South Sudan 2011 Constitution (reviewed 2013) - Page 7 of 21

Table of Contents

PART SIX. THE NATIONAL EXECUTIVE

CHAPTER I. ESTABLISHMENT, COMPOSITION AND POWERS

95. Establishment and Composition of the Executive

There shall be established in the Republic of South Sudan a National Executive consisting of the President, Vice President, Ministers, and Deputy Ministers.

96. Powers and Competences of the Executive

The Executive shall exercise the executive powers on all matters as set forth in Schedules A, C and D read together with Schedule E of this Constitution and any other competence conferred upon it by this Constitution and the law.

CHAPTER II. THE PRESIDENT OF THE REPUBLIC

97. The President

There shall be a President for the Republic of South Sudan who shall be directly elected by the people of South Sudan in general elections according to this Constitution and the provisions set forth by the National Elections Commission in accordance with the electoral law.
Notwithstanding Article (1) above, the incumbent elected President of the Government of Southern Sudan shall be the President of the Republic of South Sudan.
The President of the Republic of South Sudan is the head of State and Government, the Commander-in-Chief of the Sudan People’s Liberation Army and the Supreme Commander of all the other regular forces. He or she represents the will of the people, and shall exercise the powers vested in the office of the President by this Constitution.
Pending a final solution on its status Abyei Area, the territory of the nine Ngok Dinka chiefdoms transferred from Bahr el Ghazal Province to Kordofan Province in 1905 as defined by the Abyei Arbitration Tribunal Award of July 2009, is accorded a special administrative status under the Office of the President of the Republic of South Sudan:
1. The members of the nine Ngok Dinka Chiefdoms of Abyei Area shall have an inalienable right to enjoy South Sudanese citizenship and nationality and all rights and freedoms guaranteed by this constitution.
2. Without prejudice to any alternative solution that may be agreed upon by the two governments of South Sudan and of the Sudan on the final status of Abyei Area and in accordance with the provisions of the Abyei Protocol 2005, the members of the nine Ngok Dinka Chiefdoms and other Sudanese residing in Abyei Area, shall vote in a referendum, which shall present them with the following choices:
  1. That Abyei Area enjoys special administrative status in the Republic of Sudan; or
  2. That Abyei Area be part of the Republic of South Sudan.
3. The security arrangements in Abyei Area shall be in accordance with the provisions of the Abyei protocol, 2005 or in accordance with any alternative arrangements agreed upon by the two governments of South Sudan and of Sudan.

98. Eligibility for the Office of the President

A candidate for the office of the President shall:

be a South Sudanese by birth;
be of sound mind;
be at least forty years of age;
be literate; and
not have been convicted of an offence involving honesty or moral turpitude.

99. Oath of the President

The President of the Republic of South Sudan shall, before assuming office, take the following oath before the public:

“I……….…………., do hereby swear by the Almighty God /solemnly affirm, that as the President of the Republic of South Sudan, I shall be faithful and bear true allegiance to the Republic of South Sudan and shall diligently and honestly discharge my duties and responsibilities in a consultative manner to foster the development and welfare of the people of South Sudan; that I shall obey, preserve and defend the Constitution and abide by the law; and that I shall protect and promote the unity of the people of South Sudan and consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of South Sudan; so help me God/ God is my witness.”

100. Tenure of the Office of the President

the tenure of the office of the President of the Republic of South Sudan shall be five years.
Notwithstanding Article (1) above, during the transitional/ period the tenure of the office of the President of the Republic of South Sudan shall be four years from July 9, 2011.

101. Functions of the President

The President shall perform the following functions:

preserve the security of South Sudan and protect its territorial integrity;
supervise constitutional and executive institutions and provide exemplary leadership in public affairs;
appoint constitutional and judicial post holders in accordance with this Constitution and the law;
preside over the National Council of Ministers;
declare and terminate a state of emergency in accordance with the provisions of this Constitution and the law;
initiate constitutional amendments and legislation and assent to and sign into law bills passed by the National Legislature;
convene, summon, adjourn or prorogue the National Legislature in consultation with the Speaker;
confirm death sentences, grant pardons, and remit convictions or penalties according to this Constitution and the law;
appoint Presidential Advisors;
appoint ad hoc commissions and committees;
establish independent institutions and commissions;
confer honours;
generally represent the Government and the people of South Sudan;
declare war in accordance with this Constitution and the law;
represent the State in its foreign relations, appoint ambassadors of the State and accept credentials of foreign ambassadors;
direct and supervise foreign policy and ratify treaties and international agreements with the approval of the National Legislative Assembly;
seek the opinion of the Supreme Court on any matter in connection with this Constitution;
remove a state Governor and/or dissolve a state Legislative Assembly in the event of a crisis in the state that threatens national security and territorial integrity;
appoint a state care-taker Governor who shall prepare for elections within sixty days in the state where the Governor has been removed or the state Legislative Assembly so dissolved in accordance with the provisions of this Constitution, the relevant state constitution and the law;
present annual address on the state of the nation; and
perform any other function as may be prescribed by law.

