A Prominent Juba-based advocate who is also the managing partner of M/S Pan African Law Chambers LLP has described the recent extension of the tenure of the transitional government by two years and the postponement of elections to December 2024 as a constitutional coup.
Advocate Wani Santino Jada told Radio Tamazuj that the extension of the government is illegal, unconstitutional, and a constitutional coup done against the people of South Sudan.
“We need to understand what a constitutional coup is; a constitutional coup occurs when an individual or group seizes political power in a manner that appears consistent with the country’s constitution as opposed to the traditional violent coup d’état,” he explained. “This type of coup often exploits the loopholes or ambiguities within the constitutional framework to achieve its objectives.”
“The sovereign power belongs to the people, vested in the people it doesn’t say that it is vested to Salva Kiir, it doesn’t say that it is vested in Taban Deng, Riek Machar, Wani Igga and [Rebecca] Nyandeng, it says vested in the people, the people of South Sudan are not these five people running the country turning it left, right as they wish, it is the citizens that mandates them, it is the citizens that extend their power,” Advocate Wani added.
The lawyer said the country’s leadership did not consult the people of South Sudan and the extension of the government’s term in office is illegal and is a crime under Article 3 of the supremacy of the constitution which states that the constitution derives its authority from the will of the people and shall be the supreme law of the land from the will of the people and that it does not say from the will of the president or the presidency.
“Article 4 of the same constitution states that no person or group of persons shall take or retain control of the state power except with the constitution any person or group of persons who attempts to overthrow the constitutional government, suspend or abrogate the constitution commits treason,” Wani charged. “And these people, I can say they, have committed treason by overturning the constitution of the country to their favor not by the will of the people.”
“This is the tone of the constitution, this is not from me, the same constitution that the president, governors, or whoever is quoting is the same constitution that also protects the citizens, so, people should not choose articles that favor them and those that do not favor them, they keep silent about,” the lawyer concluded.