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JUBA - 12 Sep 2014

S. Sudan presidency unclear on whether media bills in force

Ateny Wek, the press secretary in the Office of the President of South Sudan, has said that three media bills now have the force of law while also saying that the laws do not yet govern the media.

“You cannot be governed by the law,” he said in remarks to the press on Tuesday, while adding later at the same event, “The law is in place now. We can apply it now.”

The contradiction relates to the fact that the government has not yet released a copy of the bills to the public nor allowed media to attend the signing by the president.

Credible reports suggest that initially only one of the three bills was signed by the president, the Broadcasting Bill, though by Tuesday the president was said to have signed all three bills.

Speaking at a press conference on Tuesday the press secretary claimed that President Salva Kiir signed the three bills but declined to produce copies of the text, saying they would be made available next week.

“As to when you should get copies, it is something that I wanted to discuss with the Minister of Information and Minister of Justice so that at least by next Monday you should have copies of what the President has signed into law. Because you cannot be governed by the law that you have no access to it,” said Ateny Wek.

Later in the same press conference he added, “It has started now – you know, since the president put signature one hour ago, the law is in place now. We can apply it now.”

“If you have any problem now, you are going to court, you will take it, this one copy with you so that you go and use this provision in the court. Because they have come now into force.”

The president’s press secretary also acknowledges the bills ‘went missing’ after being passed by parliament but says the text was not tampered with before being signed by the president.

Some observers have considered that the media bills did not actually need the president’s signature to become law because the 30 deadline for the president to withhold assent to the bills had already passed.

According to the constitution, any bill approved by the National Legislature is “deemed to have been so signed” after 30 days if the president fails to give reason for withholding assent.

However, the bills as passed by the parliament have not yet been published or distributed to the press. 

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Ateny Wek on media laws.mp3