South Sudan 2011 Constitution (reviewed 2013) - Page 6 of 21

Table of Contents

PART FIVE. THE NATIONAL LEGISLATURE

CHAPTER I. ESTABLISHMENT, COMPOSITION AND FUNCTIONS

54. Establishment and Composition of the National Legislature

There shall be established a National Legislature composed of the following:
1. the National Legislative Assembly; and
2. the Council of States.
The National Legislature shall conduct its business as prescribed in this Constitution in joint sittings of the two legislative Houses, chaired by the Speaker of the National Legislative Assembly and deputized by the Speaker of the Council of States.
Vote count shall be separate for each House and governed by the quorum specified in this Constitution.
Each House shall sit separately to conduct its business as prescribed in this Constitution.
The National Legislature, as well as each of its Houses, shall make its own Conduct of Business Regulations.

55. Competences of the National Legislature

The National Legislature represents the will of the people of South Sudan and shall foster unity and nationhood, exercise legislative functions, oversee the Executive, and promote the decentralized system of government.
The legislative competences of the National Government shall vest in the National Legislature in respect of all matters assigned to it in Schedules A, C and D read together with Schedule E herein.
Without prejudice to the generality of sub-Article (1) above, the National Legislature shall be competent to:
1. consider and pass amendments to this Constitution;
2. enact legislation on all matters assigned to it by this Constitution;
3. discuss statements by the President and take decisions as may be necessary;
4. authorize annual allocation of resources and revenue, in accordance with Article 87 of this Constitution;
5. reconsider a bill which has been rejected by the President under Article 85 (2) herein;
6. impeach the President and the Vice President;
7. approve a declaration of war;
8. confirm a declaration of a state of emergency or termination thereof; and
9. perform any other function determined by this Constitution or the law.
The National Legislature shall exercise its legislative powers through bills in accordance with this Constitution.

56. Composition of the National Legislative Assembly

1. Members of the National Legislative Assembly shall be elected through universal adult suffrage in free and fair elections and by secret ballot; and
2. The National Elections Law shall determine the number of members and composition of the National Assembly.
Notwithstanding the provisions of Article (1) above, during the transitional period the National Assembly shall consist of:
1. all members of the Southern Sudan Legislative Assembly;
2. all ninety six South Sudanese who were members of the National Assembly of the Republic of Sudan, by virtue of their membership in that Assembly; and
3. such additional number of members appointed by the President not exceeding sixty-six (66).
Members of the Council of Ministers who are not members of the National Legislative Assembly shall participate in the deliberations of the Assembly but shall not have the right to vote.

57. Powers and Functions of the National Legislative Assembly

The National Legislative Assembly shall exercise the following powers and functions:

oversee the performance of the National Government institutions;
approve plans, programmes and policies of the National Government;
approve budgets;
ratify international treaties, conventions and agreements;
adopt resolutions on matters of public concern;
summon Ministers to answer questions of members of the Assembly on matters related to their ministries;
interrogate Ministers about their performance or the performance of their ministries;
Vet and approve appointments as required by this Constitution or the law;
cast a vote of no confidence against any Minister.
enact legislation to regulate the conditions and terms of service of the Judiciary and its oversight mechanisms; and
perform any other function as determined by this Constitution or the law.

58. Composition of the Council of States

The Council of States shall consist of:

1. Members of the Council of States shall be elected through their respective States Assemblies; and
2. The National Elections Law shall determine the number of members of the Council of States.
Notwithstanding the provisions of Article (1) above, during the transitional period, the Council of States shall consist of:
1. all South Sudanese who were representatives in the Council of States of the Republic of Sudan, by virtue of their membership in that Council; and
2. thirty (30) members appointed by the President.

