South Sudan is a landlocked country in Africa, bordered by Sudan, Ethiopia, Democratic Republic of the Congo, Uganda, Kenya, Central African Republic. The population of this country is approx 1,27,03,000 with 6,44,329 square kilometers area. There are about 70 languages spoken in Sudan, and 60 of them have been given the status of national languages. In practice, English is the only official language. Religiously, 60% are Christian, 32% follow traditional religions, and 6% are Muslim.
South Sudan was formerly part of Sudan, and in 2011 South Sudan emerged as a sovereign state. It is mentionable that
● 97% of Sudan are Muslim, and 60% of South Sudan are Christian.
● Sudan is located on the shores of the Red Sea. Currently, South Sudan is a landlocked country.
The constitution of South Sudan is one of the best in the world. Everything necessary is mentioned. South Sudan is a secular state. Parliament can summon and question any minister, and even remove them through a no-confidence motion.
Important state officials must provide a confidential declaration of their assets and liabilities and those of their family members upon assuming office. The initiative is good, but why the declaration is confidential is a matter of concern.
The negative side of South Sudan is the constitutional recognition of customs and traditions. As well as the recognition of traditional leadership. This system can create a kind of dual rule. It is irrelevant to a democratic system.
Admirable Articles of South Sudan's Constitution
3. Supremacy of the Constitution
1. This Constitution derives its authority from the will of the people and shall be the supreme law of the land. It shall have a binding force on all persons, institutions, organs and agencies of government throughout the Country.
2. The authority of government at all levels shall derive from this Constitution and the law.
3. The states’ constitutions and all laws shall conform to this Constitution.
4. Defence of the Constitution
1. No person or group of persons shall take or retain control of State power except in accordance with this Constitution.
2. Any person or group of persons who attempt(s) to overthrow the constitutional government, or suspend or abrogate this Constitution commits treason.
3. Every citizen shall have the duty to resist any person or group of persons seeking to overthrow the constitutional government, or suspend or abrogate this Constitution.
4. All levels of government shall promote public awareness of this Constitution by translating it into national languages and disseminating it as widely as possible. They shall provide for the teaching of this Constitution in all public and private educational and training institutions as well as in the armed and other regular forces, by regularly transmitting and publishing programmes in respect thereof through the media and press.
8. Religion
1. Religion and State shall be separate.
2. All religions shall be treated equally and religion or religious beliefs shall not be used for divisive purposes.
11. Life and Human Dignity
Every person has the inherent right to life, dignity and the integrity of his or her person which shall be protected by law; no one shall be arbitrarily deprived of his or her life.
12. Personal Liberty
Every person has the right to liberty and security of person; no person shall be subjected to arrest, detention, deprivation or restriction of his or her liberty except for specified reasons and in accordance with procedures prescribed by law.
13. Freedom from Slavery, Servitude and Forced Labour
1. Slavery and slave trade in all forms are prohibited. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced or compulsory labour except as a penalty upon conviction by a competent court of law.
14. Equality before the Law
All persons are equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, birth, locality or social status.
15. Right to found a Family
Every person of marriageable age shall have the right to marry a person of the opposite sex and to found a family according to their respective family laws, and no marriage shall be entered into without the free and full consent of the man and woman intending to marry.
17. Rights of the Child
1. Every child has the right:
a. to life, survival and development;
b. to a name and nationality;
c. to know and be cared for by his or her parents or legal guardian;
d. not to be subjected to exploitative practices or abuse, nor to be required to serve in the army nor permitted to perform work which may be hazardous or harmful to his or her education, health or well-being;
e. to be free from any form of discrimination;
f. to be free from corporal punishment and cruel and inhuman treatment by any person including parents, school administrations and other institutions;
g. not to be subjected to negative and harmful cultural practices which affect his or her health, welfare or dignity; and
h. to be protected from abduction and trafficking.
2. In all actions concerning children undertaken by public and private welfare institutions, courts of law, administrative authorities or legislative bodies, the paramount consideration shall be the best interest of the child.
3. All levels of government shall accord special protection to orphans and other vulnerable children; child adoption shall be regulated by law.
