Adv. Ayuel Lazuru Kon.
The TNLA’s Public Accounts Committee and the Finance and Economy Committees on Thursday June 6th, 2024; demanded an explanation from the Minister of Cabinet Affairs, Dr. Martin Elia Lomuro, on the use of $10,000,000 meant for peace agreement institutions and mechanisms.
Some Media houses published minutes of the meeting, in which the Minister on the next day clarify in a press statement that he had been miscoded by those media houses. This discrepancy will drive us to the question of the article:
The newfangled of Hon. Lomuro, was it a political witch hunt as he instated or a political blunder?
The purpose of this article is not to expose Dr. Elia Lomuro as an insincere or to accuse the Media Houses of being a tabloid journalism; It is about spotlighting the public interest from the context.
#The_Mandate_of_NTLA_Committees (Do they have powers to call the Minister?
The mandates of the Public Accounts Committee (PAC) and the Finance and Economy Committees (FEC) are not directly outlined in the Constitution. However, the constitution does establish a legislative framework for these committees, and their specific mandates are typically defined in the standing orders of the Transitional National Legislative Assembly. The Constitution in (Article 3.1, 51 & 59) empowers the NTLA to create committees and it doesn’t specify committee mandates.
The Revitalized Agreement on the Resolution of the Conflict in South Sudan RARCSS 2018; doesn’t directly address committee mandates either; , it strengthens the TNLA’s role in holding the government accountable, which is a function often achieved through committees like the PAC and FEC.
So, based on common practices, and a decentralized system of governance, the legislative assembly holds a variety of powers in relation to the executive members or ministers. These powers can be categorized into three main areas: Oversight, Approval, and Budgetary Control.
The Public Accounts Committee (PAC), Oversees government spending by examining reports from the Auditor General; Ensures public funds are used efficiently, effectively, and in accordance with the law; May hold hearings and question government officials on financial matters.
Finance and Economy Committee (FEC) Considers and reports on government financial legislation, including budgets and taxation; the committee may scrutinize economic policies and development plans.
In conclusion, while the RARCSS doesn’t directly address the PAC and FEC mandates, it strengthens the TNLA’s oversight role, making their existence highly likely. Their specific functions reside within the TNLA’s standing orders.
The relationship between the legislative assembly and the executive branch is often one of checks and balances. While the assembly has the power to hold the executive accountable, the executive may also have the power to veto legislation passed by the assembly.
The Minister Lomoro was summoned by the Parliament to answer questions and queries in relation to the transfer of $10 million to the account of the Ministry of Foreign Affairs for implementation of key provisions of the agreement and special files.
The institutions include the National Constitutional Review Commission (NCRC), the National Constitutional Amendment Committee (NCAC), the National Human Rights Council (NHRC) and the Judiciary Reform Committee (JRC).
Out of the four mentioned, only the National Constitutional Review Commission (NCRC) is currently active based on my own knowledge. This commission is tasked with drafting a permanent constitution for South Sudan as part of the 2018 Revitalized Peace Agreement. It was recently reconstituted in January 2024. Their main goals are to gather public input and create a constitution that promotes lasting stability, peaceful transition, and good governance.
National Constitutional Amendment Committee (NCAC) doesn’t appear to be active currently, because amending an existing constitution would fall under the purview of TNLA, not a separate committee, it was just inserted to the R-ARCSS while the negotiators were focusing on power sharing tactics. There is no record about the National Human Rights Council in South Sudan.
Judiciary Reform Committee (JRC);
The JRC established in July 2022; with the aim of reforming the country’s judicial system, the mandate of the committee is to review relevant laws related to the judiciary. Advise the (R-TGoNU) on judicial reforms; recommend restructuring of the judiciary to enhance its effectiveness. Ultimately, work towards a more independent judiciary that upholds the separation of powers and the rule of law.
The JRC launched public consultations across South Sudan’s states and administrative areas in 2023 to gather feedback, their work aimed to be completed by January 2024, but the committee faced a backlog of cases, limited resources, and concerns about corruption, the success of the JRC’s recommendations will depend on sustained political will and adequate funding for implementation.
For the august house to avoid accusation of political witch hunting, they should do their role in ethical manner, they have to follow the rules in a letter and spirit of the RARCSS, Constitution and their mandate. The same for Honorable Dr. Elia Lomoro to avoid such practices, I am kindly adding my voice to those of JMEC, Media and Governors forum in their continually recommendation of establishment of Economic and Financial Management Authority (EFMA).
The Economic and Financial Management Authority (EFMA) will provide effective oversight of economic and public financial management. It is mandated to ensure transparency and accountability, particularly in the oil/petroleum sector, concessions and contract awards, budgetary and public expenditure, revenue collection and other relevant matters.
The Economic and Financial Management Authority (EFMA) is an institution proposed in the Revitalized Agreement on the Resolution of the Conflict in South Sudan (RARCSS) 2018. It’s intended to be a key player in promoting transparency and accountability in the country’s economic and financial management.
Their purpose is to oversee economic and public financial management; Ensure transparency and accountability. The RARCSS lays the groundwork for its creation but it hasn’t been officially established yet.
The proposal outlines a board to govern the EFMA, known as the Board of Economic and Financial Management Authority (BEFMA) constituted by a wide range of members, including Government representatives (President, Vice Presidents, and Ministers); Representatives from institutions like the Bank of South Sudan and National Revenue Authority Members of Parliament; Representatives from civil society, women, youth, and academia. In additional to that The EFMA would also be supported by an Advisory Committee consisting of international organizations like the World Bank and the African Development Bank.
The EFMA is a proposed institution with the potential to significantly improve economic management and transparency in South Sudan. Its importance in the country’s future, so that such newfangled will never happens again for any Minister.
Lomuro embarrassed himself by pointing fingers to the NLA Committees and to the office of the President, and there should be consequences on his political blunder.
#Ayuielkon@hotmail.com..
