President of the Government of Southern Sudan and the Southern Sudan Assembly, in the performance of its functions, and may be removed by a motion supported by a two-thirds of all members of the Southern Sudan Assembly.

Special Obligations of the Government of Southern Sudan

167 The Government of Southern Sudan shall discharge its duties and exercise its powers as set forth in this Constitution, the Interim Constitution of Southern Sudan, the Comprehensive Peace Agreement and any other agreement relating to the development and reconstruction of Southern Sudan.

Southern Sudan Independent Institutions and Commissions

168 (1) The Government of Southern Sudan shall establish such independent institutions as provided for by the Comprehensive Peace Agreement, this Constitution and the Interim Constitution of Southern Sudan. It shall be empowered to establish such other commissions and institutions compatible with its powers as it deems necessary to promote the welfare of its people, good governance and justice.

(2) Without prejudice to the generality of sub-Article (1) above, there shall be established at Southern Sudan level, a Southern Sudan Civil Service Commission, Public Grievances and Restitution Board and Employees Justice Chamber; their functions and terms of service shall be regulated by law.

CHAPTER III : THE LEGISLATURE OF SOUTHERN SUDAN

Establishment of Southern Sudan Legislative Assembly

169 (1) There shall be established the Southern Sudan Legislative Assembly in accordance with the Interim Constitution of Southern Sudan.

(2) Prior to elections, there shall be constituted, in accordance with Article 176 (4) herein, a transitional Southern Sudan Legislative Assembly to adopt the Interim Constitution of Southern Sudan; it shall thereafter be reconstituted into the Southern Sudan Legislative Assembly.

Assignment of Powers to the Government of Southern Sudan

170 When enacting the Interim Constitution of Southern Sudan, the transitional Southern Sudan Legislative Assembly shall assign to the Government of Southern Sudan such powers as set forth in Schedules B and D, read together with Schedules E and F herein.

Powers of Southern Sudan Assembly

171 (1) Apart from applicable national legislation on matters that fall within the sole authority of the National Government as set forth in Schedule (A), legislative authority in Southern Sudan shall be vested in Southern Sudan Legislative Assembly.

(2) The Southern Sudan Legislative Assembly shall determine its rules of procedure, elect its Speaker, Deputy Speaker and other officers as shall be provided for by the Interim Constitution of Southern Sudan.

CHAPTER IV: THE JUDICIARY OF SOUTHERN SUDAN

The Structure of the Judiciary of Southern Sudan

172 (1) Judicial competence in southern Sudan shall be vested in an independent institution to be known as the Judiciary of Southern Sudan.

(2) The Judiciary of southern Sudan shall be independent of the executive and the legislature.

(3) The Judiciary of Southern Sudan shall be structured as follows:-

(a) The Supreme Court of Southern Sudan,

(b) Courts of Appeal,

(c) Other courts or tribunals as deemed necessary to be established in accordance with the Interim Constitution of Southern Sudan and the law.

The Supreme Court of Southern Sudan

173 (1) The Interim Constitution of Southern Sudan shall provide for the establishment of the Supreme Court of Southern Sudan which shall be the highest judicial institution in Southern Sudan.

(2) Appeals may be submitted from Southern Sudan courts, state courts or other courts to the Supreme Court of Southern Sudan on matters brought under or relating to national, Southern Sudan and state laws as may be determined by the Interim Constitution of Southern Sudan and the law.

Competences of the Supreme Court of Southern Sudan

174 The Supreme Court of Southern Sudan shall:-

(a) be the court of final judicial instance in respect of any litigation or prosecution under Southern Sudan or state law, including statutory and customary law, save that any decisions arising under national laws shall be subject to review and decision by the National Supreme Court,

(b) have original jurisdiction to decide on disputes that arise under the Interim Constitution of Southern Sudan and the Constitutions of Southern Sudan states at the instance of individuals, juridical entities or government,

(c) adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws that contradict the Interim Constitution of Southern Sudan or the constitutions of Southern Sudan states,

(d) be a court of review and cassation in respect of any criminal or civil matter arising out of or under Southern Sudan laws,

(e) have criminal jurisdiction over the President and Vice President of the Government of Southern Sudan and the Speaker of Southern Sudan Legislative Assembly,

(f) review death sentences imposed by Southern Sudan courts in respect of matters arising out of or under Southern Sudan laws,

(g) have such other jurisdiction as shall be determined by the Interim Constitution of Southern Sudan, the Comprehensive Peace Agreement or the law.

Justices and Judges of Southern Sudan

175 (1) Justices and Judges of Southern Sudan are independent and shall perform their functions without interference, administer justice and apply the law without fear or favour. The provisions of the Interim Constitution of Southern Sudan and the law shall protect their independence.

(2) Southern Sudan Legislative Assembly shall provide for appointments, terms and conditions of service and dismissal of Southern Sudan appointed Justices and Judges.

CHAPTER V: INTERIM PROVISIONS FOR SOUTHERN SUDAN

176 Prior to elections the following arrangements shall apply:-

(1) The Chairman of the Sudan People’s Liberation Movement, or his successor, shall be the President of Government of Southern Sudan and Commander- in -Chief of the Sudan People’s Liberation Army.

(2) Should the office of the President of Government of Southern Sudan fall vacant, not withstanding Article163 (3) above, the office shall be filled, within two weeks, by the nominee of the Sudan People’s Liberation Movement.

(3) Representation in the Government of Southern Sudan shall be as follows:-

(a) the Sudan People’s Liberation Movement shall be represented by seventy percent,

(b) the National Congress Party shall be represented by fifteen percent,

(c) the other Southern Sudan political forces shall be represented by fifteen percent.

(4) The transitional Southern Sudan Assembly shall be an inclusive Constituent Legislature composed of one hundred and seventy members appointed by the President of the Government of Southern Sudan after broad consultation with the relevant political forces in accordance with the following:-

(a) seventy percent representing the Sudan People’s Liberation Movement,

(b) fifteen percent representing the National Congress Party,

(c) fifteen percent representing the other southern Sudan political forces.