59. Competences of the Council of States

The Council of States shall be competent to:

initiate legislation on the decentralized system of government and other issues of interest to the states and pass such legislation with two-thirds majority of all representatives;
issue resolutions and directives that may guide all levels of government in accordance with the provisions of Articles 47, 48 and 49 of this Constitution;
oversee national reconstruction, development and equitable service delivery in the states;
monitor the repatriation, relief, resettlement, rehabilitation, reintegration of returnees and internally displaced persons, and reconstruction of disaster and conflict affected areas;
request statements from Governors and national Ministers concerned regarding effective implementation of the decentralized system and devolution of powers and any other issues related to the states;
legislate for the promotion of a culture of peace, reconciliation and communal harmony among all the people of the states;
approve changes in state names, capital towns and boundaries; and
perform any other function as determined by this Constitution or the law.

60. Rules of the National Legislature

While sitting separately to transact business that falls within its competences, each House shall observe the following rules:

any bill on a matter falling within the competences of either House, shall be tabled in that House;
any bill passed by the National Legislative Assembly shall be referred to a standing Inter-House Committee for scrutiny and decision on whether it affects the interests of the states. If the Committee decides that the bill affects the interest of the states, the bill shall be referred to the Council of States for consideration;
in case the Council of States introduces any amendments in the referred bill, by a two-thirds majority of the representatives or passes it as it is, the bill shall be sent to the President of the Republic for his or her assent without being returned to the National Legislative Assembly; and
no House shall discuss any business of which the other House is seized, until it is finally referred to it.

61. Seat of the National Legislature

The National Legislature and each of its two Houses shall convene its sessions at its seat in the National Capital, Juba.
Notwithstanding sub-Article (1) above, the two Speakers may convene a sitting of the National Legislature elsewhere inside South Sudan.
Notwithstanding sub-Article (1) above, the Speaker may call the National Legislative Assembly to convene in any other location in South Sudan.
Notwithstanding sub-Article (1) above, the Speaker of the Council of States may call the Council of States to convene in any other location in South Sudan.

62. Eligibility for Membership

A candidate for membership of the National Legislature shall:
1. be a South Sudanese;
2. be at least twenty-one years of age;
3. be of sound mind;
4. be literate; and
5. not have been convicted during the last seven years of an offence involving honesty or moral turpitude.
Members of the National Legislature and the Council of Ministers shall not be eligible for membership of state legislatures or state councils of ministers while occupying the aforementioned positions.
Membership of the National Legislative Assembly shall not be combined with membership in the Council of States.
Membership in the Council of States shall not be combined with membership in the Council of Ministers.

63. Loss of Membership of the National Legislature

Membership of the National Legislative Assembly or the Council of States shall be lost in any of the following cases:
1. mental infirmity or physical incapacity;
2. conviction for an offence involving honesty or moral turpitude;
3. adjudged or declared bankrupt by a competent court;
4. absence from a number of sittings without permission or acceptable reasons, as shall be determined by the Conduct of Business Regulations of each House;
5. resignation, in writing, to the appropriate House;
6. change of political affiliation or party on whose ticket he or she was elected to the National Legislative Assembly;
7. assumption of any constitutional office in a state or local government level; or
8. death.
Upon vacation of the seat of a member of the National Legislative Assembly or the Council of States his or her seat shall be filled in accordance with the provisions of Article 64 herein.

64. By-elections

When a vacancy occurs in respect of any seat in the National Legislative Assembly or the Council of States, the Speaker of the appropriate House shall, in writing, notify the National Elections Commission within ten days from the occurrence of that vacancy.
A by-election to fill the vacancy shall be held by the National Elections Commission within sixty days following occurrence of the vacancy.
No by-election to fill a vacancy shall be held within the three months prior to the next general elections.

65. Oath of a Member of the National Legislature

To assume his or her functions, every member of the National Legislative Assembly or the Council of States shall take the following oath before the appropriate House:

“I………….…….., as a Member of the National Legislative Assembly/Council of States, do hereby swear by Almighty God /solemnly affirm/ that I will bear true faith and allegiance to the Republic of South Sudan and its people; that I will obey and respect the Constitution and abide by the law; and that I will faithfully and conscientiously discharge my duties and responsibilities as a member of the National Legislative Assembly/Council of States and serve the people of the Republic of South Sudan to the best of my ability, so help me God/ God is my witness.”

