After a long and deafening silence, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has finally admitted that there was a violation in the dismissal of Angelina Teny and swapping of the ministry of defence with that of Interior, by President Salva Kiir.
It has been nearly one month since President Salva Kiir relieved Angelina as minister of defence. Later, the president switched the defense docket with the interior docket. A few weeks later, President Kiir appointed Chol Thon Balok as the defence minister.
All this was going on, amidst protests from the opposition, with Riek Machar describing the decision of his boss, a key partner in the peace process, as unilateral.
The once thorny political move was even discussed by the SPLM/A-IO Political Bureau on March 4, 2023, which vehemently rejected the changes.
The bureau, SPLM-IO’s highest decision-making body, said it was a violation of the R-ARCSS.
It also called on the president to reinstate Angelina as the minister for defense and veteran affairs.
The call was never heeded.
On March 10, 2023, the SPLM/A-IO referred the matter to RJMEC following a fruitless meeting between the president and Marcha, the First Vice President.
The peace mentors—RJMEC—instead urged the parties to the peace agreement to work together in a collegial manner. RJMEC efforts remain in vain as the parties continue to be in a deadlock.
After a long period of silence, on Wednesday, Charles Gituai, the RJMEC interim chairperson, admitted that there was a violation by the removal of the defence minister.
“In accordance with the R-ARCSS, a unilateral dismissal of an appointee of another party to the R-ARCSS or swapping of a ministerial portfolio first selected by another party at the commencement of the transitional period, is contrary to the letter and spirit of the R-ARCSS, hence a violation,” RJMEC said in its quarterly report seen by City Review.
The peace monitor expressed that any disagreement among the parties to the R-ARCSS, including a dispute over the defence docket, should be amicably discussed and resolved by the parties themselves through mutual understanding and agreement.
But while SPLM-IO insists that Kiir violated the terms of the peace accord, the government side—SPLM—says the president acted within the law.
“The Political Bureau condemns and rejects the unilateral removal of Hon. Angelina Teny as Minister of Defense and Veterans Affairs in violation of Article 1.13.1, which gives each party to the agreement the power to remove its representatives from the Council of Ministers and nominate replacements by notifying the President,” the SPLM-IO said in a statement.
Michael Makuei, the government spokesperson, however, defended the president’s decision, saying that no violation was done.
“Even Riek Machar was appointed by the president, so the final authority that makes the appointments is the president, and he’s the final authority that relieves,” Makuei told reporters in Juba.
Makuei said the president is the supreme authority who appoints and relieves officials and should not be questioned, a position that has since been opposed by RJMEC.
Gitui added that till now little has been done to ensure the disputes are resolved.
He said that failure to do so may derail the implementation of the roadmap.
“Despite the above engagements (peace efforts by RJMEC and other peace monitors), the parties failed to reach a consensus, and on March 29, 2023, H.E. President Salva Kiir appointed General Chol Thon Balok as the minister of defense and veteran affairs,” the report partly read.
Gituai further called on trust between parties to the peace agreement and collective work together for the full implementation of the roadmap.
“RJMEC briefed the IGAD leadership and appealed for their immediate intervention to assist the parties to resolve the impasse,” noted the report adding that the parties should engage in dialogue in the spirit of collegiality, consultations, and consensus to resolve the political impasse amicably.
“RTGoNU to enhance consultations and dialogue in the spirit of collegial collaboration and consensus to address emerging issues during the implementation of the RARCSS.” the report read
RJMEC is also reminded the parties of the need to engage in a higher gear and deliver the election.
Gituai added that parties should submit the names of their nominees to the various constitution-making mechanisms, to the minister of justice and constitutional affairs, for consideration and appointment by the RTGoNU.
What R-ARCSS says
The RTGoNU is founded on the premise that there shall be collegial collaboration in decision-making and continuous consultations within the Presidency, between the President, the First Vice President, and the Four Vice Presidents, to ensure effective governance during the Transitional Period;
On the allocation of ministerial portfolios, Article 1.12.1 of the R-ARCSS provides that the parties shall, during the pre-transitional period, agree on the allocation of the ministerial and deputy ministerial portfolios.
This was done and provided the basis upon which the RTGoNU was established and the Council of Ministers sworn in at the commencement of the transitional period
In terms of replacement and removal procedures, Article 1.13.1 of the R-ARCSS provides that “each party may remove its representatives from the Council of Ministers and nominate replacements by notifying the President with at least 14 days’ notice”
Article 1.13.2 of the R-ARCSS provides that in the event that a ministerial post falls vacant during the Transitional Period, the replacement shall be nominated by the top leadership body of the party that first selected that ministerial portfolio, as appointed at the commencement of the Transitional Period.
