The Establishment Order issued by President Salva Kiir on Friday creates 28 new states but leaves them without any constitutions until after the formation of state legislatures of appointed MPs, according to the order itself.
Ten existing state constitutions are effectively nullified by the decree; meanwhile, appointed state legislatures are mandated to promulgate transitional state constitutions, according to Article 3.5 of the Establishment Order.
The Order says that these state constitutions will remain in place until the national permanent constitutional process is completed. The Order does not specify how each new state should draft its constitution, but it does require each to have a governor and legislature appointed by Kiir, and it limits the number of MPs to 21 per state.
Reached for comment yesterday, state officials in Jonglei and Warrap reacted to the new of the decree by praising and thanking President Kiir. They also sought to clarify how the decree will be implemented in their respective states. Jonglei Minister of Information Jody Jonglei told Radio Tamazuj that his state will be divided into four states and hence each new state will produce its own constitution.
“Yes, in Jonglei we had one constitution but after current divisions, each state will have its own constitution where we shall be having four constitutions. Jonglei State will review the former constitution… and the other three will make their own constitutions,” he said.
For his part, the Commissioner of Tonj South County in Warrap State on Monday said that he expects the new ‘Tonj State’ to use the Warrap Constitution.
Commissioner James Mayom Chikom said, “I don’t see that we shall change the constitution of Warrap State since all of us agreed upon the Warrap State Constitution already, well even if there will be small changes but I don’d think we have to change from the existing constitution, since it is the same geographical area of Warrap.”
Asked who will be the first governor of Tonj State, the commissioner suggested, “I think the same [Warrap] governor has no objection to be the same governor and our problem here is not about who will be where but our problem is someone who will deliver better services to the public.”
He asked his fellow state citizens to stay united and begin a new chapter for the development of South Sudan.
File photo: President Salva Kiir with Minister of Information Michael Makuei