On April 27, 2024, rumours circulated on social media about Hon. David Yau Yau potentially returning to the SPLM-IG. Friends contacted me online and by phone seeking clarification, but I couldn’t provide accurate information since I had not been in touch with him since his time in the Greater Pibor Administrative Area, and he had not officially communicated with the Party about it.

From April 27 to April 29, 2024, many people reached out to me for clarification on David Yau Yau’s rumoured defection. On April 29, a written and signed statement regarding his defection was shared online, with some SPLM-IG friends celebrating it on my Facebook page. However, I disputed the information based on the SPLM-IO Secretariat General’s clarification that the document was fake.

My reason for disputing the rumours surrounding David Yau Yau's defection was a matter of principle. A politician’s decision to leave an organization should not be based on speculation, especially when they hold a significant position in society or politics. Any decision to leave should be communicated publicly and unequivocally, as David Yau Yau did on April 1, 2024.

However, with the official report from the Office of our Chairman and other official media outlets, it has become clear that David Yau Yau has indeed defected back to the SPLM-IG. This statement is made in my capacity as a member of the SPLM-IO, with the aim of ensuring the SPLM-IO gains the confidence of the South Sudanese people.

Firstly, like other members of the SPLM-IO, I acknowledge David Yau Yau's decision to return to the SPLM-IG, which has historical significance for both parties. We take pride in the SPLM-IO’s role as a bargaining force for the rights of South Sudanese. It’s likely that David Yau Yau was promised benefits to address the injustices that led him to leave the Party initially.

Furthermore, Hon. David Yau Yau’s political manoeuvres are not unique among South Sudanese politicians. We have witnessed similar shifts in allegiance from various political figures, both joining and defecting from the SPLM-IO at a consistent rate since 2013. Therefore, his decision does not come as a significant disappointment to us.

Moreover, the SPLM-IO operates as a democratic party guided by its constitution. Article 5.5 of the Constitution emphasizes adherence to human rights and fundamental freedoms outlined in South Sudan’s Constitution, as well as in regional and international agreements. South Sudan’s Transitional Constitution of 2011, amended in Article 25(1), guarantees citizens the right to peaceful assembly and freedom of association, including forming or joining political parties.

In alignment with these principles, the SPLM-IO Constitution under Articles 5.5 and 6.14 recognizes key international human rights instruments such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), and the African Charter on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights.

The SPLM-IO’s overarching goal is to establish a transparent and accountable system of governance that upholds democracy, justice, freedom, equality, religious tolerance, social cohesion, peace, prosperity, harmony, and inclusivity. Based on these principles, the SPLM-IO respects David Yau Yau's decision to join or leave the party voluntarily.

Lastly, it’s essential for supporters, sympathizers, and the general public to understand that while the SPLM-IO operates as a democratic party, it also adheres to internal rules and regulations aimed at upholding democratic values for all members equally and fairly. One such rule governs the equal and fair treatment of all members, with exceptions based on the privileges associated with a member’s position.

Members of the SPLM-IO benefit from internal democracy, characterized by transparent, accountable, and inclusive processes within the party. The party’s open and inclusive structures enable more effective, dynamic, and competitive activities.

To join the SPLM-IO, Article 7 of the SPLM-IO Constitution outlines membership conditions. It states that membership is open to all South Sudanese citizens regardless of gender, origin, ethnicity, race, creed, or social status. Prospective members must accept the vision, mission, values, objectives, and programs of the SPLM and abide by the Constitution, Code of Conduct, and any associated rules and regulations.

Article 7.8 of the SPLM-IO Constitution outlines two types of membership for new members before they attain full membership status:

(a) Provisional membership for three months for individuals joining the Movement for the first time and (b) Provisional membership for six months for individuals rejoining the Movement.

The SPLM-IO Constitution states that after either three months of provisional membership or six months after rejoining, an applicant can become a full member with all associated rights and obligations.

David Yau Yau, who joined the SPLM-IO on April 1, 2024, and returned to the SPLM-IG on April 29, 2024, spent only one month in the SPLM-IO. According to Article 7.8.1 of the SPLM-IO Constitution, he held provisional membership status.

Provisional membership allows new members time to reflect on their decision to join the SPLM-IO, considering the new responsibilities it entails. Members are not promised anything upon joining, as the duties imposed are significant.

The SPLM-IO mandates its members to uphold democratic principles, rule of law, justice, freedom, equality, religious tolerance, and social cohesion in all actions. Loyalty and discipline are crucial to maintaining the rule of law within the party.

While David Yau Yau’s departure may not significantly impact the SPLM-IO, given his provisional membership status, it underscores the party’s commitment to maintaining its principles.

In conclusion, this statement clarifies that David Yau Yau held provisional membership in the SPLM-IO. His brief tenure raises questions about his commitment to the party’s values and his motivations for joining.

Hon. Juol Nhomngek Daniel, a member of the SPLM-IO in the National Parliament (TNLA) representing Cueibet County in Lakes State, is a lawyer specializing in good governance, constitutional and customary law, and human rights. He can be reached at nhomngekjuol@gmail.com.

The views expressed in ‘opinion’ articles published by Radio Tamazuj are solely those of the writer. The veracity of any claims made is the responsibility of the author, not Radio Tamazuj.