REPUBLIC OF
SOUTH SUDAN
LOCAL GOVERNMENT BOARD
ORIENTATION COURSE FOR
LOCAL GOVERNMENT
ADMINISTRATIVE OFFICERS
Orientation Course for Local Government Administrative Officers ii
This publication was produced with support from the United States Agency for International
Development (USAID). It was prepared by Winrock International under Cooperative Agreement No.
650-A-00-09-00003-00, Building Responsibility for Delivery of Government Services (BRIDGE) Program.
Orientation Course for Local Government Administrative Officers iii
Contents
Introduction.........................................................................................................................5
Training Course Objectives........................................................................................................................................ 5
Module 1: HISTORICAL BACKGROUND.......................................................................6
Topic 1: The Comprehensive Peace Agreement................................................................................................. 7
Topic 2: Establishing the Government of Southern Sudan..............................................................................12
Module 2: THE GOVERNMENT OF THE REPUBLIC OF SOUTH SUDAN .............13
Topic 1: The Transitional Constitution of South Sudan (2011).......................................................................14
Topic 2: Decentralisation.........................................................................................................................................21
Topic 3: The Structure of the Government of the Republic of South Sudan.............................................27
Topic 4: Inter-governmental Relationships..........................................................................................................28
Module 3: LOCAL GOVERNMENT ................................................................................34
Topic 1: History of Local Government in South Sudan ...................................................................................35
Topic 2: Constitutional Provisions for Local Government .............................................................................39
Topic 3: Mandate, Powers and Functions of Local Government Councils in South Sudan.....................45
Topic 4: Conceptual Framework...........................................................................................................................50
Topic 5: Organization and Structure of Local Government ...........................................................................55
Topic 6: Role of Elected and Appointed Officers..............................................................................................61
Topic 7: Traditional Authorities and Local Government.................................................................................69
Module 4: LOCAL GOVERNMENT MANAGEMENT ..................................................73
Topic 1: Organization...............................................................................................................................................73
Topic 2: Role of a Manager.......................................................................................................................................80
Topic 3: Local Government Management Operations.....................................................................................85
Module 5: LOCAL GOVERNMENT FINANCE .............................................................96
Topic 1: Sources of Funds for Local Government..............................................................................................96
Topic 2: Budgeting ................................................................................................................................................... 102
Orientation Course for Local Government Administrative Officers iv
Topic 3: Financial Control...................................................................................................................................... 110
Topic 4: Participatory Planning and Budgeting................................................................................................. 130
Topic 5: Management of Financial Records...................................................................................................... 146
Module 6: LOCAL GOVERNMENT LEADERSHIP.....................................................149
Topic 2: Power and Leadership............................................................................................................................ 154
Topic 3: Leadership Styles...................................................................................................................................... 158
Module 7: DIVERSITY AND GENDER ISSUES...........................................................164
Topic 1: Diversity and Gender Issues................................................................................................................ 165
Orientation Course for Local Government Administrative Officers 5
Introduction
Training Course Objectives
1. To assist senior officials of Local Government to appreciate and comprehend the legal
instruments establishing and operationalizing Local Government in South Sudan.
2. To enable Local Government officials realise the importance of their role as frontline
practitioners in governance, development and service provision.
3. To inculcate in senior officials the need to develop an efficient, effective and sustainable system
of Local Government in South Sudan.
4. To develop the critical skills, raise awareness and improve the knowledge of identifying and
developing strategies to tackle community challenges.
5. To facilitate better understanding of the roles of all key players in Local Government, traditional
authorities and local communities, and the central role of senior Local Government officials in
facilitating and supporting their efforts.
6. To receive feedback on the modules and topics, thereby enabling the continued improvement of
training materials for the better training of Local Government officers in South Sudan.
Orientation Course for Local Government Administrative Officers 6
Module 1: HISTORICAL BACKGROUND
Topic 1: The Comprehensive Peace Agreement (CPA)
Topic 2: The Establishment of the Government of Southern Sudan
Objectives:
At the end of this training the administrative officers should be able to:
1. Explain the meaning and importance of the CPA to their constituencies;
2. Have a clear understanding of the key CPA features;
3. Have a clear understanding of the implications of the CPA;
4. Have clear reflection of CPA impacts on future development of South Sudan;
5. Understand the steps leading to the formation of the Republic of South Sudan.
Orientation Course for Local Government Administrative Officers 7
Topic 1: The Comprehensive Peace Agreement
Basically, three issues have influenced politics in the South Sudan, and by extension the greater Sudan:
1. The role of British imperialists and the impact of their favouritism towards the Arab elite in the
North and against the African Southerners;
2. The rise of Islamism in the country and its misuse by the Arab elite in the North to serve their
personal interests; and
3. The rise of strong liberation movements in the South; first by the Anya Nya Movement, then the
South Sudan Liberation Army (SSLA) and ultimately by the Sudan Peoples' Liberation
Movement/Army (SPLM/A).
The CPA ended the war between the Khartoum-based government under the National Congress Party
(NCP) led by President Omar al Bashir and the SPLM/A led by Dr. Garang to form a Government of
National Unity (GNU) for six years after which the future of both regions will be determined through a
national referendum on January 9, 2011. The CPA was the result of long negotiations between the
parties chaperoned by the international community through the Inter-Governmental Authority on
Development (IGAD).
The main provisions of the CPA are as follows:
a. Self-Determination. Signed at Kenyan town of Machakos in July 2002. The protocol provided
for the south to hold a referendum after a six-year transition period to determine secession.
