South Sudan’s national parliament this morning has received the Establishment Order No. 36/2015 AD by President Salva Kiir for dividing South Sudan into 28 states. The bill was tabled by the Minister of Justice.

The president announced on 2 October that the 28 states would be created by decree alone – the so-called 'Establishment Order' – but later he backtracked and decided to take the decree to parliament for approval as a constitutional amendment. The 2011 constitution states that there are only 10 states and does not explain any process for how to create more.

Speaking on Tuesday, Justice Minister Paulino Wanawilla Unango said that the proposal to create 28 new states responds to the popular demand for further decentralization by creating more states bringing the number of the states in the Republic of South Sudan to 28 states.

“It is therefore necessary that certain articles of the transitional constitution, 2011 are to be amended to meet this new extension of decentralized system of governance,” he said.

He said the articles needing to be amended are article 162(1) which provides that the total of the states in the republic of South Sudan are ten, Article 163 which says the states legislators are to be elected and Article 164 which provides that governors of states are to be elected.

Speaker Manasseh Majok Rundial has directed the committee of legislative and legal affairs to be assisted by the two committees of justice and human rights of the Council of states to establish joint reports to the house within 30 days.

Members of Kiir's party have earlier spoken out in favor of the proposal to create 28 states, vowing to pass it as a constitutional amendment. On the other hand, the Minority Leader in Parliament Onyoti Adigo says he opposes the proposal and stresses that there is a pending court case against the 'Establishment Order'.

“There is a case now in the supreme court against the decision which we are trying to make, that case was opened by SPLM-DC and others against the president and against the Minister of Justice,” Adigo said today at parliament.

“The subject of the case is asking for the stay of the execution of the Establishment Order issued by the president on the 2nd of this month because it is contradicting the constitution and the [peace] agreement which the president has signed and was ratified by this August House,” Adigo said.

Related coverage: 

S Sudan chief justice announces support for Kiir's Establishment Order in spite of pending litigation (16 Oct.)

Kiir claims powers to appoint all governors, all state legislators (3 Oct.)