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DRAFT
TRANSITIONAL CONSTITUTION OF UPPER NILE STATE- 2011
THE
TRANSITIONAL CONSTITUTION OF THE UPPER NILE STATE, 2011
ARRANGEMENT OF PARTS, CHAPTERS AND ARTICLES
Article
Page
Preamble
9
Part One
The State and the Constitution
Chapter I
The Constitution and Territory of the State
1.
Territory of Upper Nile
10
2. Sovereign
Authority of the People of the State
10
3. Supremacy of the
Constitution
10
4. Defense of the
Constitution
11
5. Sources of
Legislation
11
6. Languages
11
7. Symbols and
Public Holidays
12
8. Religion in the
State
12
Part Two
Bill of Rights
9. Nature of the
Bill of Rights
12
10. Sanctity of
Rights and Freedoms
13
11. Sanctity of
Life and Human Dignity
13
12. Restriction on
Death Penalty
13
13. Personal
Liberty
13
14. Freedom from
Slavery, Servitude and Forced Labor
13
15. Equality before
the Law
13
16. Rights to Found
a Family
14
17. Rights of Women
14
18. Rights of the
Child
14
19. Freedom from
Torture
15
20. Fair Trial
15
21. Right to
Litigation
15
22. Privacy
16
23. Religious
Rights
16
24. Freedom of
Expression and Media
17
25. Freedom of
Assembly and Association
17
26. Right to
Participation and Voting
17
27. Freedom of
Movement and Residence
18
28. Right to Own
Property
18
29. Right to
Education
18
30. Rights of
persons with Special Needs and the Elderly
18
31. Public Health
Care
19
32. Right of Access
to Information
19
33.
Rights of Ethnic and Cultural Communities
19
Part Three
Fundamental Objectives and Guiding Principles
Chapter I
Objectives and Principles
34. Guiding
Objectives and Principles
19
35. Political
Objectives
20
36. Economic
Objectives
20
37. Education,
Science, Art and Culture
21
38. Family
22
39. Children, Youth
and Sports
22
40. The Environment
23
41. Defense of
South Sudan
23
42. Regional
Cooperation
23
43. Saving
23
Chapter II
Citizenship, Rights and Duties
44. Citizenship and
Rights
24
45. Duties of the
Citizen
24
Chapter III
The Decentralized System of Governance
46. Levels of
Government in the State
25
47. Devolution of
Powers
25
48.
Inter-Governmental Linkages
26
Part Four
The Government of the State
49. Establishment
of the Government of the State
27
50. Organs of the
Government of the State
27
51. Powers and
Competences of the Government of the State
27
52. Primary
Responsibilities of the Government of the State
27
Part Five
The State Legislature
Chapter I
Establishment, Composition, Powers and Functions of the State
Legislature
53. Establishment
of the State Legislative Assembly
28
54. Composition of
the Assembly
28
55. Powers and
Functions of the Assembly
29
56. Seat of the
Assembly
30
57. Eligibility for
Membership
30
58. Loss of
Membership of the Assembly
30
59. By-elections
31
60. Oath of
Assembly Member
31
61. Term of the
Assembly
31
62. Determination
of Objections Related to Membership
32
63. Immunity of
Members of the Assembly
32
64. Sessions of the
Assembly
32
65. Officers of the
Assembly
32
66. Emoluments of
Members of the assembly
33
67. Leader of the
Minority
33
68. Committees of
the Assembly
33
69. Conduct of
Business Regulations of the Assembly
34
70. Quorum
34
71. Publicity of
Sittings of the Assembly
34
72. Passing
Assembly Resolutions
34
73. Privileges of
Members of the Assembly
34
74. Address by the
Governor of the State
35
75. Address by the
Deputy Governor and Statements by Ministers
35
76. Questions
Addressed to Ministers by Assembly Members
35
77. Request of
Statements
35
78. General Summons
35
79. Tabling of
Bills
36
80. Procedures for
Presentation and Consideration of Bills
36
81. Assent of the
Governor of the State
36
82. Provisional
Orders
37
83. Bills
Pertaining to Allocation of Resources and Revenues
37
84. General Budget
Proposals, Estimates and Related Bills
38
85. Private Member
Financial Bill
38
86. Provisional and
Supplementary Financial Measures
39
87. Final Accounts
40
88. Delegation of
Powers of Subsidiary Legislation
40
89. Validity of the
Proceedings of the Assembly
40
PART SIX
THE STATE EXECUTIVE
CHAPTER I
THE STATE EXECUTIVE AND ITS POWERS
Composition of the
Executive
90. Compositions of
the Executive
40
91. Powers and
Competences of the Executive
40
CHAPTERII
THE GOVERNOR OF THE STATE
92. The Governor
41
93. Eligibility for
the Office of the Governor
41
94. Nomination and
Election of the Governor
41
95. Postponement of
Election of the Governor
41
96. Oath of the Governor
42
97. Tenure of the
office of the Governor
43
98. Functions of
the Governor
43
99. Vacancy of
Office of the Governor
44
100. Immunity and
Impeachment of the Governor and Deputy Governor
44
101. Contesting
Acts of the Governor
45
102. Appointment
and Removal of the Deputy Governor
46
103. Functions of
the Deputy Governor
46
104. Vacancy of
Office of the Deputy Governor
46
105.
Advisors to the Governor
47
CHAPTER III
THE STATE COUNCIL OF MINISTERS
106. Establishment
of the Council of Ministers
47
107. Composition
and Competences of the State Council of Ministers
48
108. Oath of a Minister
48
109. Functions of
the State Council of Ministers
48
110. Functions of a Minister of the State
49
111. Appointment
and Removal of Ministers
49
112. Collective and
Individual Responsibility of Ministers
49
113. Vacancy of the
Office of a Minister of the State
49
114. Vote of No
Confidence against a Minister
50
115. Declaration of
Wealth and Prohibition of Private Business
50
116. Emoluments and
Remuneration
50
117.
Confidentiality of Deliberations of the Council of Ministers
50
118. Contesting Ministerial Acts
50
PART SEVEN
THE STATE CIVIL SERVICE
INDEPENDENT INSTITUTIONS AND COMMISSIONS
CHAPTER I
THE STATE CIVL SERVICE
119. Establishment
of the civil Service in the State
51
120. Basic Values
and Guidelines for Civil Service
51
121. The State
Civil Service Office
52
122. The State
Employees Justice Office
53
CHAPTER II
OTHER STATE INSTITUTIONS
123. Other State
Institutions
53
CHAPTER III
THE STATE ANTI-CORRUPTION OFFICE
124. Establishment
of the State Anti-Corruption Office
54
CHAPTER IV
THE STATE HUMAN RIGHTS OFFICE
125. Establishment
of the State Human Rights Office
54
CHAPTER V
THE STATE PUBLIC GRIEVANCES CHAMBER
126. Establishment
of the State Public Grievances Chamber
54
CHAPRER VI
THE STATE RELIEF AND REHABILITATION OFFICE
127. Establishment
of State Relief and Rehabilitation Office
55
CHAPTER VII
THE STATE DEMOBILISATION, DISARMAMENT AND
RE-INTEGRATION OFFICE
128. Establishment of the State
Demobilisation, Disarmament and Re-integration Office
56
PART EIGHT
The State Law
Enforcement Agencies and Security
Chapter I
The State Law
Enforcement Agencies and Security services
129. The State
Police Service
56
130. The State
Prison Service
57
131. The State
Wildlife Service
57
132. The State Fire
Brigade Service
58
133. The State
Security Service
59
Part Nine
Local Government
and Traditional Authority
Chapter I
The State
Local Government
134. Local
Government
59
Chapter II
County
Commissioners
135. County
Commissioner
60
Chapter III
Traditional
Authority
136. Traditional
Authority
61
137. Role of
Traditional Authority
Part Ten
Finance and
Economic Matters in the State
Chapter I
Guiding
Principles for Development and Equitable Sharing of Common
Wealth
138. Guiding
Principles
61
Chapter II
Land and
Natural Resources in the State
139. Land Ownership
63
140. Land Tenure
63
Chapter III
Framework for
Petroleum Development in the State
141. Framework for
Petroleum Development in the State
64
Chapter IV
Sources of
Revenue in the State
142. Sources of
Revenue for the Government of the State
65
Chapter V
Fiscal and
Financial Institutions in the State
143. The State
Fiscal Allocation and Monitoring Office
66
144. State Revenue
Fund
66
145. The State
Reconstruction and Development Fund
66
146. The State
Tender Board
67
147. Borrowing
67
Chapter VI
Accounting
Standards
148. Accounting
Procedures, Standards and Fiscal Accountability
67
149.
Audit
68
Chapter VII
Interstate
Trade and Commerce
150. Interstate
Trade and Commerce
68
Chapter VIII
Transitional
Provisions for Finance
151. Government Liabilities and Assets
69
Part Eleven
Natural
Disasters
152. Natural and
Man-Made Disasters
69
Part Twelve
Statistical Evaluation
Chapter I
Statistics
153. The State
Office for Statistics and Evaluation
69
Part Thirteen
Transitional and
Miscellaneous Provisions
Chapter I
Miscellaneous
Provisions
154. Coming into
Force
70
155. Amendment of
this Constitution
70
156. Miscellaneous
Provisions
70
SCHEDULES
Schedule (A): National Powers
71
Schedule (B): Powers of States
72
Schedule (C): Concurrent Powers
73
Schedule (D): Residual Powers
74
Schedule (E): Resolution of Conflicts in Respect of Concurrent
Powers
74
PREAMBLE
We, the People of Upper Nile State,
Grateful
to Almighty God for giving the people of the South Sudan the
wisdom and courage to determine their destiny and future through
a free, transparent and peaceful referendum in accordance with
provision of the Comprehensive peace Agreement 2005;
Recalling
our long and heroic struggle for justice, freedom, equality and
dignity in South Sudan;
Remembering
and inspired by
the selfless sacrifices of our martyrs, heroes and heroines;
Dedicated
to a genuine national healing process and the building of trust
and confidence in our society through dialogue;
Determined
to lay the foundation for a united, peaceful and prosperous
society, based on justice, equality, respect for human rights
and the rule of law;
Further Committed to
establishing a decentralised, democratic, and multi-party system
of governance in which power shall be peacefully transferred
and to upholding values of human dignity and equal rights and
duties of men and women;
Mindful
of the fact that the aim of government is to facilitate and
secure the existence of good governance, to protect it, and to
furnish the individuals who compose it with the power of
enjoying their basic rights, fundamental freedoms and blessings
of life in safety and peace;
Conscious
of the need to manage our natural resources sustainably and
efficiently for the benefit of the present and future
generations and to eradicate famine, hunger and poverty and
attain the Millennium Development Goals;
Do hereby,
through this Upper Nile State Legislative Assembly, amend the
Interim Constitution of Upper Nile State, 2008, which shall be
adopted and hereafter referred to as the “Transitional
Constitution of Upper Nile State, 2011,” and shall be the
supreme law by which the State shall be governed during the
Transitional Period, and undertake to abide by, respect and
defend it.
PART
ONE
THE STATE AND THE
CONSTITUTION
CHAPTER I
THE CONSTITUTION AND
TERRITORY OF THE STATE
Territory of Upper Nile State
1.
(1) Subject
to the provision of National Legislative referred to in Article
1 (2) (a) of the Transitional Constitution of the Republic of
South Sudan, the territory of Upper
Nile State
comprises all lands and areas that were under the administration
of the former districts of Nasir, kodok, Renk and Malakal of the
former Upper Nile province that now constitute Upper Nile State,
as their boundaries stood on January 1, 1956.
(2)
the State is governed on the basis of decentralisation;
it consists of counties, as shall be established by law, and is
an all embracing homeland for its people. It is a multi-ethnic,
multi-cultural, multi-lingual, and multi-religious entity, where
such diversities peacefully co-exist.
(3)
The State is founded on justice, equality and respect for
human dignity and advancement of human rights and fundamental
freedoms; it is governed on the basis of a decentralised and
democratic system in accordance with this Constitution and the
Transitional Constitution of the Republic of South Sudan.
Sovereign Authority of the People of the State
2.
(1)
Without prejudice to Article 2 of the Transitional
Constitution of the Republic of South Sudan,
sovereign authority in the State is vested in its people
and shall be exercised through their democratic and
representative institutions established by this Constitution and
elected by them in regular, free and fair elections.
(2)
The authority of the government at all levels in the
State shall derive from the people and shall be exercised in
accordance with their will, this Constitution and the law.
Supremacy of the Constitution
3.
(1)
Without prejudice to Article 3 of the Transitional
Constitution of the Republic
of South Sudan, this Constitution shall be the supreme law of
the State and shall have binding force on all organs and
agencies of government and persons throughout the State.
(2)
This Constitution and all laws of the State shall comply
with the Transitional Constitution of the Republic of South
Sudan.
Defence of the Constitution
4.
(1)
No person or group of persons
shall take or retain control of the Government of Upper
Nile State except in accordance with this Constitution and the
Transitional Constitution of the Republic of South Sudan.
(2)
Any person or group of persons who attempts to suspend,
overthrow or abrogate this Constitution commits treason. All
citizens of the State shall have the right and duty to resist
any person or group of persons seeking to overthrow this
Constitution, if no other remedy is available.
(3)
All levels of government in the State shall promote
public awareness of this Constitution
by translating it into the national languages in the state 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.
Sources of Legislation
5.
The sources of legislation in the State shall be:
(a)
The Transitional Constitution of the Republic of South Sudan;
(b)
this Constitution;
(c)
customs, values and traditions of the people of the State;
(d)
popular consensus of the people of the State;
and
(e)
Any other sources.
Languages
6.
(1)
all indigenous languages of the State are national
languages and shall be respected developed and promoted.