During the transitional period, to start six months after the signing of the CPA, the south was to
be exempted from Islamic law.
b. Security Arrangements. Signed in September 2003. Government troops in Southern Sudan
and SPLM/A troops in Nuba Mountains and Southern Blue Nile will withdraw under
international monitoring. Command of the two forces will be assumed by a new Joint Integrated
Unit (JIU) made up of officers from both sides. Both the government army and the SPLA will
remain separate and shall be considered and treated equally as Sudan’s National Armed Forces
(SNAF), in the event that the Referendum results in a unified Sudan.
c. Wealth-Sharing. Signed in January 2004. It provided for wealth sharing mechanisms, including
the oil industry. Southern Sudan was to receive 50% of the revenue generated from the oil that
is extracted from the South.
d. Power-Sharing. Signed in May 2004. The SPLA/M and government of Sudan were to form a
Government of National Unity with a decentralized system of administration. SPLA was also to
set up a separate semi-autonomous administration in the south. SPLA leader Dr. John Garang
was to hold the post of first vice president in the national government and president of the
autonomous Government of Southern Sudan (GOSS). General elections at all levels of
government were to be held at the end of the third year. English and Arabic were to be the
official languages in the country and people from Southern Sudan were to make up 30% of the
country's post-conflict civil service.
Orientation Course for Local Government Administrative Officers 8
The sudden death of SPLM/A leader Dr. John Garang in a plane crash dampened the mood and
slackened the momentum towards the achievement of the dream of a "New Sudan" devoid of any shade
of marginalization and injustice. Being the Chairman of SPLM and Commander-in-Chief for SPLA, Dr.
Garang was both the image and soul of all hopes for liberty and justice over all of Sudan. Many people
saw his death as an abortion of the recently conceived peace accord hence the spontaneous and
concurrent riots that followed his death both in the north and south. However, the SPLA/M continued
their commitment to the CPA and chose Lt. General Salva Kiir Mayardit to take the place of Dr. John
Garang as Chairman of the SPLM, Vice President of the Sudan and the President of Southern Sudan. So
the integrity and implementation of the CPA was not interrupted and the following benchmarks were
completed, (even though with challenges):
1. The Pre-Interim Period (January 9, 2005 to July 8, 2005)
2. The Interim Period (July 9, 2005 to July 8, 2011)
3. Formation of the Government of Southern Sudan (July to December 2005)
4. The National Census (2008)
5. The National Election (2010)
6. The Referendum (January 9, 2011)
7. The Post Interim Period (January 9, 2011 to July 8, 2011)
8. Independence of the Republic of South Sudan (July 9, 2011)
Many political movements and armies operated in Southern Sudan prior to the signing of the CPA.
However, after the CPA, they all transformed into political parties and exercised their right, as provided
by the CPA, to either join the SPLM or to join the NCP. SPLM currently enjoys wider support and
membership. Some of the other parties include:
• National Congress Party (NCP)
• South Sudan Defence Force (SSDF)
• United Democratic Front (UDF)
• Union of Sudan African Parties 1 (USAP1)
• Union of Sudan African Parties 2 (USAP2)
• United Democratic Sudan Forum (UDSF)
Comprehensive Peace Agreement
Southern Sudan became a region of Sudan following the signing of the Comprehensive peace Agreement
in January, 2005 that ended a long-running civil war. The region is home to some 8 to 10 million people.
Southern Sudan was a semi autonomous region with its own complete government (its own legislative
assembly, executive and judiciary).
Following the signing of the Comprehensive Peace Agreement (CPA) in 2005 between the government
of Omar al-Bashir and the SPLA, a Government of National Unity was installed in Sudan in accordance
Orientation Course for Local Government Administrative Officers 9
with the Interim Constitution of the Sudan. In accordance with the Power Sharing Agreement, Omeral-Bashir was the President of the Sudan, supported by a First Vice President from the South and a
Second Vice President from the North. According to the Wealth Sharing Agreement the north and
south were to share oil revenues equally. The Security arrangements formed a Joint Integrated Unit
that tried to bring the two armies (SAF and SPLA) together, but also left both the north’s and south’s
armies in place.
The CPA between the Government of the Republic of the Sudan and the Sudan People’s Liberation
Movement/Sudan People’s Liberation Army (SPLM/A) was signed in Nairobi Kenya on 9th January 2005.
To show the seriousness with which the International community regarded this event, the signing was
witnessed by a wide cross-section of world representatives. These included:
1. The President of the Republic of Kenya, H.E. Mwai Kibaki
2. The President of the Republic of Uganda, H.E. Yoweri Museveni; and
Representatives for:
1. The Government of the Republic of Egypt
2. The Government of Italy
3. The Royal Kingdom of the Netherlands
4. The Royal Norwegian Government
5. The United Kingdom and Northern Ireland
6. The United States of America
7. The African Union
8. The European Union
9. IGAD Partners Forum (IPF)
10. League of Arab States
11. The United Nations
The signing of the CPA had been preceded by the signing of the Machakos Protocol, on July 20, 2002 at
Machakos in Kenya, whose agreement principles were as follows:
1. That the unity of Sudan, based on the free will of its people, democratic governance, accountability,
equality, respect and Justice for all citizens of the Sudan, is and shall be the priority of the parties and
that it is possible to redress the grievances of the people of South Sudan and to meet their
aspirations within such a framework.
2. That the people of the South Sudan have the right to control and govern affairs in their region and
participate equitably in the National Government.
3. That the people of South Sudan have the right to self determination, inter alia, through a
referendum, to determine their future status.
4. That religion, customs and tradition are a source of moral strength and inspiration for the people of
South Sudan.
