A SEARCH FOR A PERMANENT CONSTITUTION IN SOUTH SUDAN: EXPECTATIONS AND ASPIRATIONS
Abstract
The article reflects on the expectations and aspirations surrounding the ‘permanent’ constitution that South Sudan prepares to draft. South Sudan has travelled a long and complicated path in the constitution-making process, with its origins tracing back to Sudan. The troubled Sudan, where South Sudan seceded, sought a constitutional resolution to the enduring political conflicts that characterised the nation. Successive governments endeavoured to draft and enact a ‘permanent’ constitution, but this aspiration remained elusive until 2011 when South Sudan realised its long-held ambition of becoming an independent country. The search for a ‘permanent’ constitution in South Sudan is an aspiration for a stable and prosperous nation where the people’s constitution protects minority’s rights and facilitates services to citizens in a manner that involves their governance. The paper attempts to address the question of the nature of the anticipated ‘permanent’ constitution and the people’s aspirations regarding the ‘permanent constitution.’ To this effect, the paper proposes, among other things, the adoption of a robust system of governance, particularly federalism, the nature and details of which should undergo public consultations and validation before being endorsed by the public. It also discusses a hybrid system of government as a relevant framework that will address historical inequities with the current presidential system and its federal judicial structure, which is independent and devolved to various levels of government. The ‘permanent’ constitution is expected to embrace consociational democracy and recognise the diversity that fosters national identity and unity as mechanisms for conflict mitigation in a divided country such as South Sudan. Finally, the paper considers the aspects of constitutionalism and the rule of law necessary for an effective constitution; therefore, the new constitution is anticipated to promote respect for laws and entrench the rule of law and the culture of constitutionalism throughout government structures.
Key words: Expectations; Federalism; Consociational Democracy; Constitutionalism; Diversity; Governance
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