(2)
English shall be the official working languages at all
levels of the government of the State as well as language of
instruction for general education.
(3)
In addition to English, the state legislature may adopt
any of the national language as an additional language in
schools at its level.
(4)
The Government of the State shall promote the development
of a sign language for the benefit of people with special needs.
Symbols and Public Holidays
7.
The flag, emblem, seal, medals, festivals, public
holidays and commemorations of the State shall be specified by
law.
Religion in the State
8.
(1)
In the State, religion and State shall be separate.
(2)
All religions shall be treated equally and no religion
shall be declared the official religion of the State; religion
or religious beliefs shall not be used for divisive purposes.
PART TWO
BILL OF RIGHTS
Nature of the Bill of Rights
9.
(1)
The Bill of Rights is a covenant among the people of the
State and between them and their government at every level in
the State and a commitment to respect and promote human rights
and fundamental freedoms enshrined in this Constitution; it is
the cornerstone of social justice, equality and democracy in the
State.
(2)
The rights and freedoms of the individuals and groups
enshrined in this Bill shall be respected, upheld and promoted
by:
(a) All organs and agencies of the Government of State; and
(b) All natural and juristic persons,
if, and to the extent that, the rights are applicable, taking
into account the nature of the right and the nature of any duty
imposed by the right.
(3)
All rights and freedoms enshrined in international human
rights treaties, covenants and instruments ratified by the
Republic of the South Sudan shall be an integral part of this
Bill.
(4)
This Bill of Rights shall be upheld by the Supreme Court
of South Sudan and other competent courts and monitored in the
State by the
South
Sudan Human Rights Commission and the State Human Rights Office.
(5)
The rights and freedoms guaranteed by this Constitution
supplement and complement the Bill of Rights in the Transitional
Constitution of the Republic of South Sudan.
Sanctity of Rights and Freedoms
10.
No derogation from the rights and freedoms enshrined in
this Bill shall be made. The Bill of Rights shall be upheld,
protected and applied by competent courts and the State Human
Rights Office shall monitor its application in the State in
accordance with this Constitution and the law.
Sanctity of Life and Human Dignity
11.
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.
Restrictions on Death Penalty
12. (1)
No death penalty shall be imposed, save as punishment for
extremely serious offences in accordance with the law.
(2)
No death penalty shall be imposed on a person under the
age of eighteen or a person who has attained the age of seventy.
(3)
No death penalty shall be executed upon a pregnant or
lactating woman, save after two years of lactation.
Personal Liberty
13.
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.
Freedom from Slavery, Servitude and Forced Labour
14. (1)
Slavery and slave trade in every form 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.
Equality before the Law
15.
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.
Right to found a family
16.
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.
(1)
Women shall be accorded full and equal dignity of the person
with men.
(2) Women
shall have the right to equal pay for equal work and other
related benefits with men.
(3)
Women shall have the right to participate equally with
men in public life.
(4) All
levels of
government in the State shall:
(a)
promote women’s participation in public life and their
representation
in the legislative and executive organs by at least twenty-five
per cent as an affirmative action to redress imbalances created
by history, customs and traditions;
(b)
Enact laws to combat harmful customs and traditions, which
undermine the dignity and status of women; and
(c)
Provide maternity and child care and medical care for pregnant
and
lactating women.
(5)
Women shall have the
right to own property and share in the estate of their
deceased husbands
together with any surviving legal heirs of the deceased.
(6)
Women shall have the
right to be protected from all forms of violence
including domestic
violence, rape, sexual harassment, abuse and exploitation.
Rights of the Child
18. (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, or 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, teachers, and other institutions;
(g)
not to be subjected to early marriage, or negative or harmful
cultural practices which affect his or her health, welfare or
dignity, including female genital mutilation;
(h)
to be protected from abduction and human trafficking;
(i)
to be protected from sexual abuse and exploitation including
child defilement and rape; and
(j)
To participate in decisions affecting his or her life accords to
the law.
(2)
In all actions concerning children undertaken by public
and private welfare institutions, courts of law, administrative
authorities or legislative bodies, the primary consideration
shall be the best interest of the child.
(3)
All levels of
government in the State
shall accord special protection to orphans, street children 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.
Freedom from Torture
19.
No person shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment.
Fair Trial
20.
(1)
an accused
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, in a language that he or she understands, 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)
No person shall be
charged with any
act or omission that did not constitute an offence at the time
of its commission.
(5)
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.
(6)
Any accused person has the right to defend himself or
herself in
person or through a lawyer of his or her own choice and to have
legal aid assigned to him or her by the government where he or
she is unable to defend him or herself in serious offences.
21.
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 against any individual or organisation.
22.
The privacy of all persons shall be inviolable; no person
shall be subjected to interference with his or her private life,
family, home or correspondence, save in accordance with the law.
23.
Without prejudice to public order, the following
religious rights are guaranteed by this Constitution:
(a)
the right to worship
or assemble in connection with any religion or belief and to
establish and maintain places for these purposes;
(b)
the right to
establish and maintain appropriate faith-based charitable or
humanitarian institutions;
(c)
the right to acquire,
possess and own movable and immovable property and make, acquire
and use the necessary articles and materials related to the
rites or customs of religion or belief;
(d)
the right to write,
issue and disseminate religious publications;
(e)
the right to teach
religion or beliefs in places suitable for these purposes;
(f)
the right to solicit
and receive voluntary financial and other contributions from
individuals, private and public institutions;
(g)
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;
(h)
the right to observe
days of rest, celebrate holidays and ceremonies in accordance
with the precepts of religious beliefs; and
(i)
the right to
communicate with individuals and communities in matters of
religion and beliefs in the State, national, and international
levels.
24. (1)
Every citizen shall have an unrestricted right to the
freedom of expression, reception and dissemination of
information, publication, and access to the press without
prejudice to order, safety or public morals as determined by
law.
(2)
All levels of government in the State shall guarantee the
freedom of the press and other media as shall be regulated by
law in a democratic society.
(3)
All media in the State shall abide by professional
ethics.
25.
(1)
The right to peaceful assembly is recognised 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 in the
State 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 and the Transitional Constitution of the Republic
of South Sudan;
(c)
a democratically elected leadership and institutions; and
(d)
Disclosed
and transparent sources of funding.
Right to
Participation and Voting
26.
(1)
Every citizen in the State shall have the right to take
part in any level of government directly or through freely
chosen representatives, and shall have the right to nominate
himself or herself for a public post or office in accordance
with this Constitution and the law.
(2)
Every citizen in the State shall have the right to vote or
be elected in accordance with this Constitution and the law.
Freedom of Movement and Residence
27.
(1)
Every citizen in the State shall have the right to
freedom of movement and the liberty to choose his or her
residence in the State, except for
reasons of public health and safety
as shall be regulated by law.
(2)
Every citizen shall have the right to leave and or return
to the State.
28.
(1)
every citizen in the State shall have the right to acquire or
own property as regulated by law.
(2)
No private property may be expropriated, save by law
in the public interest and in consideration for prompt and
fair compensation.
No private
property shall be confiscated, save by an order of a court
of law.
Right
to Education
29. (1)
Education is a right for every citizen in the State. All
levels of government in the
State shall provide access to education without discrimination
as to religion, race,
ethnicity, HIV/AIDS status, gender or disability.
(2)
All levels of government in the State
shall promote education at all levels and shall ensure
free and compulsory
education at the primary level; they shall also provide free
illiteracy eradication programmes.
Rights of Persons
with Special Needs and the Elderly
30. (1)
All levels of government in the State shall guarantee to
persons with 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 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.
Public Health Care
31.
All levels of government in the State 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 in the State.
Right of Access to Information
32.
Every person in the State has the right of access to
official information and records, including electronic records
in the possession of any level of government in the State or any
organs or agencies thereof, except where the release of such
information is likely to prejudice public security or the right
to privacy of any other person.
Rights of Ethnic and Cultural Communities
33.
Ethnic and cultural communities in the State 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.
PART THREE
FUNDAMENTAL OBJECTIVES AND
GUIDING PRINCIPLES
CHAPTER I
OBJECTIVES AND PRINCIPLES
Guiding Objectives and Principles
34.
(1) all
levels of government in the State and all their organs,
institutions and citizens therein shall be guided by the
objectives and principles contained in this Chapter.
(2)
this Constitution shall
be interpreted and applied to advance the individual
dignity and
address the particular needs of the people of the State by
dedicating public resources and focusing attention on the
provision of gainful
employment for the people, and improving their lives by
building roads,
schools, airports, airstrips, community institutions,
hospitals, providing clean
water, electric power and telecommunication services to
every part of the
State.
Political Objectives
35.
(1)
Governance in the State shall promote democratic
principles and political pluralism, and shall be guided by the
principles of decentralisation and devolution of power to the
people through the appropriate levels of government, where they
can best manage and direct their affairs.
(2)
All levels of government in the State shall:
(a)
all levels of government
in the state shall promote and consolidate
peace
and create a secure and stable political environment for socio-
economic development.
(b)
initiate a comprehensive
process of national reconciliation and
healing that shall promote national harmony, unity and peaceful
co-
existence among all people in the State;
(c)
inculcate in the people
of the State a culture of reconciliation, peace,
unity,
cooperation, understanding, tolerance and respect for
customs, traditions and beliefs of each other; and
(d)
mobilise popular
energies and resources in the State for
reconstruction and development.
(3)
The security and welfare of the people of the State shall
be the primary duty of all levels of government in the State.
(4)
The composition of the government in the State shall take
into account ethnic, geographical and social diversity of the
State in order to promote national unity and command national
loyalty.
(5)
All public offices in the State shall be held in trust
for the people and all persons in positions of leadership and
responsibility shall be answerable to the people in their work.
Economic Objectives
36. (1)
The overall goals of the economic development strategy in
the State shall be the eradication of famine, hunger, and
poverty, attainment of the Millennium Development Goals,
guaranteeing the equitable distribution of wealth, redressing
imbalances of income and achieving a decent standard of life for
the people of the State.
(2)
All levels of government in the State shall:
(a)
Develop and regulate the economy of the State in order to
achieve prosperity through policies aimed at increasing
production, creating an efficient and self-reliant economy and
encouraging a free market and the prohibition of monopoly;
(b)
protect and ensure the sustainable management and utilisation of
natural resources including land, water, petroleum, minerals,
fauna and flora for the benefit of the people;
(c)
Facilitate the
development of the private sector, including self-managed
enterprises, and particularly indigenous entrepreneurs, to
establish and develop a viable private sector capable of
participating effectively in reconstruction and development of
the State;
(d)
Encourage
private initiative and self-reliance and take all necessary
steps to involve the people in the formulation and
implementation of development plans and programmes that affect
them and to enhance as well their right to equal opportunities
in development;
(e)
Promote agricultural,
industrial and technological development by adopting appropriate
policies and legislations for the encouragement and attraction
of local and foreign investment; and
(f)
Take necessary
measures to bring about balanced, integrated and equitable
development of different areas of the State and to encourage and
expedite rural development as a strategy for averting
urban-biased development and policies that have been responsible
for the neglect of rural communities.
(3)
The Government of the State shall ensure that the wealth
of the State is equitably shared among all levels of government
in the State for the welfare of its people.
Education, Science, Art and Culture
37.
(1)
all levels of government in the State shall:
(a)
promote education at
all levels to create the necessary qualified cadres for
development;
(b)
mobilise public,
private and communal resources and capabilities for education
and promotion of scientific research geared towards development;
(c)
encourage and promote
arts and craft and foster their patronisation by government
institutions and citizens;
(d)
recognise the cultural
diversity of the State and encourage such diverse cultures to
harmoniously flourish and find expression through education and
the media;
(e)
protect cultural
heritage, monuments and places of national, historic or
religious importance from destruction, desecration, unlawful
removal or illegal export; and
(f)
Protect, preserve and
promote the cultures of the people of the State, which enhance
their human dignity and are consistent with the fundamental
objectives and principles set out in this Chapter.
(2)
The Government of the State shall:
(a)
guarantee
academic freedom in institutions of higher education and protect
the freedom of scientific research within the ethical parameters
of research and as may be regulated by law; and
(b)
Endeavour to avail the necessary financial resources to make
education affordable at secondary and higher levels, including
technical and vocational training, in order to bridge the
educational gap caused by the collapse of educational services
in the State during the years of conflict.
(3)
Every person or group of persons shall have the right to
establish and maintain private schools and other educational
institutions at all levels in accordance with the conditions and
standards provided by law.
Family
38.
(1)
Family is the natural and fundamental unit of society and
is entitled to the protection of the law.
(2)
All levels of government in the State shall promote the
welfare of the family and enact the necessary laws for its
protection.
(3)
It is the right and duty of parents to care for and bring
up their children.
(4)
Children shall not be separated from their parents or
persons legally entitled to care for them against the will of
such parents or persons, except in accordance with the law.
Children, Youth and Sports
39. All
levels of government in the State shall:
(1)adopt
policies and provide facilities for the welfare of children and
youth and ensure that they develop morally and physically, and
are protected from moral and physical abuse and abandonment;
(2)promote
recreational facilities and sports for all the citizens and
empower the youth to develop their potentials; and
(3)Establish,
protect and support popular sports institutions and guarantee
their independence.
The Environment
40.
(1)
every person or community in the State shall have the
right to a clean and healthy environment.
(2)
Every
person in the State shall have the right to have the environment
protected for the benefit of present and future generations,
through reasonable legislative action and other measures that:
(a)
prevent pollution and ecological degradation;
(b)
promote conservation; and
(c)
Secure ecologically sustainable development and use of natural
resources, while promoting rational economic and social
development so as to protect genetic stability and
bio-diversity of the
State.