66. Term of the National Legislature

The term of the National Legislature shall be five years.
Notwithstanding Article (1) above, the term of the current National Legislature shall be four years from July 9, 2011.

67. Immunity of Members of the National Legislature

No criminal proceedings shall be initiated against a member of the National Legislative Assembly or the Council of States; nor shall any measure be taken against his or her person or belongings without permission from the Speaker of the appropriate House, except where he or she is caught committing an offence for which the police may arrest without warrant.
In case a member is charged with a serious crime, the appropriate House may waive the immunity of the member concerned.

68. Sessions of the National Legislature

The National Legislature shall hold its first sitting upon convocation by the President within thirty (30) days following the transformation of the Southern Sudan Legislative Assembly into the National Legislative Assembly and the establishment of the Council of States in accordance with provisions of Article 56 (2) and 58 herein.
1. The sittings of the National Legislative Assembly shall be chaired by the incumbent Speaker of the transformed Southern Sudan Legislative Assembly.
2. The first sitting of the Council of States shall be chaired by the eldest of the members present and elect its Speaker and Deputy Speaker among its members.
Without prejudice to Article 101 (g) herein, each House shall determine the dates of commencement and closure of its sessions.
The National Legislature or each House may convene an emergency or extraordinary session on the request of half of its members or upon a call from the President.

69. Officers of the National Legislature

The National Legislative Assembly shall elect a Speaker and two Deputies from among its members at the first sitting.
The Council of States shall elect a Speaker and one Deputy from among its members at the first sitting.
The Speaker of each House shall preside over sittings of that House, control order and supervise the administrative affairs thereof. He or she shall represent the House in and outside South Sudan.
Each House shall elect chairpersons and deputy chairpersons of the specialized committees and members of ad hoc committees as may be determined by its Conduct of Business Regulations.
The Speaker of each House shall appoint a Clerk for the respective House in accordance with the Conduct of Business Regulations.
The Clerk of each House shall be responsible for preparing the sessions of the respective House and running of its administrative affairs under the supervision of the Speaker of that House.
Each House shall consider broad inclusiveness in the election and apportionment of its officers and staff.
1. Notwithstanding the provision of Article 69 above, the present administration of the Southern Sudan Legislative Assembly shall continue during the Transitional period in accordance with Article 94 (1).
2. The transformed National Legislative Assembly shall create vacancies for the members joining it as will be determined by its Conduct of Business Regulations 2010.
The Council of States shall elect its officers in accordance with its Conduct of Business Regulations during the transitional period.

70. Emoluments of Members of the National Legislature

Members of the National Legislature shall be paid emoluments and provided with facilities as determined by law.
A member of the National Legislature, other than the Speakers, Deputies, Minority Leaders, Chairpersons and Deputy Chairpersons of the specialized committees, and Chief Whips, may hold any other office in the private sector, with remuneration or engage in any profit making business; provided that such office or business does not compromise his or her duty as a member.

71. Minority Leaders

The political party holding the second highest number of seats in each House shall elect from among its members the Minority Leader of the respective House.
In relation to the conduct of business of each House, the Minority Leader shall:
1. rank fourth in protocol after the President, the Vice President and the Speaker, in that order within each House; and
2. have the right of second reply, after the Minister designated to lead Government Business in each House, to an address to the House by the President.
The Conduct of Business Regulations of each House shall provide for the effective participation of the Minority Leaders in their respective Houses.

72. Committees of the National Legislature

Each House shall have standing specialized committees and may establish ad hoc committees for the efficient discharge of its functions.
The functions of the standing and ad hoc committees of each House shall be determined by its Conduct of Business Regulations.
The two Houses may form inter-House standing or ad hoc committees for specific matters that are of concern to the two Houses.
There shall be established a Parliamentary Service Commission, the structures, composition, powers and functions, duties, and terms of service shall be determined by law.

73. Regulations of the National Legislature

Each House of the National Legislature shall make regulations for the conduct of its business.
The Speaker of each House shall ensure that the Conduct of Business Regulations of the House are respected and enforced.
The National Legislature shall make regulations for the conduct of its business.