4. For the purposes of this Constitution, a child is any person under the age of eighteen years.
18. Freedom from Torture
No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
19. Fair Trial
1. An accused person is presumed to be innocent until his or her guilt is proved according to the law.
2. Any person who is arrested shall be informed, at the time of arrest, of the reasons for his or her arrest and shall be promptly informed of any charges against him or her.
3. In all civil and criminal proceedings, every person shall be entitled to a fair and public hearing by a competent court of law in accordance with procedures prescribed by law.
4. A person arrested by the police as part of an investigation, may be held in detention, for a period not exceeding 24 hours and if not released on bond to be produced in court. The court has authority to either remand the accused in prison or to release him or her on bail.
5. No person shall be charged with any act or omission which did not constitute an offence at the time of its commission.
6. Every accused person shall be entitled to be tried in his or her presence in any criminal trial without undue delay; the law shall regulate trial in absentia.
7. Any accused person has the right to defend himself or herself in person or through a lawyer of his or her own choice or to have legal aid assigned to him or her by the government where he or she cannot afford a lawyer to defend him or her in any serious offence.
20. Right to Litigation
The right to litigation shall be guaranteed for all persons; no person shall be denied the right to resort to courts of law to redress grievances whether against government or any individual or organization.
23. Religious Rights
The following religious rights are guaranteed by this Constitution:
● the right to worship or assemble in connection with any religion or belief and to establish and maintain places for these purposes;
● the right to establish and maintain appropriate faith-based, charitable or humanitarian institutions;
● the right to acquire, possess and own movable and/or immovable property and make, acquire and use the necessary articles and materials related to the rites or customs of religion or belief;
● the right to write, issue and disseminate religious publications;
● the right to teach religion or beliefs in places suitable for these purposes;
● the right to solicit and receive voluntary financial and other contributions from individuals, private and public institutions;
● the right to train, appoint, elect or designate by succession appropriate religious leaders called for by the requirements and standards of any religion or belief;
● the right to observe days of rest, celebrate holidays and ceremonies in accordance with the precepts of religious beliefs; and
● the right to communicate with individuals and communities in matters of religion and beliefs at national and international levels.
25. Freedom of Assembly and Association
1. The right to peaceful assembly is recognized and guaranteed; every person shall have the right to freedom of association with others, including the right to form or join political parties, associations and trade or professional unions for the protection of his or her interests.
2. Formation and registration of political parties, associations and trade unions shall be regulated by law as is necessary in a democratic society.
3. No association shall function as a political party at the National or state level unless it has:
a. its membership open to any South Sudanese irrespective of religion, gender, ethnic origin or place of birth;
b. a programme that does not contradict the provisions of this Constitution;
c. a democratically elected leadership and institutions; and
d. disclosed and transparent sources of funding.
26. Right to Participation and Voting
1. Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or office in accordance with this Constitution and the law.
2. Every citizen shall have the right to vote or be elected in accordance with this Constitution and the law.
30. Rights of Persons with Special Needs and the Elderly
1. All levels of government shall guarantee to persons with disabilities or special needs participation in society and the enjoyment of rights and freedoms set out in this Constitution, especially access to public utilities, suitable education and employment.
2. The elderly and persons with disabilities or special needs shall have the right to the respect of their dignity. They shall be provided with the necessary care and medical services as shall be regulated by law.
31. Public Health Care
All levels of government shall promote public health, establish, rehabilitate and develop basic medical and diagnostic institutions and provide free primary health care and emergency services for all citizens.
32. Right of Access to Information
Every citizen has the right of access to official information and records, including electronic records in the possession of any level of government or any organ or agency thereof, except where the release of such information is likely to prejudice public security or the right to privacy of any other person.
33. Rights of Ethnic and Cultural Communities
Ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. Members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this Constitution and the law.
57. Powers and Functions of the National Legislative Assembly (Part of it)
The National Legislative Assembly shall exercise the following powers and functions:
● oversee the performance of the National Government institutions;
● approve budgets;
● adopt resolutions on matters of public concern;
● summon Ministers to answer questions of members of the Assembly on matters related to their ministries;
● interrogate Ministers about their performance or the performance of their ministries;
● cast a vote of no confidence against any Minister.
● enact legislation to regulate the conditions and terms of service of the Judiciary and its oversight mechanisms; and
● perform any other function as determined by this Constitution or the law.
