Opinion | Political and electoral systems reformation in South Sudan

By Simon E Kulusika

OPINION – It has been reported by various Media bodies in Juba that Dr Riek Machar, First Vice President of the Republic of South Sudan, President of SPLM – IN – Opposition (SPLM – IO) is calling for change of name of the Republic of SS to the People’s Republic of the Sudan or any other name. The name “The People’s Republic of the Sudan” should not be accepted, to prevent conflicts of perceptions in Juba and Khartoum that may lead to military confrontation. Because the question will arise as to who absorb the other!

He was also reported as suggesting to his colleagues in SPLM – IO the change of that name, but did not indicate what name he preferred. These remarks or press statements are important. The present writer has on many occasions call for the change of the name “South Sudan”. He has advanced a number of reasons for the call for change of the name of the Republic. He also urged the rewriting of the National Anthem and the designing of a new Flag for the new Republic. Various justifications have been put forward as defences for the calls for changes.

In respect of reforms this writer has made several suggestions for political reforms and electoral system reforms with stress on proportional representation rather than Winner – take all, or the plurality system.

This article will focus on Dr Machar call for change of the name of his current political organization. The article will extend the call to cover all political organizations in SS, including SPLM assili, whose Chairman is now the President of the Republic of South Sudan – Comrade General Salva Kiir Mayardit.

As all political organizations in SS, including those Armed groups, under different appellations and objectives, prepare for elections that will take place after the restoration of peace and after the Transitional Period, all of them must undergo comprehensive reforms. The reforms will enable them to adjust to the changing situations and to be able to cope up with the dynamics of politics and economics. The reforms should be complete and cover all aspects of efficiency for all political organizations that are preparing to work under the environments of democratic movements and changes.

What does reform mean and entail for SS? An effective reform means change for the better as conceived by the propagandists of Reformation. It means improvement, betterment or rehabilitation or amendment. All aspects of an organization has to undergo improvement to make the organization efficient and responsive to public demands for the delivery of services without discrimination. Reform should touch on all organs of an organization, be it political, social, military or civic. It should also affect the Constitution, regulations or other legal instruments of that organization. Reform is a drastic process of change, it’s done deliberately for the common good.

For political parties and organizations in SS reform entails the following:

1. Political system: all protagonists must consider whether or not the political system prevailing in South Sudan is fit to make South Sudan move forward. Or the system must be reformed. This will involve national, state and local governments. In addition to the electoral systems. Those involved should ask hard questions: that is what is best for the new  nation – state? Unitary or federal System? If federal system, is it based on shared sovereignty or merely devolution of powers as it’s the case at the present. Within any of the system chosen: is it going to be presidential or parliamentary? What rules govern the tenure of office?  Once these and other issues relating to constitution are resolved, comes the issue of electoral system: which way: winner – takes all or proportional representation. The latter is preferred in a multi – ethnic state as it affords representation for all how small a group or political party may be. A good example is the electoral system in South Africa. All such reforms must be reflected in a new constitution for all levels of governments.
2. Political parties: these should include all armed groups and emerging groups that will be part of a comprehensive peace agreement. Political parties, all or some, have to change their respective names. To adopt new constitutions that should broadly set out requirements for leadership and other office holders as well as clear statement of missions, mandates and objectives of each party. Every citizen should be free to form a political party subject to requirements of registration and payment of annual fees of registration.
3. Social, professional and sporting clubs: they should carry out reforms specially their constitutions or regulatory instruments to make these consistent with the new changes taking place at national and state governments levels.
4. The new reforms should devise new systems or mechanisms for funding political parties subject to conditions of representation in the lower house of legislature at the national level. Any funds received from outside the country must be disclosed to finance authorities. This will ensure accountability in obtaining foreign finance support whether for political parties or Civic organizations including sporting, social and cultural clubs.

To attain revolutionary Reformation a number of factors should be taken into account:

1. There should be clearly articulated criteria for reforms. Criteria should be set out by experts, chosen by governments, or by  superior organs in case of organizations, such as political parties or clubs.
2. The criteria should guide those appointed or selected to design reforms. In case of political and Electoral Systems reforms, the designing should be done by persons chosen by all political stakeholders to ensure consensus.
3. Reforms are expensive. To carry out effective political and Electoral systems Reforms, the national government of the day, should include those expenses in the national budget. That is, dequate finances should be planned for in advance and sought from external sources, such as UN, World Bank, EU, ADB, Kuwait Funds for development in Africa, and other finances institutions in Asia, and South America.
4. Experts to be assigned the tasks of designing political and Electoral systems reforms should be selected or chosen by the national and states executives in consultation with all heads of political parties, political organizations and social and civic clubs during consultative meetings held for that purposes. This process will ensure inclusivity and prevent angry denounciation of experts chosen single handedly by the national and states executives.

SS can progress in peace if leaders agree on certain minimum requirements of democratic governance: an agreed constitution, an independent and impartial judiciary, a representative national defence forces,  a responsive executives, an independent Elections body responsible to the legislatures, a true federal governance that fosters socio – economic transformation and political stability, and alert civic organizations and media as watch – mechanisms in matters of governance and the protection of human rights and fundamental freedoms. It’s tough but must be undertaken.

The author is a former Sudanese diplomat and professor of law at Zambian Open University. Reach him via: simonkulusika@gmail.com.

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