102. Vacancy of Office of the President

The office of the President shall fall vacant in any of the following cases:
1. expiration of the term of office;
2. resignation in a public address to the people through the National Legislative Assembly;
3. impeachment in accordance with the provisions of this Constitution;
4. mental infirmity or physical incapacity based on an official medical report submitted by the Medical Commission to the Assembly for information; or
5. death.
If the office of the President of the Republic falls vacant, the post shall be assumed by the Vice President pending elections that shall be conducted by the National Elections Commission within sixty days from the date of occurrence of the vacancy.

103. Immunity and Impeachment of the President

The President shall be immune from any legal proceedings and shall not be charged or sued in any court of law during his or her tenure of Office.
Notwithstanding sub-Article (1) above, in case of high treason, gross violation of this Constitution or gross misconduct in relation to National affairs, the President may be charged before the Supreme Court upon a resolution passed by a two-thirds majority of all the members of the Assembly.
The President of the Supreme Court shall, within seven days after receipt of the impeachment notice referred to under sub-Article (2) above, constitute a tribunal comprising three Justices of the Supreme Court, to evaluate the allegation in the notice and to report its findings to the constitutional panel of the Supreme Court.
The President shall be entitled to appear at the proceedings of the tribunal and to be represented by a lawyer or other expert or any other person of his or her choice.
If the constitutional panel convicts the President, it shall communicate its final verdict to the Assembly, and he or she shall be deemed to have forfeited the office.
If the notice for the removal of the President is on the grounds of mental infirmity or physical incapacity, it shall be based on a report submitted to the Assembly by a medical board consisting of five qualified and eminent specialists from the Medical Commission in respect of the alleged infirmity or incapacity.
The President shall submit himself or herself to the medical board for necessary examination as required.
If the medical board determines that the President, by reason of mental infirmity or physical incapacity is unable to perform the functions of the office of the President, it shall communicate its findings to the Assembly for information, and he or she shall be deemed to have forfeited the office.

104. Appointment and Removal of the Vice President

The Vice President shall be appointed by the President subject to approval by a two-thirds majority of all members of the National Legislative Assembly.
The Vice President may be removed by the President or by a decision passed by two-thirds majority of all members of the National Legislative Assembly. If the post of the Vice President falls vacant for any reason, the President shall appoint a replacement.
The Vice President shall fulfill the conditions of eligibility for the office of the President as prescribed by this Constitution.
To assume office, the Vice President shall take, before the President, the same oath taken by the President as prescribed by this Constitution.

105. Functions of the Vice President

The Vice President shall perform the following functions:

act for the President in his or her absence from the country;
be a member of the Council of Ministers;
be a member of the Security Council; and
perform any other function or duty that may be assigned to him or her by the President.

106. Vacancy of Office of the Vice President

The office of the Vice President shall fall vacant in any of the following cases:

relief from office in accordance with the provisions of Article 104 (2) herein;
acceptance of his or her written resignation by the President;
mental infirmity or physical incapacity based on an official medical report submitted by the Medical Commission to the Assembly for information; or
death.

107. Presidential Advisors

The President may appoint a limited number of Presidential Advisors and shall define their functions.
To assume office, a Presidential Advisor shall, before the President, take the following oath:“I……….…………., do hereby swear by the Almighty God /solemnly affirm/, that as a Presidential Advisor, I shall be faithful and bear true faith and allegiance to South Sudan and shall diligently and honestly discharge my duties and responsibilities and strive to foster the development and welfare of its people; that I shall obey, preserve and defend the Constitution and abide by the law; and that I shall protect and promote the unity of the people of South Sudan and consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of South Sudan; so help me God/ God is my witness.”

CHAPTER III. THE NATIONAL COUNCIL OF MINISTERS

108. Establishment and Composition of the Council of Ministers

There shall be established a National Council of Ministers.
The National Council of Ministers shall compose of the President, the Vice President and Ministers.
The President shall ensure that at least twenty-five percent of members of the Council of Ministers are women.

109. Competences of the Council of Ministers

The National Council of Ministers shall be the highest executive authority in the Republic.
Without prejudice to the powers conferred upon the President by this Constitution, decisions of the Council of Ministers shall prevail over all other executive decisions. Such decisions shall be adopted by consensus or simple majority.
Membership of the National Council of Ministers shall not be combined with membership of a state Executive or Legislature.