Orientation Course for Local Government Administrative Officers 10
5. That the people of South Sudan share a common heritage and aspirations and accordingly agree to
work together to:
a. Establish a democratic system of governance, taking account of the cultural, ethnic, racial, religious
and linguistic diversity and gender equality of the people of the Sudan
b. Find a comprehensive solution that addresses the economic and social deterioration of the Sudan
and replaces war not just with peace, but also with social, political, and economic justice which
respects the fundamentals human, social, political and economic justice which respects the
fundamental human and political rights of all the Sudanese people
c. Negotiate and implement a comprehensive ceasefire to end the suffering and killing of the Sudanese
people
d. Formulate a repatriation, resettlement, rehabilitation, reconstruction and development plan to
address the needs of those areas affected by the war, and redress the historical imbalances of
development and resource allocation
e. Design and implement the CPA so as to make the unity of the Sudan an attractive option, especially
to the people of South Sudan
f. Undertake the challenge by finding a framework by which these common objectives can best be
realised and expressed for the benefit of all Sudanese.
Subsequently, the CPA was signed, as mentioned earlier and addressed wide ranging issues including:
1. Power Sharing
2. Wealth Sharing
3. The Resolution of the Abyei Conflict
4. The resolution of the conflict in the two states of the Southern Kordofan and Blue Nile
5. Security Arrangements
6. Permanent ceasefire and security.
The Arrangement spells out in detail the:
1. Principles of Administration and inter-Governmental linkages
2. Human Rights and Fundamental freedoms
3. Institutions at the National level
4. Government of National Unity
5. Other independent and or National institutions to be established in accordance with the peace
agreement
6. Constitutional Review process.
The agreement further describes in detail the nature and structure of the Government of South Sudan.
It then goes on to describe the institutions at the state level. In terms of wealth sharing the agreement
Orientation Course for Local Government Administrative Officers 11
has given a comprehensive list of the “Guiding Principles in Respect of an Equitable Sharing of Common
Wealth” and then goes on to discuss in detail the pertinent common wealth.
The agreement also discusses in detail the terms of the ceasefire as signed at Naivasha, Kenya on 31st
December 2004, which ideally ended the civil war that began in 1983 (but which stipulated that the
ceasefire would commence on the date of the signing of the Comprehensive Peace Agreement which
should be D-day).
The Agreement also outlines the process for demobilization, disarmament, re-integration and
reconciliation whose overriding objective is to contribute to creating an enabling environment for
human security and to support post-peace agreement social stabilization across the Sudan, particularly
war affected areas. The agreement then gives a comprehensive implementation matrix for the
resolutions.
There is no doubt that civil war, ethnic and religious differences and totalitarianism constitute a direct
threat to the future survival of many thousands, if not millions of southern people. Their primary
challenge is to apply inventiveness and ingenuity in making peace and in solving their economic, social,
and political problems. The primary resources for building South Sudan’s future lie within the historical,
cultural, and religious context of the people themselves.
Since 1994, the grassroots peace movement in South Sudan has gained international recognition and
assistance. Numerous local peace consultations have been effective in reconciling ethnic groups and in
beginning the process of economic and social recovery from the devastation of war.
As part of agreement ending the Second Sudanese Civil War, nine members of the SPLA and 16
members of the government were sworn in as Ministers on 22 September 2005, forming the first post
war government of national unity. The inauguration was delayed over arguments over who would get
various portfolios. The National Congress Party kept control of the key energy, defence, interior and
finance posts, while an SPLM appointee became foreign minister. The NCP refused to give the SPLM the
portfolio of Energy amongst other portfolio, as been agreed in the CPA.
Orientation Course for Local Government Administrative Officers 12
Topic 2: Establishing the Government of Southern Sudan
From July 2005 to December 2005 the SPLA/M set about the business of establishing a government to
preside over the region of Southern Sudan. This entailed writing and adopting a constitution, now
known as the Interim Constitution of Southern Sudan 2005 (ICSS). The ICSS provided for the formation
of a decentralised government with three levels. The National Government level (which became known
as the ROSS) based in Juba, the State level and the Local Government level (generally known as the
Counties). Each level was to have its own legislature, executive and judiciary.
The Interim Constitution of Southern Sudan is a very important document to understand for Local
Government administrative officers because it is the only document that reconciles the past of struggle
and the future of hope for the people of the new Republic of South Sudan. It is a document that one
can see the challenges that had to be reconciled and compromised in order the region to be able to
move towards independence. As important, the independent Republic of South Sudan constitution of
2011, known as the Transitional Constitution, is based on the Interim Constitution.
Therefore the process of drafting the Transitional Constitution really entailed editing the Interim
Constitution to incorporate the competences (functions and duties) that were being done by the
Government of National Unity in Khartoum during the Interim period. Some specific examples are
national defence, foreign affairs, international relations, border control, monetary policies and petroleum
management. It is important to note that the Transitional Constitution includes some amendments to
the Interim Constitution that are not necessarily related to the competences. For example in Article
101, the powers of the President have been expanded to include dismissal of a State Governor and state
legislative assembly in the event of a crisis in the state that threatens national security and territorial
integrity.
The Transitional Constitution is a temporary instrument to manage the time between the Interim
Constitution and the actual drafting and adoption of a Permanent Constitution for the new Republic of
South Sudan. The Transitional Constitution in Part Sixteen, Chapter II, describes a very clear process of
consultations and deliberation by all the people of South Sudan. It is envisaged that by the end of the
Transitional period (which has been pegged at four years) a Permanent Constitution will have been
completed and available.