74. Quorum

The quorum for ordinary sittings of the National Legislative Assembly shall be more than half of the members. The Conduct of Business Regulations may provide for a reduced quorum that may not apply for the final presentation of bills.
Except as otherwise provided for in this Constitution, the decisions of the National Legislative Assembly shall be by majority of votes of the members present and voting. If the votes are equally divided, the Speaker or any person presiding, shall have no casting vote and the motion shall be deemed to have been lost.
The quorum for the sittings of the Council of States shall be more than half of its representatives.

75. Publicity of Sittings of the National Legislature

The sittings of the National Legislature or either of its two Houses shall be open to the public; its proceedings shall be published and may also be broadcast. However, the National Legislature or either House may decide according to its Conduct of Business Regulations that certain deliberations take place in camera.

76. Passing Legislative Resolutions

Resolutions of the National Legislature or either of its two Houses shall, whenever possible, be taken by unanimity or consensus. Alternatively, resolutions shall be passed by simple majority of those present and voting, save in cases where this Constitution provides otherwise.

77. Privileges of Members of the National Legislature

Members of the National Legislature or either of its two Houses shall freely and responsibly express their opinions, subject only to the provisions of the regulations of the appropriate House. No legal proceedings shall be initiated against any member, nor shall he or she be held accountable before any court of law merely by reason of views or opinions that he or she might have expressed in the course of performing his or her duties.

78. Address by the President

The President may personally or by a message, address the National Legislature or either of its two Houses. The National Legislature or either of its two Houses shall accord priority to such request over any other business. The President may also request the opinion of the National Legislature or either of its two Houses on any subject matter.

79. Address by the Vice President and Statements by Ministers and Governors

The Vice President may request to address the National Legislative Assembly or the Council of States. The concerned House shall provide an opportunity for hearing such address as promptly as possible.
A Minister of the National Government may request to deliver a statement before the National Legislative Assembly or the Council of States.
The National Legislative Assembly or the Council of States may summon a Governor of a state to make a statement before it on any important matter concerning his or her state for information or explanation.
A Governor may request to make a statement before the Council of States.

80. Questions Addressed to Ministers by Members of the National Legislature

Members of the National Legislative Assembly or the Council of States may, in either House, within the competences of the concerned House and subject to its Conduct of Business Regulations, address questions to a Minister of the National Government on any subject relating to his or her duties; the said Minister shall provide the appropriate House with a prompt reply.

81. Request of Statements

The National Legislative Assembly or the Council of States may request a Minister of the National Government to deliver before it a statement on any matter of public concern.

82. General Summons

The National Legislative Assembly or any of its committees may summon any public official or any person within South Sudan, other than the President, to testify or give opinion before it.
Inquiry on any matter that falls within the direct responsibility of the National Government may only be made after notifying the President.
Any person who refuses to appear before the National Legislative Assembly or any of its committees or refuses to produce any document as required under sub-Article (1) above commits an offence punishable by law.

83. Tabling of Bills

The President or the Council of Ministers may cause a bill to be presented by a Minister before the National Legislative Assembly or the Council of States subject to their respective competences.
A member of the National Legislature may table a private member bill before the House to which he or she belongs on a matter that falls within the competences of that House.
The Inter-House Committee of the National Legislature may present a bill before either House of the National Legislature subject to their respective competences.

84. Procedures for Presentation and Consideration of Bills

Bills presented to either House of the National Legislature shall be submitted for the first reading by being cited by title. The bill shall then be submitted for a second reading for general deliberation and approval in principle. If the bill is passed in the second reading, there shall be a third reading for deliberation in detail and introduction of, and decision upon, any amendment. The bill shall then be submitted in its final form for the final reading, at which stage the text of the bill shall not be subject to further discussion and shall be passed section by section and then passed as a whole.
After the first reading, the Speaker of the House concerned shall refer the bill to the appropriate committee, which shall make a general evaluation report for the purpose of the second reading. The committee shall also present a report on the amendments that the committee might or might not have endorsed in the second reading for the decision in the third reading; the Speaker of the concerned House may also refer the bill once again to the appropriate committee to prepare a report in a final draft in preparation for the final reading.
The Speaker of the concerned House or the appropriate committee may seek expert opinion on the viability and rationale of the bill; an interested body may also be invited to present views on the impact and propriety of the bill.
The House concerned may, by a special resolution, decide on any bill as a general committee or by summary proceedings.

