SPLM-IO
The Director for Information and Public Relations in the Office of the First Vice President, Dr Riek Machar Teny, who is also the Acting Press Secretary, Puok Both Baluang. [Photo: Courtesy]
The First Vice President, Dr Riek Machar, has protested the ouster of Jonglei State Assembly Speaker, Amer Ateny Alier, terming her dismissal a violation of the peace agreement.
The Press Secretary in the Office of the First Vice President Puok Baluang described the decree issued by President Salva Kiir, relieving Alier, as a “unilateral decision and a violation of the peace agreement.”
According to Baluang, the leadership of the SPLM-IO in Juba and Jonglei did not request or recommend the speaker’s removal, and as such, the decision contravened the salient clauses of the peace agreement, which require a consultation before decisions are made.
“What the President of the Republic did is a violation of the peace agreement. “The SPLM-IG and the President of the Republic use powers not there,” stated Baluang.
He said the leadership of the SPLM-IO was shocked by the decree when they only learnt about it being read out in the state-run television station, SSBC. He called on President Kiir to rescind the decision and have Alier reinstated as the assembly speaker.
“We appeal to the President of the Republic to review the decision he issued. The leadership of the SPLM-IO asks him to allow to Amer Ateny to resume her duty as speaker in Jonglei State”.
He added, “The revitalised peace agreement stipulates that each party that signed the peace agreement has the right to nominate or to revoke the appointment of its members in the positions stipulated in the agreement, whether they are at the national or state level, executive, legislative, and so on.”
Baluang argued the president cannot relieve any member of the SPLM-IO from the positions granted in accordance with the revitalised peace agreement without a recommendation from the party.
“The Speaker of the Jonglei State Assembly can be relieved of the position after the SPLM recommends that, but [for] now the party did not recommend that. So, she must remain in her position now, as the party chose her for that position”.
The City Review made an attempt to contact the Minister of Presidential Affairs, Dr. Barnaba Marial Benjamin, for a reply that would explain the reasons for the presidential decision, but the calls went unanswered.
What R-ARCSS says
However, the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARSS) anticipates such situations and spells out the protocols for relieving the officers. Chapter one, part 9.6.1.1, notes that “decision making in the presidency shall be in a spirit of collegial collaboration.”.
Chapter one part 9.6.1.2 states: “The President, the First Vice President, and the Vice Presidents shall seek to reach agreement on matters of Executive Administration and failure of which by agreement of at least four of them”.
Also, Chapter one 1.16.3 notes: “The positions that shall be shared as per the responsibility sharing formula are: governors, speakers of state legislatures, state councils of ministers, state legislatures, county commissioners, and county councils (if any).” Although the deal is not explicit about who has the power to relieve, Chapter 1.9.6.1.1 anticipates the spirit of consultation in the appointment and dismissal of such officers.
On Tuesday, President Salva Kiir dismissed at least 15 senior state government officials in Jonglei and Unity states. Although the decree did not attach the reasons for the changes, in Alier’s case, The East African reported that her removal may have been triggered by her public differences with the governor, Denay Chagor, and deputy governor, Akech Dengdiit.
The former speaker is said to have criticised the two leaders for misusing funds, which Dengdiit denied, saying that the state’s track record of development spoke for itself, citing the Juba-Bor highway as an example.
Via City Reviews’s