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

PART SEVENTEEN: MISCELLANEOUS PROVISIONS

Coming into Force

223 (1) This Constitution shall be cited as the Interim National Constitution of the Republic of the Sudan, 2005; its Arabic and English versions are equally official and authentic. Any reference in it to the masculine denotes also reference to the feminine.

(2) Upon the adoption of this Constitution by the National Assembly and the National Liberation Council of the Sudan People’s Liberation Movement; it shall be submitted to the President of the Republic accompanied by certificates of adoption by each of the said legislatures. It shall come into force on the date of signature by the President of the Republic.

Amendment of the Constitution

224 (1) This Constitution shall not be amended unless the amendments are approved by three-quarters of all the members of each Chamber of the National Legislature sitting separately and only after introduction of the draft amendment at least two months prior to deliberations.

(2) Any amendment affecting the provisions of the Comprehensive Peace Agreement shall be introduced only with the approval of both Parties signatory to the Comprehensive Peace Agreement.

Incorporation of the Comprehensive Peace Agreement

225 The Comprehensive Peace Agreement is deemed to have been duly incorporated in this Constitution; any provisions of the Comprehensive Peace Agreement which are not expressly incorporated herein shall be considered as part of this Constitution.

Transitional and Miscellaneous Provisions

226. (1) This Constitution is based on the Comprehensive Peace Agreement and the Constitution of the Republic of the Sudan 1998.

(2) The incumbent President of the Republic shall take oath of office before the Chief Justice and assume his duties by virtue of this Constitution. The First Vice President and President of the Government of Southern Sudan and the Vice President shall take oath of office before the President of the Republic and the Chief Justice and assume their duties in accordance with this Constitution.

(3) Pending the establishment of the executive organs contemplated in this Constitution, the President of the Republic shall authorize the continuation of the current administrations as care-taker administrations. The President of the Government of Southern Sudan shall, after consultations, also take necessary measures for the creation of a care-taker administration in Southern Sudan and Southern Sudan states, pending the adoption of the Interim Constitution of Southern Sudan.

(4) For the purposes of this Constitution and the Comprehensive Peace Agreement, the Interim Period shall commence as from July 9th 2005, and any measures taken or institutions established by the signatories to the Comprehensive Peace Agreement pursuant to the same prior to the adoption of this Constitution shall be deemed to have been taken or established by virtue of this Constitution.

(5) All current laws shall remain in force and all judicial and civil servants shall continue to perform their functions, unless new actions are taken in accordance with the provisions of this Constitution.

(6) The law shall determine the salaries, emoluments, privileges and remunerations of the President of the Republic, the two Vice Presidents, the President of Government of Southern Sudan, the Speakers, members of the National Legislature and all holders of Constitutional posts at the National, Southern Sudan and state levels.

(7) The Presidency shall establish an ad-hoc committee to look into grievances of those retired or dismissed for political reasons and present its recommendations to the Presidency.

(8) The National Ministry of Justice shall, within two weeks from the date of receipt, declare the compatibility of the Interim Constitution of Southern Sudan and state constitutions with the Interim National Constitution.

(9) This Constitution shall govern the Interim Period, subject to any amendment or review in accordance with Article 224 herein and shall continue in force until a permanent constitution is adopted.

(10) If the outcome of the referendum on self-determination favours secession, the parts, chapters, articles, sub-articles and schedules of this Constitution that provide for southern Sudan institutions, representation, rights and obligations shall be deemed to have been duly repealed.