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Parliament operating illegally-Yakani

Author: Emmanuel J Akile, Garang Abraham | Published: Wednesday, April 22, 2020

The current parliament building in Juba | Credit | Eye Radio

A civil society activist has appealed to parties to the revitalized peace agreement to reconstitute the transitional national legislature, saying the current parliament is illegal.

According to the revitalized peace agreement, the Transitional National Legislature shall consist of the Transitional National Legislative Assembly (TNLA), and the Council of States.

The September 2018 peace accord stipulates that the parliament shall be expanded to 550 members.

The incumbent government shall have 332 members, SPLM-IO 128 members, South Sudan Opposition Alliance, or SSOA 50, Other Political Parties, or OPP 30, and the Former Detainees, FDs shall have 10 members of parliament.

The new peace accord also stipulates that the reconstituted TNLA shall, in the conduct of its business, support the agreement and enact legislation that enables and assists the transitional processes and reforms described in accord.

The role of parliament among others is to make laws and hold the government to account for its policies, actions, and spending.

According to Edmond Yakani, the executive director of Community Empowerment for Progress Organization, the current parliament is operating illegally.

He explains: “The incumbent parliament is violating chapter eight of the agreement, why? The presidency is already a revitalized presidency that means the current parliament needs to be revitalized, and this means the current parliament will not have any legal jurisdiction to summon any minister among the ministers of the revitalized government.”

“First they [MPs] need to be dissolved and then reconstituted, this is what the agreement is saying, and this dissolution and reconstitution it is referring to the incorporation of the other delegates that are coming from the other parties, and the government delegates are being reduced,” he added.

Yakani further called on parties to the revitalized peace deal to expedite the reconstitution of the parliament.

“Per Chapter Eight of the Agreement, please let the parliament be reconstituted and this appeal goes directly to the presidency,” he said.

“Bring for us a parliament of 550 to have legitimacy, the incumbent parliament has no legal basis of operation to deal with the revitalized cabinet, revitalized cabinet requires revitalized parliament and appoint state governors and in all next appointments never forget representation of persons with disabilities.”

Responding to the matter, the Minister of information, Michael Makuei, claimed the parliament would be reconstituted after the establishment of other institutions.

“We are in the process of implementation of the agreement, and if we are in the process of the implementation of the agreement it is up to the head of state to decide which way to go,” Makuei said.

“The fact that the parliament is continuing, it is nothing but only to avoid the creation of a gap. Up to the time when we have established all the other institutions, the parliament will be dissolved and immediately reconstituted,” he added.

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