Mr. Salva Kiir Should Be Sued For Dishonestly

By Dr. James Okuk

In his Monday 25th January 2010 remarks over the issue of SPLA uniform in civilian affairs of Southern Sudan, Salva Kiir confirmed that he is already a retired general, but he did not explain why he still wears military uniform and how he got promoted (or rather how he promoted himself) to the rank of 1st Lt. General in the army. Mr. SPLA Spokesman who is also related to the Abyei Minister in the GoSS tried to give explanation of this anomalie on behalf of Kiir saying:"I want to show to the public that 1st Lt-Gen Salva Kiir Mayardit was retired with effect from July 16, 2005 by late General Dr. John Garang De Mabior; also on 26/7/2005 Comrade late Commander-in-Chief wrote a message to all units of the SPLA in which he related that Commander Salva Kiir Mayardit had acceded to the rank of Lieutenant General with effect from May 2004 and retired with the rank of 1st Lieutenant General with effect from July 16, 2005… But being a retired general does not mean that you have to throw away your uniform - Kiir wears his military uniform on a ceremonial basis." Really and what a funny game!!!!

Surely, those contradicting and dull statements from Kiir defendants from Abyei gentlemen who are never going to vote in the South for Kiir in 11 – 13 April 2010 are opening unnecessary Pandora Boxes of the dishonest SPLA generals who have been wearing military uniforms and titles illegally both privately and publicly without public attention of their dishonesty since then.

Now, the democratic procedures and principles have exposed badly the SPLM leaders who at the same time pretend to be the SPLA top commanders. Even now people have started to doubt the legality and legitimacy of the SPLA military titles worn by some SPLM ranks and files (including the SPLA Spokesman), especially if they were promoted by the illegal SPLA 1st Lt. General who sneaked into the army to take the front seat without notice since 2005. Their promotion could be regarded legally as null and void because it was done by a civilian who kept his old military uniform for ceremonial purposes. But saying that the green SPLA uniform (with stars, scissors and eagles) that the people have been witnessing on Kiir and the military title he has been addressed with all these five years in the media houses are just for “ceremonial” purposes, doesn’t fair on well with honesty and moral turpitude. What a lawless semi-autonomous Southern Sudan under Kiir rule!!! My intelligence is much disturbed now by too much and too dull contradicting statements and bizarre arguments from the so-called born to rule.

With this affirmation from Kiir’s very mouth witnessed by the Chairman of High Elections Committee of Southern Sudan in Juba and broadcasted in media outlets, no doubt, the outgoing GoSS President and the company have hanged themselves politically as far as one of the conditions for nominees of the GoSS highest civil seat is concerned. According to the National Elections Commission (NEC)’s contestants nomination conditions: any person shall be eligible for nomination as a candidate for the office of President of the GoSS in accordance with the provisions of the Interim Constitution, provided that he/she shall satisfy the following qualifications: a) be a Sudanese (‘by birth’ has been removed); 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. Mr. Kiir may go through the first four requirements but he will be in trouble with the fifth one because of the “ dishonesty issue ” here regarding his illegal wearing of a uniform of one of the sovereign elements of the state, the army.

The incumbent GoSS President, 1st Lt. Gen. Salva Kiir warned that he would appeal to a court of law in case of any disqualification and expressed confidence that he would also win the case. Very good sign of respect to the rule of law from the illegal SPLA 1st Lt. General’s rhetoric!!! I hope his dull advisors shall not tell him to appeal in a Martial Court, far from civilian court of law. I can read and sense that Kiir feels already defeated by civilian law as he forecasts the opposite.

It is good also that Kiir told his supporters not to resort to violence if things did not work for their favour regarding the elections process and results. They should accept Kiir to go home peacefully once he loses the elections process or outcome to the winner, Dr. Lam Akol Ajawain, the next best possible president of the GoSS who shall take South Sudan into the Promised Land as the inevitable independence approaches nearly to the beloved people of the South.

The Sudanese Electoral Law requires that any candidate aspiring to contest for any public office while serving in the military must resign first in order to qualify to run for the elections. This also applies to those that work as civil servants or judges. Even if Hon. Judge Abel Alier wrote secretly to Kiir, comforting him in his illegal SPLA military uniform, still the constitutional law shall not get below the feet of My Lord, Hon. Abel Alier, because legal provisions regarding this issue are very clear and definite. "After going through the relevant constitutional and legal provisions and the advice on the same, on nominations by candidates, I have come to the conclusion that the office of Commander-in-Chief is not an army post. It belongs to the head of state as an aspect of sovereignty. In the case of the President of the Government of Southern Sudan, it is also an aspect of shared sovereignty," Alier said in his letter. However, other legal and constitutional experts may challenge Hon. Abel Alier if he tries to make the law applicable impartially and with exceptions when it comes to Mr. Salva Kiir candidacy. Any impartial law is not a just law and should be repealed with courage irrespective of who is who.

The logic here is that every elections candidate should be given an equal chance to compete on the same leveled ground and with the same rules of game like anybody else, whether he is an aspirant or an incumbent President of the GoSS. That is why it follows immediately after the candidate has been cleared and approved by the NEC that he/she gets relived from constitutional immunities or any other immunities that could block possible law suits. Thus, Kiir and the company should get reminded too that not only the “ military thing” but also the “ immunity and attached privileges things” shall come up soon on all the candidates during the campaign period. They will not be allowed to use public facilities and privileges for elections campaigns. Every contestant is supposed to rely on his own facilities. Kiir is not and should not get exempted here.

Dr. James Okuk is a concerned Southerner and a Separatist, reach him at [email protected]