118. Vote of No Confidence Against a Minister
1. The National Legislative Assembly may, by a resolution supported by a two- thirds majority of all its members pass a vote of no confidence against a Minister.
2. Upon a vote of no confidence being passed against a Minister, he or she shall resign or be removed from office by the President.
3. Proceedings for a vote of no confidence against a Minister shall be regulated by the Conduct of Business Regulations of the Assembly.
120. Declaration of Wealth and Prohibition of Private Business
● All executive and legislative constitutional office holders, Justices, and senior Civil Service officials at all levels of government shall, upon assumption of their offices, make confidential declaration of their assets and liabilities including those of their spouses and children in accordance with the law.
● The President, Vice President, Presidential Advisors, Ministers, and Deputy Ministers of the National Government, Governors, state Advisors, state Ministers, and other constitutional office holders shall, during their tenure of office, neither practice any private profession, transact commercial business, nor receive remuneration or accept employment of any kind from any source other than the National Government or a state government as the case may be.
139. Basic Values and Guidelines for Civil Service
● The Civil Service shall be governed by, inter alia, the following values and principles:
● a high standard of professional ethics shall be promoted and maintained through focusing on merit and training;
● efficient, economic and effective use of resources shall be promoted;
● services shall be provided to all persons impartially, fairly, equitably and without bias or discrimination on the basis of religion, ethnicity, region, gender, health status or physical disability;
● needs of the people shall be appropriately addressed, and the public shall be encouraged to participate in policymaking;
● Civil Service shall be accountable to the appropriate level of government;
● transparency shall be fostered by providing the public with timely, accessible and accurate information;
● persons with special needs shall be provided with specialized and appropriate training opportunities;
● the Civil Service shall function, and be structured, in accordance with the law; it shall execute the policies of the government;
● civil servants shall not engage in party politics; no civil servant shall be favored or victimized because of his or her political opinion;
● any civil servant seeking an elective office shall resign his or her post in the Civil Service; and
● all levels of government shall be responsible for the recruitment, appointment, promotion, transfer and dismissal of employees of the Civil Service in their administrations guided by uniform norms and standards set out in this Constitution and the law.
177. Sources of Revenue for the National Government
1. there shall be established a National Revenue Authority. Its structure, composition and functions shall be regulated by law.
2. The National Government shall legislate for raising revenue or collecting taxes from the following sources:
a. petroleum, Gas/oil, mineral, and other natural resources;
b. national personal income tax;
c. corporate and business profit tax;
d. customs duties and import taxes;
e. airports, rail, road, and river transport revenue;
f. service charges, fees and fines;
g. national government enterprises and projects;
h. value added tax or general sales tax on goods and services;
i. excise duties;
j. loans and borrowing from the Bank of South Sudan and the public;
k. grants-in-aid and foreign financial assistance;
l. fees from nationality, passports, immigration and visas;
m. royalties; and
n. any other tax or revenue as may be determined by law.
178. National Oil Revenue
● The National Government oil revenue shall derive from the net oil revenue after payment to the Oil Revenue Stabilization Account. The two percent payable to the oil producing states shall be increased to five percent and shall be allocated as follows:
● Two percent shall be allocated to the states; and
● Three percent to the communities,
● The above allocations shall be regulated by law.
● An Oil Revenue Stabilization Account shall be established from government oil net revenue derived from actual export sales above an agreed benchmark price. The benchmark price will be established annually as part of the national budget.
● The National Government shall establish a Future Generation Fund from its share of net oil revenue.
Facts of South Sudan's Constitution
5. Sources of Legislation
The sources of legislation in South Sudan shall be:
● this Constitution;
● written law;
● customs and traditions of the people;
● the will of the people; and
● any other relevant source.
167. Traditional Authority
● The institution, status and role of Traditional Authority, according to customary law, are recognised under this Constitution.
● Traditional Authority shall function in accordance with this Constitution, the state constitutions and the law.
● The courts shall apply customary law subject to this Constitution and the law.
168. Role of Traditional Authority
● Legislation of the states shall provide for the role of Traditional Authority as an institution at the local government level on matters affecting local communities.
● Legislation at the National and state levels shall provide for the establishment, composition, functions and duties of councils for Traditional Authority leaders.