(3)
All
levels of government in the State shall promote energy policies
that will ensure that the basic needs of the people are met
while protecting and preserving the environment.
Defence of the South Sudan
41.
(1)
Defence of the South Sudan in general and Upper Nile
State in particular is an honour and a duty of every citizen in
the State without prejudice to Article 42 of the Transitional
Constitution of South Sudan.
(2)
The law shall provide for the care of the combatants, the
wounded, the families of martyrs and those missing in action.
Regional Cooperation
42.
Without prejudice to regulations at levels of the
National Government and pursuant
to concurrent powers provided for in Schedule C herein, the
Government of the State shall initiate, negotiate and conclude
international and regional agreements on
culture, sports, trade, investment, credit, loans, grants
and technical assistance with foreign governments and foreign
non-governmental organizations.
Saving
43.
Unless this Constitution otherwise provides, or a duly enacted
law guarantees the rights and liberties described in this
Chapter, the provisions
contained in this Chapter are not by themselves enforceable in a
court of law; however, the principles expressed herein are basic
to governance and the Government of the State shall be guided by
them, especially in making policies and laws.
CHAPTER II
CITIZENSHIP, RIGHTS AND
DUTIES
Citizenship and Rights
44.
(1)
Citizenship is the basis of equal rights and duties for all
South Sudanese in the State, subject to provision of Article 45
of the Transitional Constitution of South Sudan.
(2)
Every person born to a south Sudanese mother or father
shall have an inalienable right to enjoy south Sudanese
nationality and citizenship in Upper Nile State.
(3)
Every citizen in Upper Nile State shall enjoy all the
rights guaranteed by this constitution and the Transitional
Constitution of the Republic of South Sudan.
(4)
The law shall establish a public registry of every birth,
marriage or death in the State.
Duties of the Citizen
45.
(1)
It shall be the duty of every South Sudanese citizen in
the State to uphold and abide by this Constitution and respect
the laws of the State and national Transitional constitution and
laws.
(2)
Every citizen in the State shall in particular:
(a)
defend the country and
the State, and respond to the call for national service in
accordance with the provisions of this Constitution, the
Transitional Constitution of the Republic of South Sudan
and the law;
(b)
abhor violence and
promote harmony, unity, fraternity and tolerance among all
people of the State in order to transcend ethnic, religious,
geographical, and political divisions;
(c)
preserve
public funds and assets
and respect legal and financial obligations;
(d)
avert and combat
corruption and
sabotage;
(e)
participate fully in
the development of the State;
(f)
take part in general
elections and referenda as stipulated in this Constitution, the
Transitional Constitution of the Republic of South Sudan and the
law;
(g)
abide by the law and
co-operate with the appropriate agencies in the maintenance of
law and order;
(h)
protect the
environment and conserve natural resources;
(i)
be guided and informed
in all actions by the interests of the nation, and the State and
the principles enshrined in this Constitution and the
Transitional Constitution of the Republic of South Sudan;
(j)
promote democracy,
good governance and the rule of law;
(k)
Respect the rights and freedoms of others.
(l)
Advocate for compulsory education of the children
(m)
Assist in awareness and communal sensitization where ever needed
for eradication of bad habits and HIV/AIDS; and
(n)
Acknowledge the gender disparity and to work to close the gender
gap.
CHAPTER
III
THE DECENTRALISED SYSTEM OF GOVERNANCE
Levels of Government in the State
46.
The State shall have a decentralised system of government
with the following levels:
(a)
the State level of government, which shall exercise authority
within the State, and render public services through the level
closest to the people; and
(b)
The local government level, which is the closest level to the
people, shall exercise authority and render public services.
Devolution of Powers
47. (1)
the following principles shall guide the devolution and
exercise of powers:
(a)
Affirmation
of the need for norms and standards of governance and management
at the State and local government levels that reflect the unity
of the State, while recognising the diversity of its people;
(b)
Acknowledgement
of the role of the Government of the State in the promotion of
the welfare of the people and protection of their human rights
and fundamental freedoms;
(c)
Recognition of the
need for the involvement and participation of all people of the
State at all levels of government as an expression of unity; and
(d)
Pursuit of good
governance through democracy, separation of powers,
transparency, accountability and respect for the rule of law to
enhance peace, socio-economic development and political
stability.
(2)
The Government of
the State shall:
(a)
Exercise its competences in accordance with this Constitution
and the Transitional
Constitution of the Republic of South Sudan.
(b)
Devolve appropriate powers to local government pursuant
to Article 46 (b) thereof; and
(c)
Respect the powers devolved to local government.
48.
(1)
in the
administration of the decentralised system of governance in the
State, the following principles of inter-governmental linkages
shall be observed:
(a)
The
linkage between the Government of South Sudan and the local
government shall be through the relevant state organ or
institution;
(b)
In
their relationships with each other or with other government
organs, the Government of the State and local government shall
observe the following:
(i)
Respect the powers and competences of each other; and
(ii)
Collaborate in the task of governing and assist each
other in fulfilling their respective constitutional obligations.
(c)
Government organs at
all levels in the State shall perform their functions and
exercise their powers so as:
(i)
Not to encroach on or assume powers or functions
conferred upon any other level except as provided for by this
Constitution;
(ii)
To promote co-operation by rendering assistance and
support to other levels of State government;
(iii)
To promote open communication and coordination between
all levels of State government;
(iv)
To adhere to procedures of inter-governmental interaction
and comity;
(v)
To respect the status and institutions of other levels of
government; and
(vi)
To promote amicable settlement of disputes before
resorting to litigation.
(d)
the harmonious and collaborative interaction of the
different levels of State government shall be within the context
of national unity and for the achievement of a better quality of
life for all.
(2)
The State may
agree with other States in South Sudan on mechanisms or
arrangements to enhance inter-state co-ordination and
co-operation
PART FOUR
THE GOVERNMENT OF THE STATE
Establishment of the Government of the State
49.
(1)
there shall be established in the State a government to
be known as the Government of Upper
Nile State.
(2)
The Government of the State is the institution around
which the people of the State are politically, economically,
socially and culturally organised.
(3)
The powers of the Government of the State emanate from
the will of
the people of the State, this Constitution, and the Transitional
Constitution of the Republic of South Sudan.
(4)
The City of Malakal shall
be the capital of the State and the seat of the Government. Its
boundary and administration shall be defined and regulated by
law.
Organs of the Government of the State
50.
The Government of the State shall have the following
organs:
(1)
the Legislature; and
(2)
the Executive.
Powers and Competences of the Government of the State
51.
The Government of the State shall exercise exclusive legislative
and executive authority on all functional areas in Schedule B
herein; it shall also exercise legislative and executive
authority on all concurrent and residual matters, as set forth
in schedule D read together with schedules E.
Primary Responsibilities of the Government of the State
52.
(1)
the primary responsibilities of the Government of the
State shall, inter alia,
be:
(a)
maintenance of peace and security;
(b)
reconstruction and development;
(c)
promotion of good governance and welfare of the people;
(d)
exercising authority in respect of the State and local
government;
(e)
acting as the link between the Government of South
Sudan and the
Local Government;
(f)
combating and
eliminating
corruption; and
(g)
Ensuring the protection of the rights and interests of the
people in the
State.
(2)
The Government of the State shall discharge its duties and
exercise its powers
as set forth in this Constitution, Transitional
Constitution of the Republic of South Sudan, and any other
agreement relating to the development and reconstruction of the
State.
PART FIVE
THE STATE LEGISLATURE
CHAPTER I
ESTABLISHMENT, COMPOSITION, POWERS
AND FUNCTIONS OF THE STATE LEGISLATURE
Establishment
of the Upper Nile State Legislative Assembly
53.
(1)
there shall be established in the State a legislature to
be known as Upper Nile State Legislative Assembly.
(2)
The legislative competences of the State shall vest in
the State Legislative Assembly in respect of all matters
assigned to it in Schedules B and C read together with Schedules
D and E herein.
(3)
The Assembly shall exercise its legislative powers
through bills assented to by the Governor of the State in
accordance with this Constitution.
Composition of the Assembly
54.
(1)
The State Legislative
Assembly shall consist of:
(a)
members directly elected to represent territorial
constituencies; and
(b)
women shall constitute at least twenty- five percent of the
total
membership;
(2)
Members of the State Council of Ministers
who are not members of the Assembly may participate in the
deliberations of the State Legislative Assembly but do not have
the right to vote in the Assembly.
(3)
Members of the State Legislative Assembly shall be
elected through universal adult suffrage in free and fair
elections and by secret ballot.
Powers and
Functions of the
Assembly
55. (1)
The State Legislative Assembly represents the will of the people
of the State and shall foster their
unity and that of the people of South Sudan, exercise
legislative functions, oversee the Executive, and promote the
decentralised system of government in the State.
(2)
Without prejudice to the generality of sub-Article (1)
above, the State Legislative Assembly shall exercise the
following functions:-
(a)
consider
and pass amendments to this Constitution;
(b)
enact legislations on all matters assigned to it by this
Constitution and the Transitional Constitution of the Republic
of South Sudan;
(c)
discuss statements by the Governor of the State and take
any decisions as may be necessary;
(d)
authorise annual allocation of resources and revenue, in
accordance with Article 84 of
this Constitution;
(e)
reconsider a bill which has been rejected by the Governor
of the State under Article 81 (2) herein;
(f)
oversee the performance of the organs of the Government
of the State;
(g)
approve appointments as required by this Constitution or
the law;
(h)
impeach the Governor or the Deputy Governor;
(i)
approve plans, programmes and policies of the Government
of the State;
(j)
approve the annual budgets of the State;
(k)
adopt
resolutions on matters of public concern;
(l)
summon ministers to answer questions of members of the
Assembly on matters related to their ministries;
(m)
interrogate ministers about their performance or the
performance of their ministries and may cast a vote of no
confidence against any minister;
(n)
elect representatives of the State to the Council of
States in accordance with the National Elections Law and
regulations set forth by the National Elections Commission;
(o)
oversee reconstruction and development activities of the
Government of the State;
(q)
make recommendations on the alteration of state
boundaries, names and capitals to the Council of States.
(r)
perform any other functions determined by this
Constitution, the Transitional Constitution of the Republic of
South Sudan and the law.
(3)
(a)
the State legislative Assembly may pass a vote of no
confidence in a
Governor by three-quarters majority of all its members.
(b) Should
the State Legislative Assembly pass a vote of no confidence as
stated
in Sub-article (a) above, the president of the Republic of South
Sudan shall act upon such a vote in accordance with
Article 101(s) as of
the Transitional Constitution of the Republic of South
Sudan and shall
call a snap election of the Governor to be conducted
within (60) days.
(c)
The Governor elected
in the snap election shall serve for the remaining period of the
original term.
(d)
Should the Governor
who was subjected to the vote of no confidence be re-elected,
the State Legislative Assembly shall be deemed to have been
dissolved. A new State Legislative Assembly shall be elected in
(60) days to complete the term of the dissolved Assembly.
(e)
A vote of no
confidence in the Governor shall not be passed before he/she
completes twelve months in the office.
Seat of the Assembly
56.
The State Legislative Assembly shall convene its sessions
at its seat in the State Capital,
Malakal, although the Speaker may call the Assembly to
convene at any other place in the State.
Eligibility for Membership
57.
(1)
A candidate for membership of the State Legislative
Assembly shall:-
(a)
be a South Sudanese;
(b)
be at least twenty one years of age;
(c)
be of sound mind;
(d) be
literate; and
(e)
not have been convicted during the last seven years of an
offence
involving honesty or moral turpitude.
(2)
A member of the State Legislative Assembly shall not be a member
of:-
(a) the National Legislature; and
(b) the National Council of Ministers;
Loss of Membership of the Assembly
58.
(1)
Membership of the State Legislative Assembly shall be lost in
any of the following cases:-
(a)
mental
infirmity or physical incapacity according to the Assembly’s
Conduct of Business regulations;
(b)
conviction for an
offence involving honesty or moral turpitude;
(c)
absence from
a number of sittings of the Assembly
without
permission or acceptable reasons, as shall be
determined by the Assembly’s Conduct of Business
Regulations;
(d)
announcement by a
member his or her written resignation in the Assembly;
(e)
change of political
affiliation or party on whose ticket he or she was elected to
the Assembly;
(f)
assumption of any
office in the State civil service, the National Government; and
(g)
death.
(2)
Upon vacation of the seat of a member of the State
Legislative Assembly, his or her successor shall be elected in
the appropriate manner prescribed by the National Electoral Law
and within (60) sixty days.
By-elections
59.
(1)
when a vacancy occurs in respect of any constituency, the
Speaker of the State Legislative Assembly shall, in writing,
notify the National Elections Commission through the National
Government within (10) ten days from the occurrence of that
vacancy.
(2)
A by-election to fill the vacancy shall be held within
(60) sixty days following occurrence of the vacancy.
(3)
No by-election to fill a vacancy may be held within the
three months prior to the next general elections.
Oath of Assembly Member
60.
To assume his or her functions, every member of the State
Legislative Assembly shall take the following oath before the
Assembly:
“I…….......…....., having been elected as Member of
Upper Nile State Legislative Assembly, do hereby swear by
Almighty God /solemnly affirm/ that I will bear faith and
allegiance to Upper Nile State and its people; that I will obey
and respect this Constitution and the Transitional Constitution
of the Republic of South Sudan, and abide by the law; and that I
will faithfully and conscientiously discharge my duties as a
member of the State
Legislative Assembly and serve the people of Upper Nile State to
the best of my ability; and so help me God/ God is my witness.
Term of the Assembly
61.
(1)
the
term of the State Legislative Assembly shall be (5) five years,
commencing from the date of its first sitting.
(2)
Notwithstanding Article (1) above, the term of the
current State Legislative Assembly shall be four years from July
9th 2011.