Orientation Course for Local Government Administrative Officers 13
Module 2: THE GOVERNMENT OF THE REPUBLIC OF
SOUTH SUDAN
Topic 1: The Transitional Constitution of the Republic of South Sudan
Topic 2: Decentralisation
Topic 3: The structure of the government of the Republic of South Sudan
Topic 4: Inter-governmental relationships
Objectives
At the end of this training the administrative officers should be able to:
1. Clearly understand and articulate the structure, functions and duties of the Government of South
Sudan
2. Comprehend the policy of decentralisation as the chosen system of governance and what this means
for the functions and duties of Local Government
3. Understand functionally, the relationship between the three levels of government, particularly their
related functions and channels of communication
Orientation Course for Local Government Administrative Officers 14
Topic 1: The Transitional Constitution of South Sudan (2011)
Specific Objectives
By the end of this topic the Local Government Administrative Officer should be able to:
1. Explain the meaning and importance of a Constitution to a country
2. Explain the guiding principles and objectives of the Transitional Constitution of South Sudan
3. Discuss the provisions of the Transitional Constitution of South Sudan.
Content
1. Meaning and importance of a Constitution
2. Fundamental objectives of the Transitional Constitution e.g. Political, Economic and Social
3. Guiding principles of the Transitional Constitution
4. Provisions of the Transitional Constitution in terms of the Executive, Judiciary, and Legislative State
Governments and Local Governments.
Methodology
1. Group discussions
2. Lectures
3. Exercises
Resources
1. The Transitional Constitution
2. Module
3. Projection
4. Flipcharts
5. LCD
Orientation Course for Local Government Administrative Officers 15
Meaning and Importance of a Constitution
A Constitution is the supreme law of the land, which outlines the organs, instruments and powers of the
government. The nation and nationhood of South Sudan is defined by the Transitional Constitution of
South Sudan.
A Constitution is a document that sets forth the framework of a Government and its relationship to the
people it governs. It is the supreme law of the land which outlines the organs, instruments and powers
of the Government.
A Constitution allocates power between:
1. The people and their government
2. The state and national governments
3. The branches of government
4. When a Constitution is adopted or amended or when courts interpret the Constitution then
Constitutional law is made.
Fundamental objectives and guiding principles of the Transitional Constitution
The nation and nationhood of South Sudan is defined by the Transitional Constitution of South Sudan.
Part three of the Transitional Constitution outlines the fundamental objectives and guiding principles of
this Constitution: Accordingly Article 35 of the Constitution, states that all levels of government in
South Sudan and all their organs, institutions and citizens shall be guided by these objectives and
principles. The objectives and principles include:
1. Political Objectives
The stipulations of these objectives are outlined in Article 36 of the Transitional Constitution. Sub
article (i) therefore states “Governance in South Sudan shall promote democratic principles and political
pluralism and shall be guided by the principles of decentralization and devolution of power to the
people through the appropriate levels of government where they can best manage and direct affairs.”
The section then goes on to expound on the political responsibilities of all levels of government in South
Sudan and the relationship of the leaders with the people.
2. Economic Objectives
Article 37 of the Transitional Constitution outlines these objectives. Sub-article (i) of this article states
that “the principal objective of economic development strategy shall be the eradication of poverty,
attainment of the Millennium Development Goals, guaranteeing the equitable distribution of wealth,
redressing imbalances of income and achieving a decent standard of life for the people of South Sudan.”
Sub articles (2) and (3) go further to clarify the roles of all levels of government.
3. Education, Science and Culture Objectives
Article 38 outlines the responsibilities of all levels of government and of the government of South Sudan
in relation to these objectives.
Orientation Course for Local Government Administrative Officers 16
4. Family Objectives
These objectives are outlined in Article 39 of the Transitional Constitution which also clarifies the rights
of parents and children.
5. Children, Youth and Sports Objectives
Article 40 outlines the responsibilities of all levels of government in South Sudan in relation to this
objective.
6. The Environment Objectives
Article 41 outlines the rights of persons in relation to the environment and the responsibilities of all
levels of government thereof.
7. Defence of the Sudan
These objectives are clarified in Article 42 of the Constitution.
8. Foreign policy objectives
These are encapsulated in Article 43 of the Constitution.
9. Savings objectives
These are outlined in Article 44 of the Constitution.
Provisions of the Transitional Constitution
The Transitional Constitution clearly spells out the organs, duties and responsibilities of the various
arms and levels of Government in South Sudan. These are outlined below:
1. The South Sudan Executive
The Constitution outlines the composition of the Executive and the powers and competences of the
Executive.
Article 97 to article 103 of the Transitional Constitution describes the President of South Sudan in all
pertinent aspects ranging from eligibility for the office, nomination, tenure of office, functions and
immunity to the appointment of the Vice President, as well as the Presidential Advisors.
Article 108 to article 121 of the Transitional Constitution describes the South Sudan Council of
Ministers. These are discussed in terms of:
1. Establishment of the Council of Ministers
2. Composition and competencies of the Council of Ministers
3. Oath of a minister
4. Functions of the Council of Ministers
5. Appointment and removal of ministers
Orientation Course for Local Government Administrative Officers 17
6. Collective and individual accountability of ministers
7. Vote of No Confidence against a minister
8. Declaration of wealth and prohibition of private business
9. Enrolment and remuneration
10. Confidentiality of deliberations of the Council of Ministers, among others.
These then are the key components of the Executive arm of Government:
1. The Judiciary of South Sudan
Article 122 to article 134 of the Transitional Constitution of South Sudan describes the judiciary of
South Sudan. This is done in terms of:
• Establishment and structure of the Judiciary
• Independence of the Judiciary
• Composition of the Supreme Court of South Sudan
• Competencies of the Supreme Court of South Sudan
• Courts of Appeal
• High Courts
• County and other courts
• Independence of justices and judges
• Appointment of justices and judges of South Sudan
• Discipline of justices and judges
2. National Legislature
The National Legislature shall be composed of the National Legislative Assembly and the Council of
States. The National Legislative Assembly shall have a total of 322 members. The Council of States shall
have a total of 50 members.
The establishment, composition, powers and functions of the South Sudan legislature are described from
Articles 54 to 94 of the Transitional Constitution of South Sudan. The important Articles are the ones
that deal with:
• Establishment of the Assembly
• Powers and functions of the Assembly
• Seat of the Assembly
• Eligibility for membership
• Loss of membership of the Assembly
Orientation Course for Local Government Administrative Officers 18
• Oath of the Assembly member
• Terms of the Assembly
• Determination on objections related to membership
• Immunity of members of the Assembly.