85. Assent of the President

Any bill approved by the National Legislature shall not become a law unless the President assents to it and signs it into law. If the President withholds assent for thirty days without giving reasons, the bill shall be deemed to have been so signed.
If the President withholds assent to the bill and give reasons within the aforementioned thirty days, the bill shall be re-introduced to the National Legislature to consider the observations of the President.
The bill shall become law if the National Legislature again passes it by a two- thirds majority of all members and representatives of the two Houses, and the assent of the President shall not be required for that bill to come into force.

86. Provisional Orders

In case the National Legislature is not in session, the President may, on an urgent matter, issue a provisional order having the force of law.
The provisional order shall be submitted to the appropriate House of the National Legislature as soon as it is convened.
Where the National Legislature ratifies the provisional order as it is, it shall be promulgated as law, but where the same is rejected by either House, or where the session ends without it being ratified, the provisional order shall lapse with no retrospective effect.
A bill on the same subject matter may again be re-introduced before the National Legislature and be considered under the normal procedure for consideration of bills.
Notwithstanding sub-Article (1) above, the President shall not make any provisional order on matters affecting the Bill of Rights, the decentralized system of government, general elections, annual allocation of resources and financial revenue, penal legislation or alteration of administrative boundaries of the states.
Any law which was repealed or amended pursuant to a provisional order that later lapsed, shall revive into force as it is, starting from the date when the provisional order lapsed.
The National Legislative Assembly may delegate to the President the power to approve bilateral international and regional agreements while the National Legislative Assembly is not in session; however, such agreements shall be subject to subsequent approval by the National Legislative Assembly and shall be deposited before it as soon as it is convened.

87. Bills Pertaining to Allocation of Resources and Revenues

The President shall cause to be presented to the National Legislative Assembly, before the beginning of the financial year, a bill for the allocation of resources and revenue in accordance with the provisions of this Constitution. The National Legislative Assembly shall convene to approve, modify or reject that bill.
The financial year shall be twelve months beginning from July 1st, and ending on June 30th the other year.

88. General Budget Proposal, Estimates and Related Bills

The President shall cause to be presented to the National Legislative Assembly before the beginning of the financial year, a bill on the general budget, including:
1. a general evaluation of the economic and financial performance and situation;
2. detailed estimates of proposed revenue and expenditure for the forthcoming year compared to those of the previous financial year;
3. a statement of the general budget, any reserve funds, transfers thereto or allocations therefrom; and
4. explanations of any special budgets or financial estimates, policies or measures to be taken by the National Government in the financial and economic affairs within the framework of the general budget.
The President shall cause to be submitted to the National Legislative Assembly proposals of total expenditure entered into the budget as an appropriation bill and proposals for taxes, fees and other levies as well as borrowing, investment or saving bonds as financial bills.
The National Legislative Assembly shall discuss, and may amend, reject or adopt the general budget bill chapter by chapter including schedules, and it shall thereafter pass the appropriation bill in its totality.
Where the bill is passed, detailed estimates as specified in the general budget shall not be exceeded save by a supplementary law.
Surplus funds over revenue estimates and funds out of the legal reserve shall not be spent save by a supplementary appropriation law.
After the passing of the budget, no funds shall be transferred from one chapter to another, nor shall any money be spent on an item that is not provided for in the budget without the approval of the National Legislative Assembly.
In the event that the National Legislative Assembly fails to pass the budget bill within a period of forty-five days, the President shall issue a presidential decree on the budget for that year, and such budget shall be deemed to have been passed by the National Legislative Assembly in accordance with the provisions of this Constitution.