Determination of Objections Related to Membership
62. Any objection regarding the validity of nomination or
election of a member from a constituency in Upper Nile State
shall be determined by competent courts of law in the State in
accordance with the provisions of the National elections law.
Immunity of Members of the Assembly
63.
(1)
No criminal proceedings shall be initiated against a
member of Upper
Nile State Legislative
Assembly; nor shall any measure be taken against his or her
person or belongings without permission from the Speaker as
provided by law, except where he or she is caught committing an
offence for which the police may arrest without a warrant.
(2)
In case a member is charged with a serious crime, the
Assembly may waive the immunity of the member concerned.
Sessions of the Assembly
64. (1)
Upper Nile State Legislative Assembly shall hold its
first sitting upon convocation by the Governor of the
State within thirty days following the official declaration of
the results of the elections. The first sitting shall be chaired
by the eldest of the members present.
(2)
Without prejudice to
the provision of Article 98 (2) (f) herein, the Assembly shall
determine the commencement and closure dates of its sessions.
(3)
The Assembly may convene an emergency or an extraordinary
session on the request of half of its members or upon a call
from the Governor of the State.
Officers of the Assembly
65. (1)
The Assembly shall have a Speaker and a Deputy Speaker to
be elected from among its members at the first sitting.
(2)
The Speaker shall preside over sittings of the Assembly,
control order and supervise the administrative affairs thereof.
He or she shall represent the Assembly in and outside the State.
(3)
The Assembly shall elect its other leaders and
chairpersons of the specialized committees and members of ad hoc
committees as may be determined by its Conduct of Business
Regulations.
(4)
The Speaker, upon approval of the Assembly, shall appoint
a Clerk
for the Assembly, who shall not be a member of the
Assembly. The Clerk of the Assembly shall be responsible for
preparing the sessions of the Assembly and running of its
administrative affairs under the supervision of the Speaker.
(5)
The Assembly shall consider broad inclusiveness in the
appointment of its positions.
Emoluments of Members of the Assembly
66. (1)
Members of the State Legislative Assembly shall be paid
emoluments and
provided with facilities, as shall be determined by law.
(2) a member of
the State Legislative Assembly may hold any other office for
remuneration or engage in any profit making business
provided that such
office business does not compromise his or her duty as a
member.
Leader of the Minority
67. (1)
The largest party or coalition of parties in Upper Nile
State Legislative
Assembly not forming the government shall elect from among its
members of the Assembly the Leader of the Minority.
(2)
In relation to the conduct of business of the Assembly,
the leader of Minority shall:
(a)
rank fourth in precedence after the Governor and the Deputy
Governor of the
State, and the Speaker in that order; and
(b)
have the right of second reply, after the minister designated to
lead Government Business in the Assembly, to address to the
Assembly by the Governor of the State.
(3) The Conduct of
Business Regulations of the Assembly shall provide for the
effective participation of the Leader of the minority in the
Assembly.
Committees of the Assembly
68. (1)
Upper Nile Legislative
Assembly shall have standing specialised committees and may
establish ad hoc committees for the efficient discharge of its
functions.
(2) The
functions of the standing specialised and ad hoc committees
shall be determined by Conduct of Business Regulations of the
Assembly.
Conduct of Business Regulations of the Assembly
69. (1)
Upper Nile State Legislative Assembly, on the initiative
of its Speaker, shall make internal regulations for the conduct
of its business.
(2)
The Speaker shall ensure that the Conduct of Business
Regulations of the Assembly are respected and enforced.
Quorum
70. (1)
the quorum for ordinary sittings of the Assembly shall be more
than half of the members; but the Conduct of Business
Regulations may provide for a reduced quorum. A reduced quorum
may not apply to:
(a)
the final presentation of bills;
(b)
recommendations concerning the boundaries, name and capital of
the State.
.
(2)
Except as otherwise provided for in this Constitution,
the decisions of the Assembly shall be by majority of votes of
the members present and voting. If the votes are equally
divided, the Speaker or any person presiding shall have no
casting vote and the motion shall be considered lost.
Publicity of Sittings of the Assembly
71.
the sitting of the Assembly shall be open to the public;
its proceedings shall be published and may decide according to
its Conduct of Business regulations that certain deliberations
take place in camera.
Passing Assembly Resolutions
72.
Resolutions of the Assembly shall, whenever possible, be
taken by unanimity or consensus. Alternative, resolutions shall
be passed by simple majority of those present and voting, save
in cases where this constitution provides otherwise.
Privileges of Members of the Assembly
73. Members of the
Assembly shall freely and responsibly express their opinions,
subject only to the provisions of the Conduct of Business
Regulations, no legal proceedings shall be initiated against any
member, nor shall he or she be held accountable before any court
of law only by reasons of views or opinions that he or she might
have expressed in course of performing his or her duties.
Address by the Governor of the State
74.
The Governor of upper Nile State may personally or by a
message address the State Legislative Assembly, the Assembly
shall accord priority to such request over any other business.
The Governor may also request the opinion of the Assembly on any
subject.
Address by the Deputy Governor and Statements by Ministers
75.
(1)
The Deputy Governor of the State may request to address
the Assembly, the Assembly shall provide an opportunity for
hearing such address as promptly as possible.
(2)
A minister may request to deliver a statement
before the Assembly and the Assembly shall give due
consideration to such a request.
Questions addressed to Ministers by Assembly Members
76.
Members of the Assembly may, within the competence of the
Assembly and subject to its regulations, address questions to a
minister on any subject relating to his or her duties. The
minister shall provide the Assembly with a prompt reply.
Request of Statements
77.
The Assembly may request a minister of the Government of
Upper Nile State to deliver before it a statement on any matter
of public concern.
General Summons
78.
(1) The
Assembly or any of its committees may summon any public official
or any person within the State, other than the Governor and the
Deputy Governor of the State to testify or give opinion before
it.
(2)
Inquiry on any matter that falls within the direct
responsibility of the Government of Upper Nile State may only be
made after notifying the Governor of the State.
(3) Any person who
refuses to appear before the Assembly or any of its committees
or refuses to produce any documents as required under
sub-Article (1) above commits an offence punishable by law.
Tabling of Bills
79. (1)
The Governor or Upper Nile State Council of Ministers may
cause a bill to be presented by a minister before the Assembly.
(2)
A
member of the Assembly may table a private bill before the
Assembly on a matter that falls within its competence.
(3)
A private member bill shall not be tabled before the
Assembly save after having been referred to the appropriate
committee to determine whether it involves an important issue of
public interest.
(4)
A committee of the Assembly may present before the
Assembly a bill on any issue within its competence.
Procedures for Presentation and Consideration of Bills
80.
(1)
Bills presented to the Assembly shall be submitted for
the first reading by being cited by title. The bill shall then
be submitted for a second reading for general deliberation and
approval in principle. Should the bill be passed in the second
reading, there shall be a third reading for deliberation in
detail and introduction of, and decision upon, any amendment.
The bill shall then be submitted in its final form for the final
reading, at which stage the text of the bill shall not be
subject to further discussion and shall be passed section by
section and then passed as a whole.
(2)
After the first reading, the Speaker shall refer the bill
to the appropriate committee of the Assembly, which shall make a
general evaluation report for the purpose of the second reading.
The committee shall also present a report on the amendments that
the Committee might or might not have endorsed in the third
reading for the decision of the Assembly; the Speaker may also
refer the bill once again to the appropriate committee to
prepare a report in a final draft in preparation for the final
reading.
(3)
The Speaker of the Assembly
or the appropriate committee may seek expert opinion on the
viability and rationale of the bill; an interested body may also
be invited to present views on the impact and propriety of the
bill.
(4)
The Assembly may by a special resolution, decide on any
bill as a general committee or by summary proceedings.
Assent of the Governor of the State
81. (1)
any bill approved by the Assembly shall not become law
unless the Governor of the State assents to it and signs it into
law. If the Governor withholds assent for thirty days without
giving reasons, the bill shall be deemed to have been so signed.
(2)
Should the Governor of the State withhold assent to the
bill and give reasons within the aforementioned thirty days, the
bill shall be re-introduced to the Assembly to consider the
observations of the Governor.
(3)
The bill shall become law if the Assembly again passes it
by a two-thirds majority of all its members, and the assent of
the Governor of the State shall not be required for that bill to
come into force.
Provisional Orders
82. (1)
Should the Assembly not be in session, the Governor
of the State
may, on an urgent matter, issue a provisional order having the
force of law; however, such provisional order shall be submitted
to the Assembly as soon as it is convened. Where the Assembly
ratifies the provisional order as it is, it shall be promulgated
as law, but where the same is rejected by the Assembly or where
the Assembly session ends without it being ratified, the
provisional order shall lapse with no retrospective effect.
A bill on the same subject matter may again be re-introduced
before the Assembly and be considered under the normal procedure
for consideration of bills.
(2)
Notwithstanding to the provision sub-Article (1) above,
the Governor of the
State shall not make any provisional order on matters affecting
the Bill of Rights, the decentralized system of Government,
general election, annual allocation of resource and financial
revenue, penal legislation or alteration of administrative
boundaries of the Counties of the State.
(3)
Any law which was repealed or amended pursuant to a
provisional order that later lapsed, shall revive into force as
it is, starting from the date when the provisional order lapsed.
(4) The
Assembly may delegate to the Governor of the State the power to
approve internal and external borrowing of money on the sole
credit worthiness of the State within the macro-economic
framework while the Assembly is not in session; however, such
borrowing agreements shall be subject to subsequent approval by
the Assembly and shall be deposited before the Assembly as soon
as it is convened.
Bills Pertaining to Allocation of Resources and Revenues
83. (1)
The Governor of the State shall cause to be presented to
the Assembly, before the beginning of the financial year, a bill
of the allocation of State resources and revenue in accordance
with the provisions of this Constitution. The Assembly shall
convene to approve, modify or reject that bill.
(2)
The financial year shall be twelve months beginning from
July 1st, and ending on June 30th each
year.
General Budget Proposal, Estimates and Related Bills
84. (1)
The Governor of the State shall cause to be presented to
the State Legislative Assembly before the beginning of the
financial year, the bill on the general budget of the State,
including a general evaluation of the economic and financial
performance and situation, detailed estimates of proposed
revenue and expenditure for the forthcoming year compared to
those of the previous financial year, a statement of the
general budget, any reserve funds, transfers thereto or
allocations therefrom, explanations of any special budgets or
financial estimates, policies or measures to be taken by the
State Government in the financial and economic affairs within
the framework of the general budget.
(2)
The Governor of the State shall cause to be submitted to
the Assembly proposals of total expenditure entered into the
budget as an appropriation bill and proposals for taxes, fees
and other levies as well as borrowing, investment or saving
bonds as financial bills.
(3)
The Assembly shall discuss, and may amend, reject or
adopt the general budget bill chapter by chapter including
schedules, and it shall thereafter pass the appropriation bill
in its totality. Where the bill is passed, detailed estimates as
specified in the general budget shall not be exceeded save by a
supplementary law. Surplus funds over revenue estimates and
funds out of the legal reserve shall not also be spent save by a
supplementary appropriation law.
(4)
After the passing of the budget, no funds shall be transferred
from one chapter to another, nor shall any money be spent on an
item that is not provided for in the budget without the approval
of the Assembly.
(5)
In the event
that the Assembly fails to pass the budget bill within a period
of forty-five days
after its presentation to the Assembly,
the Governor of the State shall issue a decree on the budget for
that year, and such budget shall be deemed to have been passed
by the Assembly in accordance with the provisions of this
Constitution.
Private Member Financial Bill
85. (1)
No member of the Assembly, outside the context of the
deliberations of the draft general budget, shall introduce any
financial bill or move any amendment to a bill having the object
or effect of abolishing, imposing or increasing any tax or
imposing any charge upon the public revenue or reserves, save
with the prior consent of the State Council of Ministers.
(2)
The Minister of Finance in the State, on the authority of
the Council of Ministers, shall issue a certificate that a
proposed bill or an amendment has such object or effect and such
certification shall be conclusive.
(3)
A bill or an amendment shall not be deemed to have such
object or
effect by reason that it includes provisions for the imposition
of fines or other pecuniary penalties or the payment of fees for
services rendered.
Provisional and Supplementary Financial Measures
86.
(1)
Notwithstanding the provisions of Article
83 (1)
herein, the Governor of the State may, in the public interest,
make an order having the force of law, providing that the
imposition of any tax, or fee or the amendment thereof shall
come into force, pending submission of a bill requiring the same
to the Assembly. When that financial bill is adopted or
rejected, the force of the order shall cease without
retrospective effect in relation to rejection for amendment of
the Bill.
(2)
Where the procedure of adopting the general budget and
the appropriation bill is delayed beyond the beginning of the
financial year, expenditure shall continue, pending adoption of
the general budget, in accordance with the estimates approved
for the previous year, as if the same has been appropriated by
law for the New Year.
(3)
Whenever new circumstances occur or a matter of public
concern proves not to have been satisfactorily addressed by the
general budget, the Governor of the State may, during the
financial year, cause to be submitted to the Assembly, a
financial bill, a supplementary appropriation or an allocation
from the reserve funds, to which the same provisions set out in
respect of the general budget bill shall apply.
(4)
Without prejudice to the provisions of Article 85 (3)
herein, the following expenditures shall be paid out of the
consolidated reserve funds:
(a)
emoluments of the Governor of the State;
(b)
expenses of the State House;
(c)
State Government contractual financial obligations;
(d)
repayment of the State Government external debts under any loan
agreements;
(e)
payment of any money the State Government is required to pay
under a court order arising out of any litigation or as a result
of an arbitration award or any other settlement having similar
legal effect; and
(f)
any other expenses as shall be regulated by law.