3. States of South Sudan
The Transitional Constitution provides guidelines on the scope and structure of the states of South
Sudan. Article 162 gives the general provisions in relation to the states, where sub section (i) states that
“the territory of South Sudan is composed of ten states governed on the basis of decentralization”.
Article 163 of the Constitution describes the state organs, where sub article (i) states that “there shall
be Legislative, Executive and Judicial organs at state level for each state of South Sudan which shall
function in accordance with this Constitution, the Interim National Constitution, and the relevant State
Constitutions.’’ The section goes further to clarify the powers and responsibilities of the states.
Article 165 of the Constitution describes the state executive, with sub article (i) stating that “there shall
be a governor for each state within South Sudan, elected by the residents of the state in compliance
with the requirements prescribed by, the National Elections Commission and in accordance with this
Constitution and the relevant state Constitutions”. The section goes on to clarify who else constitutes
the state executives, who include the State Council of Ministers and the Deputy Governor.
Article 164 describes the State Legislative Assembly with sub article (i) stating that “each state within
South Sudan shall have a legislature to be known as State Legislative Assembly which shall comprise
members elected in accordance with the state Constitution and the election laws”. The section goes
further to clarify the powers and functions of the State Legislative Assembly.
4. Local Government
Article 166 of the Transitional Constitution of South Sudan gives guidelines on the establishment,
structure and objectives of Local Government in South Sudan and Article 166 (i) stating that “pursuant
to article 47 (c) of this Constitution and the State Constitutions, the states shall enact laws for the
establishments of a system of Local Government based on urban and rural councils for which they shall
provide structures, compositions, finance and functions”.
Sub Article 166(3) further states that “The President of the Government of South Sudan shall establish a
Local Government Board under his or her office to review the Local Government systems in South
Sudan, and recommend the necessary policy guidelines and actions in accordance with the
decentralization policy enshrined in this Constitution”. Sub article 6 outlines the objects of Local
Government.
Articles 167 and 168 describe the traditional local authorities and their roles. Article 166 (i) states that
“The Institution status and role of traditional authority, according to customary law are recognized
under this Constitution”.
Orientation Course for Local Government Administrative Officers 19
5. The South Sudan Civil Service
Article 138 of the Transitional Constitution of South Sudan provides for the establishment of South
Sudan Civil Service with sub article (i) stating that “The government of South Sudan shall have a civil
service consisting of all its employees who shall impartially carry out the functions assigned to them
according to law”.
Article 139 outlines the basic values and guidelines for civil service.
Article 140 provides for the establishment of the Civil Service Commission and Article 140 (i) stating
that “there shall be established a South Sudan civil Service Commission composed of persons of proven
competence experience integrity and impartiality while sub article (2) advises the government of South
Sudan on the formulation and execution of policies related to public service, employment and
employees.
6. Independent Institutions and Commissions
Article 142 (i) states that: “The national government of South Sudan 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 body”.
Article 142 (2) further states that “the Government of South Sudan shall also establish such other
institutions and commissions compatible with its powers as it deems necessary to promote the welfare
of its people, good governance and justice”.
The Commissions and Institutions that have been established include:
1. The South Sudan Civil Service Commission
2. The Anti Corruption Commission
3. South Sudan Human Rights Commission
4. South Sudan Public Grievances Chamber
5. South Sudan Relief and Rehabilitation Commission
6. Demobilization, Disarmament and Re-integration Commission
7. South Sudan HIV/AIDS Commission
8. South Sudan Land Commission
9. South Sudan Fiscal and Financial Allocation and Monitoring Commission
10. National Audit Chamber.
National Stability
The Transitional Constitution of South Sudan of 2011 is the supreme law of South Sudan. The
Constitution establishes an Executive Branch headed by a President who is both the Head of State, Head
of Government, and Commander-in-Chief of the Sudan People's Liberation Army. It also establishes a
Vice-President who deputises the President in his absence. Legislative power is vested in the
Orientation Course for Local Government Administrative Officers 20
government and the bicameral National Legislative Assembly. The Constitution also provides for an
independent judiciary, the highest organ being the Supreme Court.
Organisation of Government of South Sudan
The Government of South Sudan is based on the Transitional Constitution of South Sudan and the
principles embodied in the CPA. The details of the structure of the Government of South Sudan and its
responsibilities are defined by the Transitional Constitution.
The Republic of South Sudan (ROSS) was established on July 9th 2011. It exercises authority in respect
to the people and the states in South Sudan. The powers of the Government of South Sudan originate
from the will of the people of South Sudan, the CPA, and the Transitional Constitution of South Sudan.
Legal System
The legal System is based on English common law. There is a lot of work to be done to reverse the
institutions and understanding influenced by the imposed Islamic law of the northern part of the Sudan.
Orientation Course for Local Government Administrative Officers 21
Topic 2: Decentralisation
Introduction
One of the guiding objectives and principles of ROSS is to promote decentralization and devolution of
power to the people. This is also stipulated in the Local Government Act section 13 and 14. It is
therefore necessary that power to make decisions is delegated to the lowest competent level of
government for consistency with the Constitutions and the Local Government Act.
