During new year’s eve, Kiir appointed six deputy governors, a move which sparked criticism from some civil society activists describing the move as “illegitimate and a violation” of the Constitution.
Speaking to Sudans Post in an exclusive interview this morning in Juba, Reech Malual, the Chairperson of Coalition on Public Interest Litigation, said President Kiir did not violate the constitution because his decree was made based on the agreement.
“Any provision of the constitution that contradict the provision of the agreement, the provision of the agreement prevail that mean anything said by the agreement prevail in whatsoever it can be in the constitution and therefore if the President of the Republic of South Sudan has based his decree on the agreement then it is not a violation of the constitution,” Malual to Sudans Post reporter.
The human right activist said power sharing is distributed based on what the parties deserve according to the revitalized agreement and not on the constitution.
“It is no violating an law but the expectation of the people of South Sudan is that they want the revitalized government of national unity to be fully empowered that means that President should have appointed all the governors but similarly since the government is made up parties and positions are distributed based on what the parties deserve according to the revitalized agreement, I believe the President made his decree on who have served names that are supposed to serve in certain positions are the deputy governors,” he said.
“I believe it does not violate the constitution according to the agreement. The agreement is a landmark and if the agreement is a landmark it prevails in the provision of the constitution. Literally the agreement has already recommended that this constitution should be changed and something called a permanent constitution be developed,” he added.