Final Accounts
87.
The Governor of the State shall cause to be presented to
the Assembly during the six months following the end of the
financial year, the final accounts for all revenue and
expenditure as are set forth in that year, as well as
expenditure withdrawn from the reserve funds. The National Audit
Chamber shall audit the accounts as required by Article 186 of
the Transitional Constitution of the Republic of South Sudan and
present the audit report to the State Assembly.
Delegation of Powers of Subsidiary Legislation
88.
The Assembly may, by law, delegate to the Governor of the
State, the Council of Ministers or any public body, the power to
make any subsidiary regulations, rules, orders or any other
subsidiary instrument having the force of law, provided that
such subsidiary legislation shall be tabled before the Assembly
and be subject to adoption or amendment by a resolution of the
Assembly in accordance with the provisions of its regulations.
Validity of the Proceedings of the Assembly
89. No court
or any other authority shall call into question the validity of
any proceedings of the State Legislative Assembly on the basis
of violation of its Conduct of Business Regulation. A
certificate duly signed by the Speaker shall be deemed to be
conclusive evidence of the validity of the proceedings.
PART SIX
THE STATE EXECUTIVE
CHAPTER I
THE STATE EXECUTIVE AND
ITS POWERS
Composition of the Executive
90.
Upper
Nile State Executive shall consist of the Governor, Deputy
Governor and Ministers.
Powers and Competences of the Executive
91.
Upper Nile State Executive shall exercise the executive
powers on all matters as set forth in Schedules B and C, read
together with Schedules D and E
of this Constitution and any other competences conferred upon it
by this Constitution, the Transitional Constitution of the
Republic South Sudan and the law.
CHAPTER II
THE GOVERNOR OF THE STATE
The Governor
92. There
shall be a Governor for Upper Nile State who shall be directly
elected by the people of the State in general elections
according to this Constitution and the Transitional Constitution
of the Republic of South Sudan and the provisions set forth by
the National Elections Commission in accordance with the
electoral law.
Eligibility for the Office of the Governor
93.
A candidate for the office of the Governor of Upper Nile
State shall:
)a)
be a South Sudanese by birth;
)b)
be of sound mind;
)c)
be at least forty years of age;
)d)
be literate; and
)e)
not have been convicted of an offence involving honesty
or moral
turpitude.
94.
(1)
any eligible voter may nominate whoever he or she deems
fit for the office of the Governor of Upper Nile State; however,
the candidate for office of the Governor shall be seconded by a
number of eligible voters as shall be specified by the National
Electoral Law.
(2)
The candidate who wins the highest total votes of the
polling electorate shall be the Governor elect.
(3)
Any objection regarding the validity of the results of
the election to the
office of the Governor shall be dealt with in accordance
with the electoral
law.
Postponement of Election
of the Governor
95. (1)
Where
Upper Nile State Council of Ministers determines that it is not
practicable to hold
elections due to natural disaster, catastrophe, war or
hostilities that, in each case, materially affects a substantial
portion of the territory of the State, the State Legislative
Assembly may, by a resolution adopted by a three-quarters
majority vote of all members, recommend to the National
Elections Commission, the
postponement of elections for the office of the Governor for a
period of not more than sixty days at any one time.
(2) Pending
the holding of the postponed elections, the incumbent
Governor of the State shall continue as a caretaker Governor;
his or her tenure shall be extended until the Governor elect
takes the oath of office.
Oath of the Governor
96.
To assume office, the Governor elect of the State shall
take the following oath before the State Legislative Assembly:
“I……….…………., do hereby swear by the Almighty God/ solemnly
affirm, that as the Governor of Upper Nile State, I shall be
faithful and bear true allegiance to the State and shall
diligently and honestly discharge my duties and responsibilities
in a consultative manner to foster the development and welfare
of the people of Upper Nile State; that I shall obey, preserve
and defend this Constitution, the Transitional Constitution of
the Republic of South Sudan, and abide by the law; and that I
shall protect and promote the unity of the people of Upper Nile
State and
consolidate the democratic and decentralised system of
government and preserve the integrity and dignity of the people
of Upper Nile State; so help me God/ God is my witness”.
Tenure of the Office of the Governor
97.
(1) The tenure of
the office of the elected Governor of the State shall be five
years, commencing from the date of assumption of office, and the
same Governor may be re-elected for one more term only.
(2) Notwithstanding Article (1) above, during the
Transitional period, the tenure of the office of the Governor of
Upper Nile State shall be four years from July 9th,
2011.
Functions of the Governor
98.
(1)
The Governor of the State is the head of Government of
Upper Nile State. He or she represents the will of the people,
and shall exercise the powers vested in the office of the
Governor by this Constitution and the Transitional Constitution
of the Republic of South Sudan.
(2)
The Governor of the State shall,
inter alia, perform
the following functions:
(a)
appoint
the Deputy Governor, State ministers, other constitutional post
holders and top civil servants in the State in accordance with
this Constitution and the law;
(b)
preserve the security
of the State and protect its territorial integrity;
(c)
supervise
constitutional executive institutions and provide exemplary
leadership in public affairs in the State;
(d)
preside over the State
Council of Ministers;
(e)
initiate
constitutional amendments and legislations and assent to bills
passed by the State Legislative Assembly by signing such bills
into law;
(f)
summon, adjourn or
prorogue the State Legislative Assembly with the agreement of
the Speaker;
(g)
appoint his or her
advisors;
(h)
appoint ad hoc
committees and commissions;
(i)
confer honours;
(j)
generally represent
the Government and the people of the State; and
(k)
perform any other
function as may be prescribed by law.
99. (1)
the office of the Governor of the State shall fall vacant
in any of the following cases:
(a)
expiration of the term
of office;
(b)
acceptance of his or
her written resignation by the Upper Nile State Legislative
Assembly;
(c)
impeachment in
accordance with the provisions of this Constitution;
(d)
mental infirmity or
physical incapacity based on an official medical report approved
by a three-quarters majority
of all members of the State Legislative Assembly;
(e)
death; and
(f)
relief from office in
accordance with the provisions of Article 101(r) of the
Transitional Constitution of the Republic of South Sudan.
(2)
Should the office of the elected Governor of the State
fall vacant, the post shall be assumed by the Deputy Governor
pending elections that shall be conducted within sixty days from
the date of occurrence of the vacancy and in accordance with
Article 94 of this Constitution.
Immunity and Impeachment of the Governor and Deputy Governor
100.
(1)
The Governor of Upper Nile State shall be immune from any
criminal proceedings and shall not be charged with an offence in
any court of law during his/her tenure of office.
(2)
Notwithstanding the provision of sub-Article (1) above
and in case of high treason, gross violation of this
Constitution or gross misconduct in relation to State affairs,
the Governor of the State may be charged before a special
tribunal established by the President of the Supreme Court of
South Sudan upon an impeachment resolution passed by a
three-quarters majority of all the members of the Assembly.
(3)
The Chief Justice of the Republic of South Sudan shall,
within seven days after receipt of the impeachment notice
referred to under sub-Article (2) above, constitute a special
tribunal to investigate the allegation in the notice and to
report and submits its findings to the constitutional panel of
the Supreme Court comprising all the Justices of the Court for
trial.
(4)
The Governor shall be entitled to appear before the
constitutional panel and to be represented by a lawyer or any
other person of his or her choice.
(5)
If the constitutional panel of the Supreme Court of South
Sudan convicts the Governor, it shall communicate its final
verdict to the State Assembly, and he or she shall be deemed to
have forfeited the office.
(6)
If the notice for the removal of the Governor is on the
ground of mental infirmity or physical incapacity, the head of
the State Medical Commission and any
other five qualified and eminent medical specialists
shall constitute a Medical Board to examine the Governor in
respect of the alleged incapacity and present their findings to
the State Assembly.
(7)
The Governor, as the case may be, shall submit himself or
herself to the Medical Board for necessary examination as
required.
(8)
If the Medical Board determines that the Governor, by
reason of mental infirmity or physical incapacity, is unable to
perform the functions of the office of the Governor, and the
Assembly passes the resolution for the removal of either of them
supported by not less than three-quarters of all members of the
State Assembly, the Governor shall cease to hold office.
Contesting Acts of the Governor
101.
Any person aggrieved by an act of the Governor of the State may
contest such act:
(a)
before the Supreme Court of South Sudan, if the alleged
act involves a violation of this Constitution, the Transitional
Constitution of the Republic South Sudan, the Bill of Rights,
the decentralised system of government; and
(b)
before any other competent court of law, if the
allegation is based on any other
legal grounds.
Appointment and Removal of the Deputy Governor
102.
(1)
The Deputy Governor of the Upper Nile State shall be
appointed by the Governor of the State in consultation with
President of the Republic subject to approval by
simple majority of all members of the Assembly.
(2)
The Deputy Governor of the State may be removed by the
Governor of the State in consultation with the President of the
Republic or by a resolution passed by simple majority of
all members of the Assembly.
(3)
Should
the post of the Deputy Governor of the State fall vacant for any
reason, the Governor of the State shall appoint a replacement
subject to approval by simple majority of all members of the
Assembly.
(4)
The
Deputy Governor of the State shall fulfil the same conditions of
eligibility for the office of the Governor of the State as
provided for in Article 94 herein.
(4)
To assume office, the
Deputy Governor of the State shall take, before the
Governor of
the State, the same oath taken by the Governor of the State as
prescribed
by this Constitution;
(5)
No
criminal proceedings shall be initiated against the Deputy
Governor of
State, nor
shall any measure be taken against him or her belongings without
permission
from the Governor as provided by law, except where he or she is
caught
committing an offence for which the Police may arrest without
warrant; and
(6)
If the Deputy Governor
is charged with serious crime, the Governor may
waive the
immunity of the Deputy Governor.
Functions
of the Deputy Governor
103.
The Deputy Governor of the State shall perform the following
functions:
(a)
act as the Governor in the absence of the Governor of the State;
(b)
be a member of the State Council of Ministers;
(c)
be a member of the State Security Committee; and
(d)
perform any other functions or duties that may be assigned to
him or
her by the Governor of the State.
Vacancy of Office of the Deputy Governor
104.
The office of the Deputy Governor of the State shall fall vacant
in any of the following cases:
(a)
relief from office in accordance with the provisions of Article
100
(2) herein;
(b)
acceptance of his or her written resignation by the Governor of
the
State;
(c)
mental infirmity or physical incapacity based on an official
medical
report approved by simple majority of all members of the
State
Legislative Assembly; and
(d)
death.
Advisors to the Governor
105. (1)
The Governor of the State may appoint experienced and
professional advisors and define their functions.
(2)
To assume office, an advisor shall take, before the
Governor of the State, the same oath taken by a minister of the
State as prescribed by this Constitution.
(3) No
criminal proceedings shall be initiated against the Advisor of
State, nor
shall any measure be taken against him/her
belongings without permission
from the Governor as provided by law, except where he/she
is caught
committing an offence for which the Police may arrest
without warrant.
(4)
If the Advisor is charged with serious crime, the
Governor may waive the
Immunity of the Advisor.
CHAPTER III
THE STATE COUNCIL OF MINISTERS
Establishment of the Council of Ministers
106.
(1)
There shall be established a State Council of Ministers
to be appointed by the Governor of the State in consultation
with the President of the Republic of South Sudan, and approved
by a simple majority of all members of the State Legislative
Assembly in accordance with this Constitution. The Government of
the State shall be established with due regard to the need for
inclusiveness in recognition of competence, integrity, gender
and ethnic diversity in the State.
(2)
The Governor and Deputy Governor of the State shall be
members of the State Council of Ministers.
(3)
The Governor of the State shall ensure that at least twenty-five
percent of members of the Council of Ministers are women.
Composition and Competences of the State Council of Ministers
107.
(1)
The State Council of Ministers shall consist of the Governor,
Deputy Governor and Ministers of the State.
(2)
The State Council of Ministers shall be the highest
executive authority in the State.
(3)
Without prejudice to the powers conferred upon the
Governor of the State by this Constitution, decisions of the
Council of Ministers shall prevail over all other executive
decisions. Such decisions shall be adopted by consensus or
simple majority.
(4)
Deliberations of the State Council of Ministers shall be
confidential.
(5)
Membership of the State Council of Ministers shall not be
combined with membership of the National Executive or
Legislature.
Oath
of a Minister
108. To
assume office, a minister of the State shall take the following
oath before the Governor of the State:
“I……….…………., do hereby swear by the Almighty God/solemnly
affirm, that as a minister in the Government of
Upper Nile State, I shall be faithful
and bear true allegiance to the State and shall diligently and
honestly discharge my duties and responsibilities and strive to
foster the development and welfare of its people; that I shall
obey, preserve and defend this Constitution and the Transitional
Constitution of the Republic of South Sudan, and abide by the
law; and that I shall protect and promote the unity of the
people of the State and consolidate the democratic and
decentralised system of government and preserve the integrity
and dignity of the people of the State; so help me God/ God is
my witness.”
Functions of the State Council of Ministers
109.