Specific Objectives
By the end of this topic the participating Administrative Officer should be able to:
1. Explain the meaning of decentralization
2. Define empowerment
3. Explain the modes and dimensions of decentralization
4. Explain the benefits of decentralization in South Sudan
Content
1. Meaning of decentralization and empowerment
2. Modes and dimensions of decentralization
3. Benefits of decentralization
Methodology
1. Lectures
2. Group discussions
3. Presentations
4. Plenary discussions
Resources
1. The Transitional Constitution of the Republic of South Sudan
2. The Local Government Act 2009
3. Flip charts
4. LCD/Overhead projectors
5. Guest speakers
6. Relevant literature
Orientation Course for Local Government Administrative Officers 22
Understanding Decentralization
Decentralization in relation to Local Government administration refers to the distribution or redistribution of authority to make decisions and take action, from the National Government to the Local
Governments. In the process, National Government might retain overall legal control in such areas such
as authority to raise revenue, maintain law and order, regulate fraud and corruption and provide equal
protection under the law. National Government may also retain the authority to alter Local
Government powers.
Within this context then, decentralization occurs if Local Government has substantial authority to hire,
fire, tax, and contract, expand, invest, plan, prioritize, and deliver the services that they choose.
Modes and Dimensions of Decentralization
Decentralization as a strategy of governance can take various modes. These include deconcentration,
delegation, devolution and privatization. Each of these has its own implications to the Local Government
administration. We will consider each of them more closely.
1. Deconcentration
Deconcentration occurs when the Local Governments act largely as the local agents of Central
Government. In this case, the Local Government manages personnel and expends the resources
allocated to them by the National Government. It therefore refers to essentially the redistribution of
central resources to localities, on the sufferance of those local authorities. Therefore, in
deconcentration there is a shift in authority from National Government officials to those in the
dispersed local areas.
As can be inferred, deconcentration does not actually result in the ceding of powers to the local
authorities by the central authority fully. Deconcentration essentially results in the movement of
authority from National Government officials in the capital to officials in dispersed locations of ministries
and departments.
Like all aspects of decentralization, deconcentration results in shortening the process of decision making.
This is because decisions do not have to be referred to the head office but rather are made at the local
level. This results in quicker decision making with its attendant benefits of taking charge of opportunities
as they arise. The bureaucratic red tape is cut. However we should note that even as the decisions are
made at the local level, in deconcentration the National Government still exercises control and has a
final say on decisions.
2. Delegation
In general management practice, delegation would refer to the practice of giving subordinates the
necessary authority to make decisions in a specified area of work or function. This is the same case with
the Local Government administration. In this case, the National Government allows the Local
Governments, other departments and parastatals to perform certain functions on its behalf. Therefore
authority to act moves from the National Government to the Local Governments, departments and
parastatals but on a representative basis. The local authorities can decide certain issues but, guidelines
have to still come from the central government. Action is more on an agency basis.
Orientation Course for Local Government Administrative Officers 23
As in the case of deconcentration, delegation also results in a quicker decision making process.
Decisions are made by those who are closer to the action. It also improves the morale of those officers
at the Local Government level who are thus delegated this authority. Such officers are given an
opportunity to learn through doing, which improves the levels of service delivery by the local
authorities.
3. Devolution
Devolution may be considered as the most complete form of decentralization, in the process of
distribution or re-distribution of authority to make decisions and to take action by the local authorities
independently of the National Government administrative oversight. In devolution the Local
Government authority has greater authority in various aspects of its management. It can hire and fire its
own personnel. It can impose and collect taxes within its boundaries. It can enter into legally binding
contracts independently. It can spend its revenue according to its own priorities, including investments,
and it can deliver the services it chooses independently of National Government oversight and direction.
It is in control in the use and management of its resources for the benefit of its own community.
4. Privatization
Privatization is the fourth mode of decentralization. However this goes slightly outside the direct orbit
of Local Government administration as it involves the giving to the private sector authority to deliver
services and functions. Sometimes it is argued that private sector is able to deliver services more
efficiently and effectively than the Local Government authority itself. This is because of the discipline,
sense of purpose and commitment inherent in private sector management.
Performance is strictly controlled in the private sector, and service delivery is therefore subject to strict
controls, monitoring and evaluation measures. This is common in areas such as garbage collection.
However even in this case, the Local Government is still in control as the private sector acts as an agent
of the local authority. Authority has moved from the National Government and the Local Government
to the private sector.
In this form of decentralization, operations are demand driven and market oriented. However the work
can become very expensive to the recipient of the services because the private sector is primarily driven
by the profit motive. Some services may even become inaccessible to the poorer members of the
community. (What examples can we cite?)
Orientation Course for Local Government Administrative Officers 24
Summary – Modes of Decentralization
Mode Meaning Authority shift Implications
Deconcentration Shift in authority from
National Government
headquarters officials
to those in local areas
National Government
officials at headquarters
to ministries and
departments at Local
areas
Quicker decision making,
National Government still
retains control
Delegation Local Government and
other department act
on behalf of central
government
National Government to
Local Government ,
departments and
parastatal
Local authorities can decide
certain issues but with
guidelines from central
government; Act on agency
basis
Devolution Authority to make and
carry out decisions
National Government to
Local Government
Decisions closest to
beneficiaries, but
bureaucracies, lack of capacity
and corruption can occur
Privatization Private sector given
authority to deliver
services and functions
Central governments and
Local Government to
private sector agencies
Demand driven and market
oriented operations, could be
expensive for the poor and
even inaccessible
Irrespective of the mode that decentralization takes there are however certain dimensions and goals to
each dimension, attendant to the process. These are as discussed below.
1. Political Decentralization
Political decentralization lays emphasis on the sharing of political power between the various levels of
government. It addresses the dynamics of intergovernmental relations with respect to powers and
functions and the management of conflict before the use of concurrent powers. The aim is to allow the
different levels of government to exercise their powers while maintaining the unity of the nation.
2. Administrative Decentralization
This dimension of decentralization lays emphasis on:
a. Transfer of responsibilities
b. Strengthening field agencies (personnel authority)
c. Reforms of Administrative organs.
The major emphasis here is the relationship between the administrative responsibilities assigned and the
functions to be performed, with the immediate and obvious outcome being efficiency and effectiveness
in service delivery and responsiveness.
