Permanent constitution making behind schedule – Ministry of Justice laments

The Ministry of Justice and Constitutional Affairs has for the first time admitted that the permanent constitution-making process is behind schedule.

Speaking to The City Review on Monday, the acting undersecretary in the Ministry of Justice and constitutional affairs, Gabriel Isaac Awow said they had not received a complete list of nominees to form the technical committees.

He said the minister, Ruben Madol Arol, had written to the committee responsible for the implementation of the roadmap regarding the reconstitution and formation of the mechanisms to oversee the drafting of the permanent constitution.

According to Awow, the body has not notified the political parties and stakeholders of the agreement to submit the names of their nominees.

“Even the time which is provided by law has already passed. We are almost one month behind.

“This is one of the issues I want to discuss with the minister because there is also a problem. The mandate is the same and we are given a deadline, and up to this moment, we did not collect all the nominees and we are behind time. This is very serious!” Awow said.

During its 28th monthly meeting last week, the Reconstituted Joint Monitoring and Evaluation Commission (R-JMEC) expressed concerns about the delays in the reconstitution of the necessary commissions and institutions.

The chairperson of R-JMEC, Charles Gituai said there was no further progress to report on the making of the Permanent Constitution.

He appealed to the Minister of Justice and Constitutional Affairs to urgently provide guidance to the parties and stakeholders regarding the nominations of their representatives to the relevant constitution-making bodies, in accordance with the Act.

The peace monitoring body said a lot of work remains to be done if the Roadmap timelines are to be adhered to as promised.

He urged the Reconstituted Transitional Government of National Unity (RTGoNU) to demonstrate in action its commitment to deliver the transition on time, not simply by word.

Ambassador Gituai noted that this requires a solid commitment of resources to implement the agreement.

“It has now been three months since the Constitution-making Process Act 2022 was assented to. Also, the Minister of Justice and Constitutional Affairs tabled a memorandum to Cabinet to operationalize this Act.”

“Operate all the enacted laws, establish all institutions required by the Constitution-Making Process Act 2022, and expedite the enactment of the National Elections Bill,” Gituai urged.

The permanent constitution-making process Act 2022 was signed by President Salva Kiir in December, and in January, the Minister of Justice and Constitutional Affairs tabled a memorandum to the Cabinet to operationalize the Act.

Already, the council of ministers had directed the minister of justice to write to parties to the agreement and other stakeholders involved to request that they submit the names of their nominees for the formation of the technical commission and committees.

According to the roadmap for the implementation of the peace agreement, the process of making the permanent constitution will commence upon enactment of the law to draft it starting August 30, 2022, and will run through August 30, 2024.

In article five of the revitalized peace agreement, sub-article 6.4,, the permanent constitution shall be completed not later than twenty-four (24) months following the establishment of the transitional period and shall be in place to guide the elections toward the end of the transition.

Sub-article (6.6) of the agreement also calls on the Executive of the Revitalized TGoNU, after adequate consultations with all stakeholders, including the political parties, civil society organizations, women’s groups, youth groups, and faith-based groups, to reconstitute the National Constitutional Review Commission (NCRC) and appoint a preparatory subcommittee for convening a National Constitutional Conference (NCC) in accordance with the Act governing the constitution-making process.