110. Functions of the Council of Ministers

The National Council of Ministers shall have the following functions:

general planning and administration of South Sudan;
approval of the general policies initiated by the respective ministries;
overseeing, receiving and discussing reports about the executive and administrative performance of ministries;
initiating, negotiating and concluding international, regional, bilateral, and multilateral agreements;
receiving reports from Governors about executive performance of states for information and coordination with the respective states;
receiving reports on matters that are concurrent or residual and deciding whether it is competent to exercise such power in accordance with Schedules C and D read together with Schedule E herein. If it so decides, it shall notify the respective state of its intention to exercise such power. In case a state objects thereto, a committee shall be set up by the two levels concerned to amicably resolve the matter before resorting to the Supreme Court;
acting as a link between the National Government and the states;
providing reports upon the request of the National Legislative Assembly;
formulating internal rules, procedures and regulations for the conduct of its business;
mobilizing the public to achieve the objectives of government policy and promote public life;
implementing legislation and resolutions of the National Legislature;
formulating and implementing government policies;
coordinating the functions and reviewing the performance of the ministries, departments and administrations of the National Government;
initiating national legislative bills and national budgets;
reviewing, annually, the performance of the decentralized system of governance in the Republic of South Sudan; and
performing any other executive function provided for in this Constitution or the law.

111. Confidentiality of Deliberations of the Council of Ministers

Deliberations of the National Council of Ministers shall be confidential; no Minister shall disclose, communicate or reveal such deliberations save by permission of the Council of Ministers.

112. Appointment and Removal of Ministers

Ministers of the National Government shall be appointed and removed from office by the President.
Appointment of the Ministers of the National Government shall be approved by a resolution of the National Legislative Assembly adopted by a simple majority vote of all members.
Ministers of the National Government shall be selected with due regard to the need for inclusiveness based on integrity, competence, ethnic and regional diversity and gender.

113. Oath of a Minister

To assume office, a national Minister shall, before the President, take the same oath of a Presidential Advisor as prescribed in Article 107 (2) of this Constitution.

114. Functions of a Minister

A Minister in the National Government shall be the head of his or her ministry and his or her decisions shall prevail therein. However, the National Council of Ministers may review, amend or cancel such decisions; the President may suspend the decision of a Minister pending such review or cancellation.
National Ministers shall:
1. collaborate and establish good working relations with corresponding Ministers at state level in fulfillment of their respective constitutional obligations;
2. perform any public or political role and provide leadership in public affairs to achieve the policy objectives of the National Government; and
3. perform or exercise any other function or powers assigned by law or delegation.

115. Collective and Individual Responsibility of Ministers

A Minister of the National Government shall be individually answerable to the President, the National Council of Ministers and the National Legislative Assembly for the performance of his or her ministry.
The National Council of Ministers shall be collectively answerable to the President and the National Legislative Assembly in the performance of its functions.
Ministers of the National Government shall be bound by decisions of the Council of Ministers.

116. Contesting Ministerial Acts

Any person aggrieved by an act of the National Council of Ministers or a National Minister may contest such act before:

the Supreme Court, if the alleged act involves a violation of this Constitution; or
any other court of law or competent authority if the allegation is based on other legal grounds.

117. Appointment, Removal and Functions of Deputy Ministers

The President may appoint and remove Deputy Ministers.
The National Legislative Assembly shall approve the appointment of the Deputy Ministers by a simple majority of the members present and voting.
The Deputy Ministers shall assist the national Ministers in the performance of their functions and duties and shall act in their absence.
To assume office, a Deputy Minister shall, before the President, take the same oath of a Presidential Advisor as prescribed in Article 108 (2) of this Constitution.

118. Vote of No Confidence Against a Minister

The National Legislative Assembly may, by a resolution supported by a two- thirds majority of all its members pass a vote of no confidence against a Minister.
Upon a vote of no confidence being passed against a Minister, he or she shall resign or be removed from office by the President.
Proceedings for a vote of no confidence against a Minister shall be regulated by the Conduct of Business Regulations of the Assembly.

119. Vacancy of the Office of a Minister or Deputy Minister

The office of a Minister or Deputy Minister of the National Government shall fall vacant in any of the following cases:

acceptance of a written resignation by the President;
removal from office by the President;
removal from office by the President on the ground of mental infirmity or physical incapacity based on an official Medical Commission report;
in the case of a Minister, resolution of the National Legislative Assembly, as set forth in Article 119 (2) of this Constitution; or
death.

120. Declaration of Wealth and Prohibition of Private Business

All executive and legislative constitutional office holders, Justices, and senior Civil Service officials at all levels of government shall, upon assumption of their offices, make confidential declaration of their assets and liabilities including those of their spouses and children in accordance with the law.
The President, Vice President, Presidential Advisors, Ministers, and Deputy Ministers of the National Government, Governors, state Advisors, state Ministers, and other constitutional office holders shall, during their tenure of office, neither practice any private profession, transact commercial business, nor receive remuneration or accept employment of any kind from any source other than the National Government or a state government as the case may be.

121. Emoluments and Remuneration

The President and Vice President, Presidential Advisors, Ministers, and Deputy Ministers of the National Government, Governors, state Advisors, state Ministers and other constitutional office holders shall be paid such emoluments and other remuneration and, on leaving office, receive such benefits as shall be regulated by law.