Orientation Course for Local Government Administrative Officers 25
3. Fiscal Decentralization
Fiscal decentralisation relates to the match between assigned resources and assigned functions. The
emphasis in this case is on:
a. Allocation of tax resources
b. Transfer of fiscal resources between governments
c. Loan portfolios or capital development institutions.
The most important outcomes in this case are:
a. Peace and stability is maintained
b. Service delivery happens
c. Development takes place.
Orientation Course for Local Government Administrative Officers 26
Benefits of Decentralization
There are certain benefits that South Sudan may derive from decentralization. These include:
1. Political education whereby the mass of the population is taught about the role of political debate,
the selection of representatives and the nature of policies, plans and budgets in a democracy.
2. Political stability is secured by participation in formal politics through voting and other practices
which strengthen trust in government so that social harmony, community spirit and political
stability are achieved. In addition a mechanism is created to prepare the people for the profound
social and economic changes associated with development.
3. Training in political leadership creates a ground for prospective political leaders to develop skills in
policy making, political party operations, and budgeting with the result that the quality of national
politicians is enhanced.
4. Political equality from greater political participation, which will reduce likelihood of the
concentration of power. Political power will be more broadly distributed thus making
decentralization a mechanism that can meet the needs of the poor and disadvantaged.
5. Accountability is enhanced because local representatives are more accessible to the people and
can thus be held more closely accountable for their policies and outcomes than distant national
political leaders or government officers. A role at local elections is a unique mechanism for the
people to register their satisfaction or otherwise with the performance of representatives.
6. Responsiveness of government is improved because local representatives are best placed to know
the exact nature of local needs and how they can be met in a cost effective way.
7. Real improvement in Local Government performance through increased efficiency, effectiveness
and local community participation in local activities.
Orientation Course for Local Government Administrative Officers 27
Topic 3: The Structure of the Government of the Republic of South
Sudan
The Transitional Constitution outlines the composition of the Executive and the powers and
competencies of the Executive.
Article 97 to article 107 of the Transitional Constitution describes the President of South Sudan in all
pertinent aspects ranging from eligibility for the office, nomination, tenure of office, functions, immunity,
to the appointment of the Vice President, as well as the Presidential Advisors.
Article 108 to article 121 of the Transitional Constitution describes the South Sudan Council of
Ministers. These are discussed in terms of:
• Establishment of the Council of Ministers
• Composition and competencies of the Council of Ministers
• Oath of a minister
• Functions of the Council of Ministers
• Collective and individual responsibility of ministers
• Contesting ministerial acts
• Appointment and removal of ministers
• Vote of No Confidence against a minister
• Declaration of wealth and prohibition of private business
• Enrolment and remuneration.
These then are the key components of the Executive arm of Government.
The Executive branch of the ROSS is made up of: The President, Vice President and the Council of
Ministers.
President: H.E Lt. General Salva Kiir Mayardit
The President of the ROSS is the head of South Sudan Government and the Commander-in-Chief of the
Sudan People’s Liberation Army.
Powers and Functions of Government
Broadly the functions of each level of government as stipulated in Schedule C of the Transitional
Constitution of South Sudan.
Orientation Course for Local Government Administrative Officers 28
Topic 4: Inter-governmental Relationships
Introduction
While the Transitional Constitution assigns specific competencies and authority to the three levels of
government, there is however very close inter-relationships between these levels. It is very important
that the Local Government Administrative Officer clearly understands such inter-relationships so that
he/she can play her/his role effectively and efficiently.
Specific Objectives
By the end of this topic, the participating Local Government Administrative officer should be able to:
a. Explain the theoretical perspectives on centre/local relations
b. Explain the legal provisions relating to Local Government and State Government.
c. Explain the legal provisions relating to Local Government and ROSS and the Local Government
Board.
Content
a. Theoretical perspective on centre/local relations
b. Legal provisions relating to Local Government and State Government
c. Legal provisions relating to Local Government and the Local Government Board
Methodology
a. Plenary discussions
b. Group discussions and presentations
c. Lectures
d. Individual exercises and presentations
Resources
a. The Transitional Constitution
b. Local Government Act of 2009
c. State Legislation
d. Flip charts
e. LCD/overhead projectors
f. Stationery
Orientation Course for Local Government Administrative Officers 29
Theoretical Perspective on National/Local Relationship
National-Local relations focus on the relationship between National Government (ROSS), State
Government and the Local Government. The three tiers of government as outlined in the Constitution
have certain competencies, power and authority assigned to them. The hierarchical nature of the
structure of government is indicative of not only of functional differences but also power, authority and
accountability levels.
Power and Authority
National Governments are finally accountable to the nation for all levels of government. When
institutions are not performing to people’s expectations it is normally National Government which bears
the brunt of people’s dissatisfaction. To that end, National Government will exercise an oversight and
monitoring role over sub national structures. Sub national levels have to operate within set legal
parameters and execute their mandate as expected. Although they have a separate political
accountability by virtue of going through elections, central governments can remove non performing sub
national levels, put in caretakers or commissions for some time and have fresh elections take place.
The powers allocated to sub national levels are determined by National Government and Local
Governments have to operate within the prescribed boundaries. In short sub national government are
not independent states which can do as they wish. They are part of a system and are creatures of
statute and such statutes prescribe what they can and cannot do.
Functional Differences
It is common cause that certain competencies and functions are national in scope whereas some are
state or local. Other functions can be performed at any level, national, state or local. Functional
differences are normally dictated by the type of functions, resources required and where it is presumed
it can be executed more efficiently and effectively. National competencies or functions normally include:
• Defence
• Foreign affairs
• State Security
• Judiciary
• Prison services
• Customs and immigration
• Monetary and fiscal policy
• National currency custody
• Institutions of higher learning.