89. Private Member Financial Bill

No member of the National Legislative Assembly, outside the context of the deliberations of the draft general budget, shall introduce any financial bill or move any amendment to a bill having the object or effect of abolishing, imposing or increasing any tax or imposing any charge upon the public revenue or reserves, save with the prior consent of the National Council of Ministers.
The Minister of Finance, on the authority of the Council of Ministers, shall issue a certificate that a proposed bill or an amendment has such object or effect and such certification shall be conclusive.
A bill or an amendment shall not be deemed to have such object or effect by reason that it includes provisions for the imposition of fines or other pecuniary penalties or the payment of fees for services rendered.

90. Provisional and Supplementary Financial Measures

Notwithstanding the provisions of Article 86 (5) herein, the President may in the public interest, make a presidential order having the force of law, providing that the imposition of any tax, or fee or the amendment thereof shall come into force, pending submission of a bill requiring the same to the National Legislative Assembly.
When that financial bill is adopted or rejected, the force of the presidential order shall cease without retrospective effect in relation to rejection for amendment of the bill.
Where the procedure of adopting the general budget and the appropriation bill is delayed beyond the beginning of the financial year, expenditure shall continue, pending adoption of the general budget, in accordance with the estimates approved for the previous year, as if the same has been appropriated by law for the new year.
Whenever new circumstances occur or a matter of public concern proves not to have been satisfactorily addressed by the general budget, the President may during the financial year cause to be submitted to the National Legislative Assembly, a financial bill, a supplementary appropriation or an allocation from the reserve funds, to which the same provisions set out in respect of the general budget bill shall apply.
Without prejudice to the provisions of Article 88 (3), (4) and (5) herein, the following expenditures shall be paid out of the consolidated reserve funds:
1. emoluments of the President;
2. expenses of the State House;
3. budget of the Judiciary;
4. National Government contractual financial obligations;
5. repayment of National Government external debts under any loan agreement;
6. payment of any money the National Government is required to pay under a court order arising out of any litigation or as a result of an arbitration award or any other settlement having similar legal effect; and
7. any other expenses as shall be regulated by law.

91. Final Accounts

The Minister of Finance shall presented to the National Legislative Assembly during the six months following the end of the financial year, the final accounts for all revenue and expenditure as are set forth in that year, as well as expenditure withdrawn from the reserve funds.
The Auditor General shall, in accordance with Article 186 (8) herein, present his or her report on such accounts to the National Legislative Assembly or the Council of States, as the case may be.

92. Delegation of Powers of Subsidiary Legislation

The National Legislature or either of its two Houses may, by law, delegate to the President, the Council of Ministers or any public body, the power to make any subsidiary regulations, rules, orders or any other subsidiary instrument having the force of law, provided that such subsidiary legislation shall be tabled before the concerned House and be subject to adoption or amendment by a resolution of that House in accordance with the provisions of its regulations.

93. Validity of the Proceedings of the National Legislature

No court or any other authority shall call into question the validity of any proceedings of the National Legislature or any of its two Houses on the basis of violation of its Conduct of Business Regulations. A certificate duly signed by the appropriate Speaker shall be deemed to be conclusive evidence of the validity of the said proceedings.

CHAPTER II. INTERIM PROVISIONS

94

The Southern Sudan Legislative Assembly shall adopt and pass the Transitional Constitution of the Republic of South Sudan, 2011, and it shall thereafter transform itself into South Sudan National Legislative Assembly.
The President shall appoint:
1. All the Ninety six South Sudanese who were elected from South Sudan to the National Assembly of the Republic of Sudan to become members of South Sudan National Legislative Assembly;
2. The President shall appoint such additional number of members not exceeding sixty-six.
The President shall appoint the representatives to the Council of States in accordance with the provisions of the Article 58 of this Constitution.
The sittings of the National Legislative Assembly shall be chaired by the incumbent Speaker of the transformed Southern Sudan Legislative Assembly.
The first sitting of the Council of States shall be chaired by the eldest of the members present and elect its Speaker and Deputy Speaker among its members.