JUST A FORUM, NOT A QUORUM…!
Just the day Kiir met and decreed the JCE’s SPLM Caucus in Juba, three days before they voted to add more decree-powers to him, I used those words ‘just a forum without a quorum’, and my friends thought I was a doomsayer by predicting that the under-attended parliament was going to rubberstamp the Establishment Order #36/15 as decreed on SSTV by none other than himself, the Political Ayatolah of South Sudan. I knew the Order 36 was passed, especially when the SPLM caucus leader confessed this intimidation by the president on them:
“We are saying we are amending the national constitution, the president has to invoke article 101 (F), requesting the national legislature to amend those three areas and we are amending them on 19th of this month,” the Caucus leader, Hon. Tulio Odongi Ayahu, said.
So this is the descending order of the condescending hierarchy of South Sudan government’s operation system.
1- Jieng (Dinka) Council of Elders: This is an indirect but most influential body of former and current political leaders ruling the nation in the coat of one single tribal council that e.g. proposed the 23 states and handed it down to the president.
2- Salva Kiir Mayardit, the decree-ruling president. He decreed the order ‘EO36’ 2015, adding his 4 + 1 more states, and ordered the parliament to give him more powers for not only creating more states but also appointing and ‘disappointing’ governors and MPs with decrees and orders.
3- SSNLA/CS: The National Legislative Assembly and Council of States are now the ones, who implement the orders of the president and amend the constitution as demanded by the president.
4- The Constitution of South Sudan: This is #4 in the rung of the rank of governance. It is either abbrogated by the President or amended, upon his orders, by the parliament, to give more powers to the president, which powers he uses to violate it (the very constitution).
5- The People of South Sudan: This lot, which is supposed to be the first in the hierarchy, is now the last recipient of the decisions and actions of their government. They don’t instruct the government the way it is done in the normal world, they are ordered by the government to go to the streets, go to war against themselves, worship the government once it feels bored, give their resources to the government without question and accountability, etc.
NO QUORUM WAS ARRIVED AT:
From the below detailed summary of the session of November 19, 2015, no quorum was arrived at to pass the constitutional amendment motion. This is besides the fact that the numbers given to the speaker to announce, as linked in his voice cue here, were trumped up at the gate when entrants were signing in. Some sources said even body guards of the MPs and other staffers of the parliament were made to sign in so that the final list is submitted to the Speaker.
This ‘rumour’ is confirmed by the fact that the speaker just announced that the quorum had passed the amendment but without showing the votes’ tallies. Most of the MPs from other regions walked out in protest leaving the dominantly Dinka MPs controlling the house.”I was ashamed,” declared one journalist who was at the public gallery of the supposedly august house of the peoples’ of the young Republic of South Sudan.
This is also corroborated by the Minority Leader in the parliament, Hon. Onyoti Adigo, saying, “The attendance which was announced by the speaker is 189 NLA members, and 39 Council of states… what the parliament is doing is unconstitutional and that is why they didn’t count how many people voted in favor of amending this constitution because they are afraid.” https://radiotamazuj.org/en/article/less-23-s-sudan-parliament-members-vote-approve-28-states-proposal
Click this link to hear him (Rt. Hon. Magok Run-dial) confirming 189 against 198 attendance of the quorum, and then lying that the quorum was reached by topping it up with the 39 members of Council of States, which is illegal as the two houses are not allowed by law to share one motion under one roof. https://radiotamazuj.org/sites/default/files/Speaker%20Manasseh%20Magok%20reports%20NLA%20attendance%20of%20189.mp3
This is how the forgery of the parliamentary forum procedures was done, which still failed to reach the desired quorum.
1. The attendance as said by Speaker = 189 which is less the needed Quorum in NLA, which needs 198 MPs.
We arrived at the number 198 as follows:
1- Total MPs: 332
– 11 died but not yet replaced.
– 24 joined SPLM-IO, hence, considered dismissed.
– Total number of active house members: 297.
– 2/3 of 297 =198.
- minus 37 Equatorian MPs.
- 25 Nuer Caucus.
- 11 Chollo MPs and other regions’ 73 MPs stood against the Bill.
- Now total number supposed to be counted inside, including those who took official permission =125 MPs. This, by far, could not meet the NLA quorum.
2. Council of States.
- The Speaker didn’t attend the sitting. Their number is 50 members.
- The quorum is 2/3= 33 MPs. The attendance is 36 MPs. Now if we count them as one house (which is illegal) by adding 36 = 161 MPs, which is below the original quorum of 198, and even the said quorum by Speaker Magok is not meeting the constitutional quorum.
- In case as required by regulation 104 (l) of conduct of Business Regulations 2013 of National Legislature, which states that after deliberations.