South Sudan 2011 Constitution (reviewed 2013)

PART ELEVEN. THE STATES, LOCAL GOVERNMENT AND TRADITIONAL AUTHORITY

CHAPTER I. STATES OF SOUTH SUDAN

162. General Provisions

1. The territory of South Sudan is composed of ten states governed on the basis of decentralization.
2. The constitutions of the states shall conform to this Constitution.
3. State boundaries shall not be altered except by a resolution of the Council of States approved by two-thirds of all members.
4. Names of states and their capital towns shall not be altered except by a resolution of the Council of States approved by a simple majority of all members on the recommendation of the relevant state Assembly.

163. State Organs

1. There shall be legislative and executive organs at each state level; they shall function in accordance with this Constitution and the relevant state constitution.
2. Each state shall have exclusive executive and legislative competences as set forth in Schedule B of this Constitution.
3. Each state shall have concurrent and residual executive and legislative competences as set forth in Schedules C and D, read together with Schedule E herein.
4. Each state government shall exercise such other powers as shall promote the welfare of the people of that state and to protect their human rights and fundamental freedoms as are provided for in this Constitution.
5. Each state shall organize, promote and empower the local government institutions in accordance with the provisions of this Constitution and its constitution and the law.
6. Elections to the local government institutions shall be organized and conducted by the National Elections Commission in accordance with the provisions of this Constitution and the law.
7. In fulfillment of the principle of affirmative action, women shall be allocated at least twenty-five per cent of the seats and positions in each legislative and each executive organ of each state, without prejudice to their right to compete for the remaining seats and positions in such organs.

164. State Legislative Assembly

1. The existing state legislatures shall be known as state Legislative Assemblies. They shall comprise of the current elected members.
2. Each state Legislative Assembly shall adopt a draft amended state constitution to become its state transitional constitution, provided that it shall be in conformity with this Constitution.
3. Each state Legislative Assembly shall have law-making competence in respect of the functional areas listed in Schedules B, C and D read together with Schedule E herein, and such other legislative competences as are conferred upon the state by this Constitution, the state constitution, and the law.
4. 1. A state Legislative Assembly may, in accordance with the state transitional constitution, pass a vote of no confidence in the Governor by three quarters majority of all its members;
   2. If the state Legislative Assembly passes a vote of no confidence as stated in paragraph (a) above, the President shall act upon such a vote in accordance with Article 101 (s) herein; and shall call a snap election;
   3. If the Governor who was subjected to the vote of no-confidence is re- elected, the state legislature shall be deemed to have been dissolved. A new state legislature shall be elected within sixty days to complete the tenure of the dissolved legislature; and
   4. A vote of no confidence in the Governor shall not be passed before he or she completes twelve months in office.
5. 1. The term of a State Legislative Assembly shall be five years; and
   2. Notwithstanding sub Article 5 (a) above, during the transitional period term of a State Legislative Assembly shall be four years from July 9, 2011.
6. Governors, members of state Legislative Assemblies and the state councils of ministers shall have such immunities as are provided by law.
7. Each state Legislative Assembly shall make its own Conduct of Business Regulations, establish its committees and elect its speaker and other officers.

165. State Executive

1. There shall be a governor for each state elected by the residents of that state in compliance with the requirements prescribed by the National Elections Commission and in accordance with this Constitution and the relevant state constitution.
2. The Governor of each state shall be the head of the executive organ in the state and shall appoint and relieve the Deputy Governor, state Advisors, and state Ministers in consultation with the President and in accordance with the state constitution.
3. The Deputy Governor may assume the portfolio of a Minister other than the Minister of Finance, and shall act as Governor in the absence of the Governor.
4. State Ministers shall be individually and collectively answerable to the Governor and the state Legislative Assembly in the performance of their functions.
5. A state Minister may be removed by the Governor; or on a motion supported by two-thirds of all the members of the state Legislative Assembly.
6. The state executive shall exercise the executive competences of the state in respect of the functional areas in Schedules B, C and D read together with Schedule E, as conferred by this Constitution and the state constitution and such other executive powers as may be prescribed by law.

CHAPTER II. LOCAL GOVERNMENT

166. Local Government

1. Pursuant to Article 47 (c) of this Constitution and the state constitutions, the states shall enact laws for the establishment of a system of local government based on urban and rural councils for which they shall provide structures, composition, finance and functions.
2. Without prejudice to the provisions of sub-Article (1) above and for the purposes of the initial establishment of a local government system, and in order to set common standards and criteria for the organization of local government, the National Government shall enact the necessary legislation.
3. The President shall establish a Local Government Board under his or her office to review the local government system and recommend the necessary policy guidelines and action in accordance with the decentralization policy enshrined in this Constitution.
4. Without prejudice to the existing forms of the local government structures, local government councils shall be established by law taking into account but not limited to the following criteria:
   1. size of territory;
   2. population;
   3. economic viability;
   4. common interest of the communities; and
   5. administrative convenience and effectiveness.
5. Local government tiers shall consist of County, Payam and Boma in the rural areas, and of city, municipal and town councils in the urban areas.
6. The objects of local government shall be to:
   1. promote self-governance and enhance the participation of people and communities in maintaining law and order and promoting democratic, transparent and accountable local government;
   2. establish the local government institutions as close as possible to the people;
   3. encourage the involvement of communities and community based organisations in the matters of local government, and promote dialogue among them on matters of local interest;
   4. promote and facilitate civic education;
   5. promote social and economic development;
   6. promote self-reliance amongst the people through mobilisation of local resources to ensure the provision of health and educational services to communities in a sustainable manner;
   7. promote peace, reconciliation and peaceful coexistence among the various communities;
   8. ensure gender mainstreaming in local government;
   9. acknowledge and incorporate the role of Traditional Authority and customary law in the local government system;
   10. involve communities in decisions relating to the exploitation of natural resources in their areas and promote a safe and healthy environment; and
   11. promote and support the training of local cadres.
7. Local governments shall have powers to levy, charge, collect and appropriate fees and taxes in accordance with the law.
8. The National Government may pay grants-in-aid to states in support of their budgetary deficits and that of local government councils.

167. Traditional Authority

1. The institution, status and role of Traditional Authority, according to customary law, are recognised under this Constitution.
2. Traditional Authority shall function in accordance with this Constitution, the state constitutions and the law.
3. The courts shall apply customary law subject to this Constitution and the law.

168. Role of Traditional Authority

1. Legislation of the states shall provide for the role of Traditional Authority as an institution at the local government level on matters affecting local communities.
2. Legislation at the National and state levels shall provide for the establishment, composition, functions and duties of councils for Traditional Authority leaders.