Upper Nile State Council of Ministers shall have the following
functions:
(a)
general planning and administration of the State
(b)
approval of the general policies initiated by the respective
ministries;
(c)
overseeing, receiving and discussing reports about the executive
and administrative performance of Ministries;
(d)
receiving reports from County Commissioners about executive
performance of Counties for information and coordination with
the respective Counties;
(e)
receiving reports on matters that are concurrent or residual and
deciding whether it is competent to exercise such power in
accordance with Schedules B, C and D herein. If it so decides,
it shall notify the National government of South Sudan of its
intention to exercise such power. If
the National Government
of South Sudan objects thereto, a committee shall be set up by
the Government concerned
to amicably resolve the matter before resorting to the Supreme
Court of South Sudan;
(f)
acting as a link between the Government of South Sudan on the
one hand and the institutions of the State and local government
on the other;
(g)
receiving requests originating from the
Government of South Sudan to the institutions of the
State and the Counties therein in connection with matters of
mutual interest;
(h)
providing reports upon the request of the State Legislative
Assembly;
(i)
formulating internal rules, procedures and regulations for the
conduct of its
business;
(j)
mobilising the public to achieve the objectives of government
policy and promote public life;
(k)
implementing the State legislations and applicable National
legislations in the state;
(l)
formulating and implementing government policies;
(m)
coordinating the functions and reviewing the performance of the
Ministries, departments and administrations of the Government of
the State;
(n)
initiating legislative bills before the State Legislative
Assembly; and
(o)
performing any other executive functions provided for in this
Constitution or the law.
Functions of a Minister of the State
110. (1)
A Minister in the Government of the State shall be the
head of his or her Ministry and his or her decisions shall
prevail therein. However, the State Council of Ministers may
review, amend or cancel such decisions and the Governor of the
State may suspend the decision of a Minister pending such review
or cancellation.
(2)
The State Ministers shall:
(a)collaborate
and establish good working relations with corresponding
Ministers of other states and Ministers in the Government of
South Sudan in fulfilment of their respective constitutional
obligations;
(b)
perform any
public or political role and provide leadership in public
affairs to achieve the
policy objectives of the Government of the State; and
(c)
perform any other functions or powers assigned to them by law or
delegation.
Appointment and Removal of Ministers of the State
111.
(1)
Ministers of the Government of Upper Nile State shall be
appointed and removed from office by the Governor of the State,
in consultation with the President of the Republic;
(2)
Appointment of the Council of Ministers of the Government
of the State shall be confirmed by a resolution of the State
Legislative Assembly adopted by a simple majority vote of all
members.
(3)
Ministers of the Government of the State shall be
selected with due regard to the need for inclusiveness
in recognition of competence, integrity, gender and ethnic
diversity in the State.
(4)
No criminal proceedings shall be initiated against the
Minister of the
State, nor shall any measure be taken against his/her belongings
without permission from the Governor as provided by law, except
where he
/she is caught committing an offence for which the Police may
arrest
without a warrant; and
(5)
If the Minister
charged with serious crime, the Governor may
waive
the immunity of the Minister.
Collective and Individual Responsibility of Ministers
112.
(1)
A minister of the State shall be individually answerable
to the Governor of the Upper Nile State, the State Council of
Ministers and the State Legislative Assembly for the performance
of his or her Ministry.
(2)
The State Council of Ministers shall be collectively
answerable to the Governor of the State and the State
Legislative Assembly in the performance of its functions.
(3)
Ministers of the State shall be bound by collective
decisions of the State Council of Ministers.
Vacancy of the Office of a Minister of the State
113.
The office of a Minister of Upper Nile State shall fall vacant
in any of the following cases:
acceptance of his or her written resignation by the
Governor of the State;
(3)
removal from office
by the Governor of the State
after consultation with
the President of the Republic of South Sudan;
(4)
removal from office
by the Governor of the State on the ground of mental
infirmity or physical incapacity based on an official
medical report;
(5)
resolution of the
State Legislative
Assembly, as set forth in Article 45
(m) of this Constitution; and
(6)
death.
Vote of No Confidence against a Minister
114. (1)
The State 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 Governor of the State.
(3)
Proceedings for a vote of no confidence against a
Minister shall be regulated by the internal regulations of the
State Legislative Assembly.
Declaration of Wealth and Prohibition of Private Business
115.
(1)
All executive and legislative constitutional office
holders, and senior civil service officials at all levels of
government in the State shall, upon assumption of their offices,
make confidential declarations of their assets and liabilities
including those of their spouses and children in accordance with
the law.
(2)
The Governor, Deputy
Governor, Advisors, Ministers, County
Commissioners in the Government of State 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 State
Government.
Emoluments and Remuneration
116.
The Governor and Deputy Governor of Upper Nile State, Advisors,
Ministers, County Commissioners in the government of the
State, and other constitutional office holders shall be
paid such emoluments and other remuneration, and on leaving
office, receive such benefits as shall be regulated by law.
Confidentiality of Deliberations of the Council of Ministers
117.
Deliberations of the State Council of Ministers shall be
confidential; no minister shall disclose, communicate or reveal
such deliberations save by permission of the Council of
Ministers.
Contesting Ministerial Acts
118.
Any person aggrieved by an act of the State Council of
Ministers or a Minister of State may contest such act:
(1)
before the Supreme Court
of South Sudan, if the alleged act
involves a violation of this Constitution or the
Transitional Constitution of the Republic of South Sudan; and
(2)
before any other court
of law or competent authority if the allegation is
based on other legal
grounds.
PART SEVEN
THE STATE CIVIL SERVICE,
INDEPENDENT INSTITUTIONS AND
COMMISSIONS
CHAPTER I
THE STATE CIVIL SERVICE
Establishment of the
Civil Service in the State
119.
(1)
The Government of the State shall have a Civil Service
consisting of all its employees, who shall impartially carry out
the functions assigned to them according to law.
(2)
The law shall determine terms and conditions of service,
duties and rights of employees of the State.
Basic Values and Guidelines for Civil Service
120.
(1)
The Civil Service shall be governed by,
inter alia, the
following values and principles:
(a)
a high standard of professional ethics shall be promoted and
maintained through focusing on merit and training;
(b)
efficient, economic and effective use of resources shall be
promoted;
(c)
the Civil Service shall be development oriented;
(d)
services shall be provided to all persons impartially, fairly,
equitably and without bias or discrimination on the basis of
religion, ethnicity, geographical diversity, gender, health
status or physical disability;
(e)
needs of the people shall be appropriately addressed, and the
public shall be encouraged to participate in policy-making;
(f)
the Civil Service shall be accountable to the appropriate level
of government;
(g)
transparency shall be fostered by providing the public with
timely, accessible and accurate information;
(h)
good human-resource management and career-development practices
to maximise human potential, shall be inculcated;
(i)
the Civil Service shall be broadly representative of the people
of the State, with employment and personnel management practices
based on ability, objectivity, fair
competition for jobs, and the need to redress any
imbalances of the past to achieve broad representation through
affirmative action;
(j)
persons with special needs shall be provided with specialised
and appropriate training opportunities;
(k)
the Civil Service shall function, and be structured, in
accordance with the law; it shall execute the policies of the
government;
(l)
civil servants shall not engage in party politics; no civil
servant may be favoured or victimized because of his or her
political opinion; any civil servant seeking an elective office
shall resign from the Civil Service;
(m)
all levels of government in the State
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; and
(n)
a Code of Conduct to be established by law.
(2) The terms
and conditions of employment in the State Civil Service shall be
regulated by law.
121.
(1) A state civil
service office to be known as
Upper Nile
State Civil Service
office shall be established. It shall consist of a
chairperson and members of
proven competence, experience, integrity and
impartiality.
(2)
The State Civil Service Office shall advice the Government of
the State on the formulation and execution of policies related
to public service, employment and employees.
(3)
The State Civil
Service Office shall be independent and impartial and shall
exercise its power and perform its function without fear, favour
or
prejudice in the interest of the maintenance of effective and
efficient civil
service and a high standard of professional ethic therein.
(4)
The State Civil
Service Office shall work in close coordination with the
South
Sudan Civil Service Commission.
(5)
The composition of the
State Civil Service Office,
and the terms and
conditions
of its members shall be determined by law.
The State Employees Justice Office
122.
(1)
There shall be established a State Employees Justice
office to be known as
Upper Nile
State Employees Justice Office, which shall be composed of a
chairperson and members of proven competence, experience,
integrity and impartiality.
( 2)
The State Employees
Justice Office shall, without prejudice to the right of
resorting to courts or exhausting the proceedings of the State
Civil Service Office, be competent to consider and determine
grievances from the State civil service employees.
( 3)
the Office shall present to the Government of the
State any recommendations
or proposed remedies it deems appropriate to ensure
justice.
(4) the law
shall regulate the composition, function, procedures, and terms
and conditions of services of the members and employees of the
office.
(5)
The State
Employees Justice office and South Sudan Employees Justice
Chamber shall coordinate, cooperate and assist each other in the
fulfilment of their functions.
CHAPTER II
OTHER STATE INSTITUTIONS
123. (1)
The State Government shall establish such
institutions compatible with its
powers as it deems necessary to promote the welfare of
its people, good
governance and justice. Such institutions shall perform
their functions and
duties impartially and without interference from any
person or body.
(2)
The
State Government shall ensure that at
least twenty-five percent of the membership of each of these
institutions shall be women.
CHAPTER III
THE STATE
ANTI-CORRUPTION OFFICE
Establishment of the State Anti-Corruption Office
124. (1)
A State Anti-Corruption Office to be known as
Upper Nile
State Anti-Corruption Office, shall be established. It shall
consist of a chairperson and members of proven competence,
experience, integrity and impartiality.
(2)
Without prejudice to the powers of the Ministry of
Justice, the State Anti-
Corruption Office shall
discharge its functions as those that are discharged
by the South Sudan Anti-Corruption Commission under
Article
144 of the Transitional Constitution of the Republic of
South Sudan and
any other functions prescribed by law.
(3)
The Upper Nile
State Anti-Corruption Office
shall work in close
cooperation with the South Sudan Anti-Corruption
Commission.
(4)
The composition of the State Anti-Corruption Office, and
the terms and conditions of service of its members, shall be
regulated by law.
CHAPTER IV
THE STATE HUMAN RIGHTS OFFICE
125. (1)
A State Human Rights Office to be known as
Upper Nile
State Human Rights Office, shall be established. It shall
consist of a chairperson and members of proven competence,
experience, integrity and impartiality.
(2)
the State Human Rights Office shall discharge in the State the
same functions as those that are discharged by the South Sudan
Human Rights Commission under Article 145 of the Transitional
Constitution of the Republic of South Sudan and any other
functions prescribed by law.
(3)
the Upper Nile
State Human Rights Office
shall work in close cooperation
with the South Sudan
Human Rights Commission.
(4)
the law shall regulate the composition, procedures,
terms and conditions
of service of the members and employees of the Office.
CHAPTER V
THE STATE PUBLIC GRIEVANCES OFFICE
Establishment of the State Public Grievances Office
126.
(1)
there shall
be established in the State an independent body, to be known as
Upper Nile
State Public Grievances Office. Its chairperson and members
shall be appointed by the Governor of the State from among
persons of competence and integrity. The Office shall
periodically report to the Governor of the State on the
performance of its functions and duties.
(2)
Notwithstanding the finality of the judgments of the
relevant courts, the Office shall consider complaints relating
to grievances suffered by citizens in relation to State
government institutions. The Office shall consider grievances
only after exhausting all means and stages of litigation by the
complainant.
(3)
The Office shall make recommendations or propose remedies
to the Governor of the State. The Office may on its own motion,
recommend any measures it deems appropriate to ensure
efficiency, justice or probity in the performance of the State
governmental institutions.
(4)
The law shall regulate the composition, functions,
procedures, terms and conditions of service of the members and
employees of the Office.
CHAPTER VI
THE STATE RELIEF AND
REHABILITATION OFFICE
Establishment of the State Relief and Rehabilitation Office
127.
(1)
A State Relief and Rehabilitation Office to be known as
the
Upper Nile
State Relief and Rehabilitation Office, shall be established. It
shall consist of a chairperson and members of proven competence,
experience, integrity and impartiality.
(2) The
functions of the Office shall be to facilitate and coordinate
repatriation, relief, resettlement, rehabilitation and
reintegration of returnees and internally displaced persons and
facilitation of the reconstruction of the conflict-affected
areas in the State and any other functions prescribed by law.
(3)
The Office shall work in close cooperation with the
South Sudan Relief and Rehabilitation Commission.
(4)
The law shall regulate the composition, functions, procedures,
terms and conditions of service of the members and employees of
the Office.
CHAPTER VII
THE STATE DEMOBILISATION, DISARMAMENT AND
RE-INTEGRATION OFFICE
Establishment of the State
Demobilisation, Disarmament and Re-integration Office
128.
(1)
A State
Demobilization, Disarmament and Re-integration
Office to be known as the
Upper Nile
State Demobilization,
Demobilization, Disarmament and Re-integration Office,
shall be
established. It shall consist of a chairperson and
members of proven
competence, experience, integrity and impartiality.
(2)
The structure,
composition, functions, powers and terms and condition of
the chairperson, members and employees of the office
shall be regulated
by law.
PART TEN
THE STATE LAW ENFORCEMENT AGENCIES
AND SECURITY
CHAPTER I
THE STATE LAW ENFORCEMENT AGENCIES
AND
SECURITY SERVICE
The
State Police Service
129.
(1)
There shall be established a State Police Service to be
known as the
Upper Nile
State Police which shall be a professional service force whose
mission is to prevent, combat and investigate crime, maintain
law and public order, protect the people in the State and their
properties, and uphold and enforce this Constitution and the
law;
(2)
The State Police Service shall be organized at the level
of the State; its
organization, structure, functions, powers, terms and conditions
of service shall be regulated by law;
(3)
The State Police Service shall be headed by a
Commissioner of Police;
(4)
The State Police shall be governed by this
Constitution and the law.
It shall respect the will of the people, the rule of law
and order, civilian government, democracy and human rights;
(5)
The State Police and their counterparts at the national
and in other States levels shall coordinate, cooperate and
assist each other in the discharge of their functions. To that
end, the State police shall recommend, through their respective
authorities to the National Government, the establishment of any
necessary mechanisms.
The State Prisons Service
130.
(1)
there shall be established a State prisons service to be
known as Upper Nile State Prisons Service and it shall be a
professional service; its mission shall be correctional,
reformative and rehabilitative.
