Ultra vires means acting beyond one’s powers.
On Monday, the Council of States in an extra-ordinary sitting attended by Governor Manytuil impeached the governor and then wrote to President Kiir to dismiss him as the governor of the oil-rich state remained defiant to the Council’s decision.
The Council said in the letter addressed to Kiir that the governor has failed to resolve escalating insecurity such as the deadly violence in southern Unity in which dozens of civilians were killed by militia groups alleged to be allied to the South Sudan People’s Defense Forces (SSPDF).
But in respond, the president’s office said the Council of States does not have powers to pass a vote of no-confidence against the governor and said that all organs of the government including the Council of States are required by the law “to uphold and be guided by the spirit of our Constitution and the laws of the land in any decision that they make.”
“Therefore, the Council of States ought to have been guided by these Constitutional provisions in making such a decision to avoid acting ultra vires (acting beyond one’s legal authority) as it has been in this case,” the letter directed to the Council of States by the presidency further added.
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