South Sudan 2011 Constitution (reviewed 2013)

PART NINE. THE CIVIL SERVICE, INDEPENDENT INSTITUTIONS AND COMMISSIONS

CHAPTER I. THE CIVIL SERVICE

138. Civil Service

1. The National Government shall have a Civil Service consisting of all its employees who shall impartially carry out the functions assigned to them according to the law.
2. Civil servants, including the Undersecretaries, at all levels of government shall be recruited, appointed and promoted on the basis of educational qualifications, professional training, experience, competence and merit.
3. The law shall determine terms and conditions of service, duties and rights of employees of the Civil Service.

139. Basic Values and Guidelines for Civil Service

1. The Civil Service shall be governed by, inter alia, the following values and principles:
   1. a high standard of professional ethics shall be promoted and maintained through focusing on merit and training;
   2. efficient, economic and effective use of resources shall be promoted;
   3. Civil Service shall be development oriented;
   4. services shall be provided to all persons impartially, fairly, equitably and without bias or discrimination on the basis of religion, ethnicity, region, gender, health status or physical disability;
   5. needs of the people shall be appropriately addressed, and the public shall be encouraged to participate in policymaking;
   6. Civil Service shall be accountable to the appropriate level of government;
   7. transparency shall be fostered by providing the public with timely, accessible and accurate information;
   8. good human-resource management and career-development practices to maximize human potential, shall be inculcated;
   9. Civil Service shall be broadly representative of the people of South Sudan, with employment and personnel management practices based on ability, objectivity, fair competition for jobs, and the need to redress any imbalances of the past to achieve broad representation through affirmative action;
   10. persons with special needs shall be provided with specialized and appropriate training opportunities;
   11. the Civil Service shall function, and be structured, in accordance with the law; it shall execute the policies of the government;
   12. civil servants shall not engage in party politics; no civil servant shall be favored or victimized because of his or her political opinion;
   13. any civil servant seeking an elective office shall resign his or her post in the Civil Service; and
   14. all levels of government shall be responsible for the recruitment, appointment, promotion, transfer and dismissal of employees of the Civil Service in their administrations guided by uniform norms and standards set out in this Constitution and the law.
2. The terms and conditions of employment in the Civil Service shall be regulated by law.

140. The Civil Service Commission

1. There shall be established a Civil Service Commission composed of persons of proven competence, experience, integrity and impartiality.
2. The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by the President in accordance with this Constitution and the law.
3. The Civil Service Commission shall advise the National Government on the formulation and execution of policies related to public service, employment and employees.
4. The Commission shall be independent and impartial, and shall exercise its powers and perform its functions without fear, favour or prejudice in the interest of the maintenance of an effective and efficient Civil Service and a high standard of professional ethics therein.
5. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law.

141. Employees Justice Chamber

1. There shall be established a National Employees Justice Chamber which shall be composed of a Chairperson, Deputy Chairperson, and Members of proven competence, experience, integrity and impartiality.
2. The Chairperson, Deputy Chairperson and Members of the Chamber shall be appointed by the President in accordance with this Constitution and the law.
3. The Chamber shall, without prejudice to the right of resorting to courts or exhausting the proceedings of the Civil Service Commission, be competent to consider and determine grievances from Civil Service employees.
4. The Chamber shall present to the President any recommendations or proposed remedies it deems appropriate to ensure justice.
5. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Chamber shall be regulated by law.

CHAPTER II. INDEPENDENT INSTITUTIONS AND COMMISSIONS

142

1. The National Government shall establish independent institutions and commissions as provided for by this Constitution. Such institutions and commissions shall perform their functions and duties impartially and without interference from any person or authority.
2. The National Government may establish other institutions and commissions compatible with its powers as it deems necessary to promote the welfare of its people, good governance and justice.
3. The National Government shall ensure that at least twenty-five percent of the membership of each of these institutions and commissions shall be women.