It shall respect the
will of the people, the rule of law and order, civilian
government, democracy and human rights;
(2)
The State Prisons Service shall be organised at the level
of the State;
(3)
The State Prisons Service shall be headed by a
Commissioner of Prison;
(4)
The functions of the State Prisons shall, inter alia,
be to manage, operate and maintain the prisons of the State, and
to administer the internment and care for the health of
prisoners and inmates;
(5)
The State Prisons authorities shall treat prisoners
humanely. Any treatment that is cruel, inhuman, degrading of the
dignity of prisoners, or that may expose their health to danger
is prohibited and punishable by law;
(6)
The State Prison Service
shall coordinate and cooperate with its counterparts in other
States and with the National Prison Service. To that end, the
State Prison Service shall recommend, through the respective
authorities to the National Government, the establishment of any
necessary mechanisms; and
(7)
the organisation, powers, terms and conditions of service
of the State Prison Service shall be prescribed by law.
The State Wildlife Service
131.
(1)
there shall be established a State wildlife service to be
known as Upper Nile State Wildlife Service and it shall be
professional service; its mission is to protect the wildlife and
to preserve and conserve the natural habitat of flora and fauna
of the State;
(2)
The State Wildlife Service shall be organised at the
level of the State;
(3)
The State Wildlife Service shall be headed by a Director
General of Wildlife; and
(4)
The State Wildlife Service shall coordinate and cooperate
with the local communities on the protection and management of
wildlife within their areas
(5)
The State Wildlife Service shall act in accordance with
this Constitution and the following guiding principles:
(a)
the protection of the natural ecosystems, bio-diversity and
endangered species shall be the primary consideration in
carrying out its duties;
(b)
consistent with the provisions of this Constitution and the law,
the Wildlife Service shall manage wildlife resources as
necessary to protect human life; and
(c)
Wildlife shall be protected and managed in accordance with
international standards and obligations.
(6)
The organisation, functions, powers and terms and
conditions of service of the State Wildlife Service shall be
regulated by law.
It shall respect the will of the people, the rule of law and
order, civilian government, democracy, human rights and animal
protection.
The State Fire Brigade
Service
132.
(1)
there shall be established a State Fire Brigade service
to be known as Upper Nile State Fire Brigade Service and it
shall be a professional service, whose mission is to prevent and
protect the people of the State and their property from fire.
(2)
The State Fire Brigade Service shall be organised at all
levels of the government in the State.
(3)
The State Fire Brigade Service shall be headed by a Director
General of Fire Brigade.
(4)
The functions, organisation and terms and conditions of
service of the State Fire Brigade Service shall be regulated by
law.
133.
There shall be established Security Committees at all levels of
government in the State; their composition and functions shall
be determined by the National Security Act.
PART ELEVEN
LOCAL GOVERNMENT AND TRADITIONAL AUTHORITY
CHAPTER I
THE STATE LOCAL GOVERNMENT
Local Government
134.
(1)
Pursuant to Article
46 (b)
of this Constitution, the
State Legislative Assembly shall enact laws for the
establishment of a system of local government based on urban and
rural councils, for which it shall provide
structures,
composition, finance and functions.
(2)
without prejudice to the
provisions of sub-Article (1) above and for the purposes of the
initial establishment of a local government system throughout
South Sudan, and in order to set common standards and criteria
for the organisation of local government, the Government of
South Sudan shall enact the necessary legislation.
(3)
local government tiers shall consist of County, Payam and
Boma in the rural areas, and of city, municipal and town
councils in the urban areas.
(4)
pursuant to provisions of Article 166(4) of the Transitional
Constitution of the Republic of South Sudan local government
council shall be established by law taking into account, but not
limited to, the following criteria:
(a)
size of territory;
(b)
population;
(c)
economic viability;
(d)
common interest of the communities; and
(e)
administrative
convenience and effectiveness.
(5) The
objectives of local government shall be to:
(a)
promote self-governance and enhance the participation of people
and communities in maintaining law and order and
promoting democratic, transparent and accountable local
government;
(b)
establish the local government institutions as close as possible
to the people;
(c)
encourage the involvement of communities and community-based
organisations in the matters of local government, and promote
dialogue among them on matters of local interest;
(d)
promote and facilitate civic education;
(e)
promote social and economic development;
(f)
promote self-reliance amongst the people through mobilisation of
local resources to ensure the provision of services to
communities in a sustainable manner;
(g)
promote peace, reconciliation and peaceful coexistence among the
various communities;
(h)
ensure gender mainstreaming in local government;
(i)
acknowledge and incorporate the role of traditional authorities
and customary law in the local government system;
(j)
involve communities in decisions relating to the exploitation of
natural resources in their areas and
promote a safe and healthy environment;
and
(k)
promote and support the training of local cadres.
(6)
Local government in the State shall have powers to levy
charge and collect appropriate fees and taxes in accordance with
the law.
(7)
The State Government may pay grants-in-aid to local
government councils in support of delivery of basic social
services and their budgetary deficits.
(8)
if the State Government receives grants-in-aid from the
National government for local government, the State government
shall pay that grant-in-aid to the appropriate local government.
CHAPTER II
COUNTY COMMISSIONERS
The County
Commissioner
135. (1)
without prejudice to Article 1 (1) of this Constitution, the
Upper Nile State consists of thirteen (13) Counties and a City
Council.
(2) there
shall be a County Commissioner in each County and a Mayor of a
City Council directly elected by the people of the County by
universal suffrage in a general election as set out by law.
(3)
The powers, competences and terms and conditions of service of
the County Commissioner and City Mayor shall be regulated by
law, in accordance with the provisions of this Constitution and
the Transitional Constitution of the Republic of South Sudan.
CHAPTER III
TRADITIONAL AUTHORITY
Traditional Authority
136.
(1)
the institution, status and role of traditional
authority, according to customary law, are recognised under this
Constitution and the Transitional Constitution of the Republic
of South Sudan.
(2)
Traditional authority shall function in accordance with this
Constitution, the Transitional Constitution of the Republic of
South Sudan and the law.
(3)
The courts shall apply customary law subject to this
Constitution, the Transitional Constitution of South Sudan and
the law.
(4)
The Boma, as an integrated basic administrative unit of
the local government, shall be the domain of the traditional
authority.
Role of Traditional Authority
137.
(1)
The
State Legislative Assembly
shall provide for the role of traditional authority as an
institution at local government level on matters affecting local
communities.
(2)
The
State Legislative Assembly shall provide for the establishment,
composition, functions and duties of the Councils of Traditional
Authority Leaders.
PART TWELVE
FINANCE AND
ECONOMIC MATTERS IN THE STATE
CHAPTER I
GUIDING PRINCIPLES FOR DEVELOPMENT AND EQUITABLE SHARING OF COMMON WEALTH
Guiding
principle
138.
(1)
The Government of Upper Nile State shall support and
encourage a participatory economic development based on the
principle of subsidiary and devolution of governmental functions
and powers to the people at appropriate levels where they can
best manage and direct their own affairs.
(2)
The decentralised economic development in the State shall
be based on the agricultural and agro-industrial
sectors, and promotion of private sector conducted in
accordance with the best known practices of sustainable
development within a framework of transparent and accountable
governance.
(3)
The Government of the State shall promote and encourage
the participation of the people of the State in the formulation
of its development policies and programmes.
(4)
The Government of the State shall endeavour to build
institutional, human, social and economic capacity, develop
infrastructure and social services, and raise the standard of
public services in the State to attain the Millennium
Development Goals.
(5)
The sharing and allocation of resources and common wealth
of the State shall be based on the premise that all levels of
the State, communities and localities are entitled to
development without discrimination.
(6)
Resources and common wealth of the State shall be
allocated in a manner that will enable each level of government
to discharge its legal and constitutional responsibilities and
duties and ensure that the quality of life and dignity of all
the people in the State are promoted without discrimination on
grounds of gender, religion, political affiliation, ethnicity,
language or locality.
(7)
The Government of the State shall fulfil its obligations
to provide financial transfers to all levels of government in
the State, and shall, except as otherwise provided herein,
apportion revenue equitably among all levels of government in
the State.
(7)
the Government of
the State shall ensure release of allotted funds of the
State
Ministries and the State Assembly Institutions as passed in the
annual
budget allocation.
(8)
Revenue sharing
shall reflect a commitment to devolution of powers and
decision-making in regard to development, service
delivery and
governance.
(10)
Counties shall be allowed autonomy in the management of
their budget so as to foster a sense of project ownership.
(11)
All taxes and duties set out in this Constitution shall
be regulated by law to ensure coordination, fairness, equity,
transparency and to avoid an excessive tax burden on the
citizens, private sector and investors.
(12)
No level of government in the State shall unduly withhold
any allocation or financial transfer due to any other level of
government. In case of dispute, any level of government, after
attempting amicable solution, may initiate proceedings before
the Supreme Court of South Sudan.,\\
LAND
AND
NATURAL RESOURCES
IN THE STATE
Regulation of Land and Natural Resources
Land
Ownership
139. (1)
All
land in Upper Nile State is owned by the people of South Sudan
and its
usage shall be regulated by the government in accordance
with the provisions
of this Constitution and the law.
(2) Notwithstanding
sub-Article (1) above, and the provisions of Article 28 of the
Transitional Constitution of the Republic of South
Sudan, the government at all
levels, may expropriate land in the
public interest as shall be prescribed by law.
Land Tenure
140.
(1)
regulation of land tenure, usage and exercise of rights
thereon shall be
governed by this Constitution and the law.
(2) Without
prejudice to sub-Article (3) below, the land tenure system in
Upper
Nile State shall consist of:
(a)
public land,
(b)
community land; and
(c)
private land
(3)
Public land shall
include, but not be limited to:
(a)
all land owned,
held or otherwise acquired by any level of government as defined
by law; and
(b)
all land which are
not otherwise classified as community or private.
(4)
Regardless of the
classification of the land in question, rights over all
subterranean and other natural resources throughout Upper Nile
State, including
petroleum and gas resources and solid minerals, shall belong to
the National Government and shall be regulated by law.
(5)
Community land shall include all lands traditionally and
historically held or used by local communities or their members.
They shall be defined, held, managed and protected by law.
(6)
Private land shall include:
(a)
registered land held by any person under leasehold tenure in
accordance with the law;
(b)
investment land acquired under lease from the Government or
community for purposes of social and economic development in
accordance with the law; and
(c)
any other land designated as private land by law.
(7)
Rights in land and resources owned, held or otherwise acquired
by the Government shall be exercised through the appropriate or
designated level of government which shall recognize customary
land rights under customary land law.
(8)
All levels of government shall institute a process to
progressively develop and amend the relevant laws to incorporate
customary rights and practices, and local heritage.
(9)
Communities and persons enjoying rights in land shall be
consulted in decisions that may affect their rights in lands and
resources.
(10)
Communities and persons enjoying rights in land shall be
entitled to prompt and equitable compensation on just terms
arising from acquisition or development of land in their areas
in the public interest.
CHAPTER
III
FRAMEWORK FOR PETROLEUM DEVELOPMENT IN THE STATE
141.
(1)
As an oil producing State, the Upper Nile State shall be
represented in the National Petroleum Commission, in accordance
with Article 174 (3) of the Transitional Constitution of the
Republic of South Sudan.
(2)
The Government of the State shall prioritise areas of
petroleum development and make recommendations that are
consistent with such priorities to the National Petroleum
Commission, taking into account:
(a)
the impact from petroleum development on the environment of the
area;
(b)
the effect of petroleum development on traditional and community
rights in land in the areas affected by such development;
(c)
the expected economic yield and benefits from the petroleum
reserves; and
(d)
the required production facilities and the transportation system
to be put in place.
(4)
Without prejudice to provisions of Article (175) of
Transitional Constitution of the Republic of South Sudan, any
petroleum development in the State shall be conducted in a
manner that will ensure that:
(a)
the interests of the people of the State are safeguarded;
(b)
it does not violate National or State environmental laws or
policies, bio-diversity conservation guidelines;
(c)
cultural heritage is protected;
(d)
it recognises and protects rights in land, including customary
and traditional land rights;
(e)
the communities in whose areas development of subterranean
natural resources occurs have the right to be consulted in the
development of those resources.
(f)
it is in conformity with internationally-recognised industry
standards of environmentally sensitive natural resource
extraction or development.
CHAPTER
IV
SOURCES OF REVENUE IN THE STATE
Sources of Revenue for the Government of the State
142.
(1)
there shall be established State Revenue Authority in
Upper Nile State.
(2)
its structure, composition and functions shall be
regulated by law
(3)
the State may legislate for raising revenue or collecting
taxes from the following sources:
(a)
State land and
property tax and royalties;
(b)
service charges for
state services;
(c)
licences;
(d)
State personal income
tax;
(e)
levies on tourism;
(f)
at least five (5) %
percent of net oil revenue produced in the State; and shall be
allocated as stipulated in Article 178 (1) of the Transitional
Constitution of the Republic
of South Sudan.
(g)
State Government
projects;
(h)
stamp duties;
(i)
agricultural taxes;
(j)
grants-in-aid and
foreign aid;
(k)
exercise duties;
(l)
border trade charges or levies as shall be regulated by law;
(m)
other State taxes, which are not within the exclusive
jurisdiction of
the National Government;
(n)
loans and borrowing in accordance with Article 184 (3) of the
Transitional Constitution
of the Republic of South Sudan and the provisions of this
Constitution; and
(o)
any other tax as may
be determined by law.
(2)
All funds and special accounts referred to in this
Constitution and future accounts shall be on-budget operations
in accordance with the public budget.
FISCAL
AND
FINANCIAL
INSTITUTIONS IN THE STATE
State Fiscal Allocation and monitoring Office
143.
