South Sudan's President Salva Kiir on Friday night sought to decree the division of South Sudan's constitutionally established ten states into 28 states. The move was supported by Minister of Information and Broadcasting Michael Makuei, who says the change does not require parliamentary approval.

The president appeared on South Sudan Television (SSTV) on Friday evening declaring that he had decided to divide the 10 states into 28 new states. For example, Central Equatoria would be divided into three states: Juba State, Terekeka State and Yei River State. 

Article 161 of South Sudan's Transitional Constitution states that “the territory of South Sudan is composed of ten states.”

The constitution gives the Council of States the power to alter state boundaries and change state names or capitals, but nowhere does it authorize the creation of new states or the elimination of constitutionally established states.

Speaking on SSTV after Kiir's remarks, Makuei congratulated the president for his “bold decision.”

“This is of course in accordance with the provisions of the constitution... this is in accordance with the principle of taking towns to the people,” said the official. He added that the change was part of a process of making the government into a federal system.

Makuei was asked by SSTV anchor Garang John if the parliament will have a say in the matter, as required by the constitution. “This is an order,” responded the minister. “This order in my opinion I think will not go to the parliament. If it were to go to the parliament the provision would have been done differently.”

“This is an administrative order issued by the president, and an administrative order is not subject to approval,” Makuei affirmed.

President was 'hesitant' over decision

Kiir's decree will affect the peace deal with the rebel group SPLM-IO because the deal gave the group the positions of governor in two states, Unity and Upper Nile. The division of the states to be given over to rebel governors suggests that Kiir may seek to keep his appointees in control of parts of those areas.

Makuei, however, said the decree will not have any impact on the peace agreement. He stressed that the decision will help to transform the government into a federal system, which is what the rebels had demanded.

SSTV anchor John Garang queried Makuei about the decision, noting, “the president has been hesitant on this issue of creating more states.” He questioned where the resources will come from to create these new state governments.

The information minister said that the government has sufficient resources but these have been interrupted by the war and once peace resumes there will be more resources available for the states. He said also that states themselves will have a responsibility to generate resources for themselves in order to function.

Radio Tamazuj will bring you more news about the decree in the coming days.