CHAPTER III. ANTI-CORRUPTION COMMISSION

143. Establishment of the Anti-Corruption Commission

1. There shall be established an independent commission to be known as the Anti-Corruption Commission.
2. The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by the President with the approval of the National Legislative Assembly by a simple majority of all the members.
3. The members of the Commission shall be persons of high moral character and proven integrity and shall be independent, competent, non-partisan and impartial. They may not be removed from office except with the approval of the National Legislative Assembly by a two-thirds majority of all members.
4. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law.

144. Functions of the Commission

1. Without prejudice to the powers of the Ministry of Justice in public prosecution, the Commission shall, inter alia, perform the following functions:
   1. protect public property;
   2. Investigate and prosecute only cases of corruption;
   3. combat administrative malpractices in public institutions; and
   4. pursuant to the provisions of Article 120 (1) herein, require all persons holding such public offices to make confidential formal declarations of their income, assets and liabilities.
2. Without prejudice to sub-Article (1) above, the Commission shall not have any power to question the decision of any Justice, Judge or Magistrate where such decision was made in the discharge of the judicial functions of his or her office.

CHAPTER IV. HUMAN RIGHTS COMMISSION

145. Establishment of the Human Rights Commission

1. There shall be established an independent commission to be known as the Human Rights Commission.
2. The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by the President with the approval of the National Legislative Assembly by a simple majority of all members present and voting.
3. The Chairperson, Deputy Chairperson, and Members of the Commission shall be persons of proven integrity, competence, non-partisan and impartial.
4. The Commission shall have power to issue summons or other orders requiring representatives of relevant institutions and other bodies at all levels of government or persons or organizations to appear before it or produce any document or record relevant to any investigation by the Commission.
5. The Commission may request a government representative or any person or organization to take part in its deliberations if and when necessary.

146. Functions of the Commission

1. The functions of the Commission shall be to:
   1. monitor the application and enforcement of the rights and freedoms enshrined in this Constitution;
   2. investigate, on its own initiative, or on a complaint made by any person or group of persons, against any violation of human rights and fundamental freedoms;
   3. visit police jails, prisons and related facilities with a view to assessing and inspecting conditions of the inmates and make recommendations to the relevant authority;
   4. establish a continuing programme of research, education and information to enhance respect for human rights and fundamental freedoms;
   5. recommend to the National Legislative Assembly effective measures to promote human rights and fundamental freedoms;
   6. create and sustain within society awareness of the provisions of this Constitution as the fundamental law of the people of South Sudan;
   7. educate and encourage the public to defend their human rights and fundamental freedoms against all forms of abuse and violation;
   8. formulate, implement and oversee programmes intended to inculcate in the citizens awareness of their civic responsibilities and understanding of their rights and obligations as citizens;
   9. monitor compliance of all levels of government with international and regional human rights treaties and conventions ratified by the Republic of South Sudan;
   10. express opinion or present advice to government organs on any issue related to human rights and fundamental freedoms; and
   11. perform such other function as may be prescribed by law.
2. The Human Rights Commission shall publish periodical reports on its findings and submit annual reports to the National Legislative Assembly on the state of human rights and fundamental freedoms.
3. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law.

CHAPTER V. PUBLIC GRIEVANCES CHAMBER

147

1. There shall be established an independent body to be known as the Public Grievances Chamber.
2. The Chairperson, Deputy Chairperson and Members of the Chamber shall be appointed by the President from persons of proven integrity, competence and shall be non-partisan and impartial.
3. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Chamber shall be regulated by law.

CHAPTER VI. RELIEF AND REHABILITATION COMMISSION

148

1. There shall be established an independent commission to be known as the Relief and Rehabilitation Commission.
2. The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by the President in accordance with the law.
3. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law.

CHAPTER VII. DEMOBILIZATION, DISARMAMENT AND RE-INTEGRATION COMMISSION

149

1. There shall be established an independent commission to be known as the Demobilization, Disarmament and Re-Integration Commission.
2. The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by the President in accordance with this Constitution and the law.
3. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law.

CHAPTER VIII. HIV/AIDS COMMISSION

150

1. There shall be established an independent commission to be known as the HIV/AIDS Commission.
2. The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by the President in accordance with the provisions of this Constitution and the law.
3. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law.