(1)
State Fiscal Allocation and Monitoring Office shall be
established to ensure transparent and fairness in regard to
allocation of fund in the State.
(2) the
organization, functions and powers of the State Fiscal and
Monitoring Office shall be in accordance with the provision of
Article 181 of the Transitional Constitution of the Republic of
South Sudan and the law.
State Revenue
Fund
144 (1) all
Revenue collected for or the Government of the State shall be
pooled in the
State Revenue Fund and administered by the State Ministry
of Finance. Such
fund shall embrace all accounts and other fund into which
monies due to the
Government of the State are collected, reported or
deposited.
(2)
all the revenue and expenditure of each levels of the Government
in the State
shall be on budget operations and make public.
(3) any
withdrawals from the State Revenue Fund shall not be made except
in
accordance with the law.
The State Reconstruction and Development Fund
145. (1)
there shall be established a State Reconstruction and
Development Fund to solicit raise and collect funds from
domestic and external donors and disburse such funds for the
rehabilitation and reconstruction of the infrastructure, the
resettlement and reintegration of internally displaced persons
and returnees to address any geographical imbalances in
development and infrastructure;
(2)
The Government of the State shall be responsible for
expenditure from the fund and shall be entitled to raise
additional funds by way of donation from internal and external
sources for the purposes of the reconstruction and development
of the State;
(3)
The Fund shall be transparently administered and
professionally managed by a body established by the Government
of the State, which shall also appoint an oversight committee
having on it representatives of the National Ministry of Finance
and of the South Sudan Audit Chamber; the State Legislative
Assembly shall supervise the performance of the Fund.
(4)
A
monitoring and evaluation system shall be established to ensure
accountability, transparency, efficiency, effectiveness, equity
and fairness in the utilisation of resources.
State Tender Board
146 (1)
there shall be established in the State an independent
body to be known as
Upper Nile State Tender Board. It shall award the
State Government
contracts;
(2)
the organisation, functions, powers and duties of the
State Tender Board
shall be regulated by law.
Borrowing
147. (1)
The Government of the State may borrow money within
National Government macro-economic framework and with the
approval of the State Legislative Assembly. The State
Legislative Assembly may by law exempt any category of loans
from the requirement of approval and in this case determine the
extent of the money value of the loan subject to such conditions
as it may prescribe. The Government of the State shall be
required to guarantee borrowing.
(2)
The Government of the State shall report financial and
fiscal data relating to such loans to the relevant institutions
in the National Government for statistical purposes.
State Accounting Procedures, Standards and Fiscal Accountability
148. (1) all
levels of government in the State shall comply with generally
accepted accounting procedures, standards and fiscal
accountability to ensure that public funds are allocated and
expended according to the budget of the respective level of
government.
(2) All
levels of government in the State shall hold all income and
revenue received in public accounts and subject to public
scrutiny and accountability.
(3) The accounting procedures, standards and fiscal
accountability in the State
shall be regulated by law.
Audits
149 All State
Government institutions shall be required to established and
operate
internal audit units to ensure that proper auditing and
budgeting procedures are
complies with.
CHAPTER VII
INTERSTATE TRADE AND
COMMERCE
Interstate Trade and Commerce
150.
(1)
Free interstate trade and commerce are guaranteed by this
Constitution and the Transitional Constitution of the Republic
of South Sudan. No
legislation shall impede interstate commerce, the flow of goods
and services, capital or labour between Upper Nile State and
other States.
(2)
There shall be no levies or fees or any other charges on
interstate trade and commerce in the State except in accordance
to the law.
CHAPTER
VIII
Government Liabilities and Assets
151.
(1)
any debt or liability incurred by any level of government
in the State shall be the responsibility of that level of
government.
(2)
There shall be a fair and equitable division of
government assets in the State.
An asset shall in the first instance be allocated to the
level of government office of the function in respect of which
the asset is related. In the event of a dispute, such dispute
shall be referred to a committee consisting of a representative
of each of the parties involved in the dispute and a mutually
agreed expert. The decision of the committee shall be final and
binding on the parties in dispute.
PART THIRTEEN
NATURAL AND MAN-MADE DISASTERS
Natural and Man-Made Disasters
152.
(1) The
Governor of the State, in consultation with the State
Legislative Assembly may, upon the occurrence of any natural
disaster or epidemic which may threaten the civil life of the
people of the State, take appropriate control measures to
address the situation.
(2)
Should the situation contemplated in sub-Article (1)
above require the declaration of a state of emergency, the
Governor of the State shall recommend the declaration of a state
of emergency to the President of the Republic of South Sudan.
PART FOURTEEN
STATISTICAL EVALUATION
CHAPTER I
STATISTICS
The State Centre for Statistics
153. (1)
A State Centre for Statistics, to be known as the Upper
Nile State Centre for Statistics shall be established by law.
(2)
The State Centre for Statistics shall be authorised,
inter alia, to:
(a)
collect, compile, analyse and publish official
statistical information on economic, social, demographic,
environmental and general activities and conditions of the
people of the State;
(b)
conduct surveys throughout the State;
(c)
monitor and evaluate social impacts of public policies, projects
and programmes; and
(d)
monitor the progress of poverty alleviation and the attainment
of the Millennium Development Goals in the State.
(3)
The
State Centre for Statistics
shall work in close cooperation with the National Bureau of
Statistic.
PART FIFTEEN
TRANSITIONAL AND MISCELLANEOUS PROVISIONS
Coming into Force
154.
(1)
This Constitution shall be cited as the Transitional
Constitution of Upper Nile State, 2011;
(2)
Pursuant to the provisions of Article 26 (1) (a) of the
Transitional Constitution of the Republic of South Sudan and
upon the adoption of this Constitution by the State Legislative
Assembly, this Constitution shall be presented to the Ministry
of Justice to assess its compatibility with the Transitional
Constitution of the Republic of South Sudan.
(3)
This Constitution shall come into force on the date of
signature by the Governor of the State.
(4)
The Interim Constitution of Upper Nile State 2008 is hereby
repealed provided that all actions taken or orders issued in
accordance with the provisions of the repealed Constitution
shall remain in force until they are amended or repealed in
accordance with provisions of this Constitution.
Amendment of this Constitution
155.
This Constitution shall not be amended unless the
proposed amendment is approved by two-thirds of all members of
the State Legislative Assembly and only after introduction of
the draft amendment at least one month prior to the
deliberations. Any amendment must be consistent with the
Transitional Constitution of the Republic of South Sudan.
.
Miscellaneous Provisions
156.
(1)
this Constitution derives its authority from the will of
the people of the State and Transitional Constitution of the
Republic of South Sudan.
(2)
for the purpose of this Constitution and the Transitional
Constitution of the Republic of South Sudan, the Transitional
period commenced on July 9th 2011.
(3) all
current laws in the State shall remain in force and all current
institutions shall continue to perform their functions and
duties, unless new actions are taken in accordance with the
provisions of this Constitution
Schedule (A)
National Powers
The exclusive legislative and executive powers of the National
Government shall be as follows:
1. The adoption or amendment of the National Constitution;
2. National Defense, National Security and Protection of the
National Borders;
3. Foreign Affairs and International Representation;
4. Nationality and Naturalization;
5. Passports and Visas;
6. Immigration and Aliens;
7. Currency, Coinage and Exchange Control;
8. The Judiciary;
9. National Police;
10. Establishment and Maintenance of National Prisons, Wildlife
and the Fire Brigade
Services;
11. Postal Services;
12. Civil Aviation;
13. Regulation of Airspace;
14. River Transport;
15. Beacons;
16. Navigation and Shipment;
17. National Lands and National natural resources;
18. Central Bank, the incorporation of commercial banks, issuing
of currency, and regulation
of banking system and insurance policy;
19. Bills of Exchange and Promissory Notes;
20. Weights, Measures and Standards, Dates and Standards of
Time;
21. Meteorology;
22. National Institutions;
23. Customs, Excise and Export Duties;
24. Intellectual Property Rights;
25. International, regional and bilateral treaties and
conventions;
26. State of Emergency;
27. International and Inter-State Transport, including roads,
airports, waterways, river ports
and railways;
28. National Museums and National Heritage Sites;
29. The management of the Nile Waters, trans-boundary waters,
national rivers and lakes;
30. Elections and referenda at all levels of Government;
31. Regulation of political parties;
32. Security and military forces;
33. Borrowing;
34. National planning;
35. Appointments and emoluments of national constitutional post
holders;
36. The determination of salary structure and allowances for
public sector employees
including the fixing of the minimum wage for both the
public and private sectors;
37. Regulation of National Civil Service;
38. Development of financial resources for the National
Government;
39. The co-ordination of services or the establishment of
minimum national standards or
uniform norms in respect of any matter or service
referred to in Schedule B or Schedule
C, read together with Schedule D, with the exception of
Item 1 of Schedule B;
40. National taxation and revenue;
41. National budgets;
42. National public utilities;
43. National flag, emblem, anthem, coat of arms and medals;
44. National reconstruction and development;
45. National information, publications, mass media and
telecommunication utilities;
46. Rehabilitation of and benefits to disabled war veterans,
orphans, widows and care for the
dependents of deceased war fallen heroes and heroines;
47. Any matter relating to an item referred to in Schedule C
that cannot be dealt with
effectively by a single state and requires National legislation
or intervention;
48. National census, surveys and statistics;
49. National identity cards and any other appropriate
documentation;
50. Traffic regulations;
51. Non-governmental, civil society, and faith based
organizations;
52. Incorporation of companies and registration of business
names;
53. National public holidays;
54. National Capital territory;
55. Names of states, state capital towns and state boundaries;
56. Regulation of professional associations and trade unions;
57. Licensing of Firearms;
58. Any other functions as may be authorized by this
Constitution and the law.
Schedule (B)
Powers of States
The exclusive executive and legislative powers of a state shall
be as follows:
1. Adoption or amendment of the state constitution subject to
conformity with the National
Constitution;
2. State Police, Prisons, Wildlife, Fire Brigade services;
3. Local Government;
4. State information, publications and mass media;
5. Social Welfare including state pensions;
6. The state Civil Service;
7. State Land and state Natural Resources;
8. Cultural matters within the state;
9. Regulation of religious matters;
10. Internal and external borrowing of money on the sole credit
of the state within the
National macro-economic framework;
11. The management, lease and utilization of lands belonging to
the state;
12. The establishment, maintenance and management of state
prisons and reformatories;
13. Establishment, regulation, and provision of health care,
including hospitals and other
health facilities;
14. Regulation of businesses, trade licenses, working
conditions, hours, and holidays within
the state;
15. Local works and undertakings;
16. Registration of marriage, divorce, inheritance, birth,
death, adoption and affiliations;
17. Enforcement of national and state laws;
18. The development, conservation and management of state
natural resources and state
forestry resources;
19. Pre-school, primary and secondary education;
20. Agriculture within the state;
21. Airstrips other than international and national airports
managed by the civil aviation
authority;
22. Intrastate public transport and roads;
23. Population policy and family planning;
24. Pollution control;
25. State statistics, and state surveys;
26. Charities and endowment;
27. Quarrying;
28. Town and rural planning;
29. State cultural and heritage sites, libraries, museums and
other historical sites;
30. Traditional authority and customary law;
31. State finances;
32. State irrigation and embankments;
33. State budgets;
34. State archives, antiquities and monuments;
35. State taxes;
36. State public utilities;
37. Vehicle licensing;
38. Fire control and ambulance services;
39. Recreation and sport within the state;
40. Flag and emblem of the state;
41. Issuance of driving licenses and number plates; and
42. Customary law courts.
Schedule (C)
Concurrent Powers
The National and state governments shall have legislative and
executive competencies on any of the matters listed below:
1. Economic and Social Development;
2. Tertiary education and scientific research;
3. Health policy;
4. Urban development, planning and housing;
5. Trade, commerce, Industry and industrial development;
6. Delivery of public services;
7. Banking and insurance;
8. Bankruptcy and insolvency;
9. Manufacturing licenses;
10. River transport;
11. Disaster preparedness, management and relief and epidemics
control;
12. Electricity generation and water and waste management;
13. Information, Publications, Media and Broadcasting;
14. Environmental management, conservation and protection;
15. Relief, Repatriation, Resettlement, Rehabilitation and
Reconstruction;
16. Subject to regulation by and approval of the National
Government, the initiation,
negotiation and conclusion of Bilateral and Regional
Agreements on culture, sports,
trade, investment, credit, loans, grants and technical
assistance with foreign governments
and foreign non-governmental organizations;
17. Financial and economic policies and planning;
18. Empowerment of women;
19. Gender policy;
20. Pastures, veterinary services, and animal and livestock
disease control;
21. Consumer safety and protection;
22. Residual powers, subject to Schedule D;
23. Mother, Childcare and protection;
24. Water Resources other than interstate waters;
25. Matters relating to taxation, royalties and economic
planning;
26. Human and animal drug quality control;
27. Regulation of land tenure, usage and exercise of rights in
land;
28. Matters relating to businesses, trade licenses and
conditions of operation;
29. Natural resources and forestry;
30. Fire control and
ambulance services
31. Prisons and reformatories
32. Firearms control; and
33. Recreation and sports
Schedule (D)
Residual Powers
Residual powers shall be dealt with according to their nature.
If the power pertains to a national matter, requires a national
standard, or is a matter which cannot be regulated by a single
state, it shall be exercised by the National Government. If the
power pertains to a matter that is usually exercised by the
state or local government, it shall be exercised by the state or
local government.
Schedule (E)
Resolution of Conflicts in Respect of Concurrent Powers
If there is a contradiction between the provisions of National
law and a state law on the matters that are concurrent, the
National law shall prevail to the extent of the contradiction.
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