If national defence is not centrally administered, managed and controlled, warlords emerge. If every sub
national level had its own foreign policy, not only would internal contradictions emerge, but total chaos
would be the order of the day.
Orientation Course for Local Government Administrative Officers 30
A uniform justice system has to prevail in the country so that all are equal before the law through the
application of uniform standards. Institutions of higher learning provide the critical intellectual capital for
national development and require not only the setting of standards but also the necessary resources. A
Local or State Government may not be able to mobilise resources required to run a university.
The nature of functions listed above requires huge amounts of funds and are therefore better handled at
national level where most of the tax revenue accrues.
It should also be noted that the public good nature of such services means that the exclusion principle
cannot be applied and are therefore best financed from tax revenue. Provision of basic services has
ideally been left to the local levels; roads, sewer systems; traffic lights street lighting, housing, primary,
health care, water supplies, recreation -- the list is long. A more remote National Government cannot
produce and supply those services efficiently and effectively. Many of these goods and services are local
in nature and require local knowledge for effective provision. They are also largely locally financed. It is
pertinent to refer to schedules A, B, C and D of the Transitional Constitution.
Resources
The other relationship that exists between national and sub national level is around resources allocation.
In many counties the bulk of the tax revenue accrues to National Government. It is therefore the duty
of National Government to ensure adequate and usually equitable distribution of resources.
The pursuit of the equity objective in service provision is premised on the fact that different areas have
different capacities to mobilise resources. There is therefore need for resource sharing so that the
quality of life of citizens in one county is not vastly different. It is meant to narrow revenue raising
capacities. Many governments over and above conditional and unconditional grants will also have
equalisations grants to take care of revenue raising disparities by different areas.
The dual nature of colonial development where first world and fourth world services existed in one
country was one of the rallying points for resistance and armed struggle against settler regimes. Where
National Government allocates functions these should be accompanied by resources. In many a case this
has not happened. The sub national level will be forced to divert the limited resources available to meet
the functions. This creates what are generally referred to as “unfunded mandates’’.
Such mandates have caused friction between Local, State and National Governments in countries where
transfers to local levels are not constitutionally guaranteed. The resource allocation from central to sub
national levels should be based on known revenue sharing formulae be predictable and assured. This is
usually the case where sub national levels are in the Constitution.
Legal Provisions Relating to Local Government and State Government
Article 166 (1) provides for states to “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.”
Section 125 of the Local Government Act 2009 outlines the responsibilities as to:
a. Make sectoral policies to guide the functional organisation of Local Government councils in order to
harmonise the State and Local Government plans and programmes.
Orientation Course for Local Government Administrative Officers 31
b. Develop state framework for effective coordination of Local Government Councils affairs between
State Ministries and Local Authorities and between Local Authorities and Local community
institutions.
The state has a Constitutional and legal mandate to ensure an efficient Local Government system.
Section 20(5) notes that the establishment of a Local Government Council by the President is upon
recommendation of the State Government.
Section 48(4c) and section 53(4c) indicate that the County Commissioner in a county council and the
mayor in city and municipal councils represent the state governor.
The relationship between the two levels has legal underpinnings. It is important to understand the legal
relationship in order to differentiate between what a council may interpret as interference by the state
level and what the state levels mandate is regards the operations of council.
Orientation Course for Local Government Administrative Officers 32
Legal Provisions relating to Local Government, ROSS and the Local Government
Board
Article 47 of the Transitional Constitution establishes a decentralised system of governance in Sudan
with three levels: ROSS, State, and Local Government. Article 48 (2) (b) is specific regarding the
relationship: “The National Government shall respect the powers devolved to the states and Local
Government”.
Article 49 outlines the guiding principles of inter-governmental linkages which shall be observed.
Article 52 (1b) states that the linkage between the National Government and the Local Government
shall be through the government of the relevant state. Such provision clearly defines national – local
relations and removes any ambiguity which may arise. The provisions clarify operational modalities and
serve as a deterrent for undue interference by central functionaries. The inter-governmental linkages are
reaffirmed in section 126 of the Local Government Act, 2009. Section 126 (1d and 1c are relevant.
Section 126 (1d) reads:
“In their relationship with each other or with other governments all levels of government in Southern
Sudan referred to in Article 47 of the Constitution shall observe the following:
a. Respect each other’s powers and competencies
b. Collaborate in the task of governing
c. Assist each other in fulfilling Constitutional obligations.
Section 126(1c) clearly outlines the need to avoid encroaching on or assuming powers or functions
conferred upon any other level except as provided for by this Act and the Constitution. Whilst the law
is clear, there is need for operatives at all levels to familiarise themselves with that function to avoid
causing confusion and conflict through ignorance.
Orientation Course for Local Government Administrative Officers 33
Local Government Board
Article 166(3) empowers the President of the ROSS to “establish a Local Government Board under his
or her office to review the Local Government system in South Sudan and recommend the necessary
policy guidelines and action in accordance with the decentralisation policy in the Constitution.’’
The Local Government Board is thus the leading player in Local Government in South Sudan responsible
for articulating policy guidelines and action to be taken. Section 123 and 124 of the Local Government
Act, 2009, outlines the functions and duties of the Local Government Board. Section 66(3) tasks the
Local Government Board with the training functions for Local Government Administrative Officers.
Section 66(4a) gives the Local Government Board a role in the transfer of Local Government
Administrative Officers. The Board maintains the general list of all Local Government Officers in South
Sudan according to their batches of seniority. The Local Government Board can also deploy cadet
officials under training to work in any part of South Sudan. Internal transfers within states shall be in
accordance with the Local Government Board schedules and guidelines. It may be necessary to reiterate
that Chief Administrative Officers of council are recruited from the general list of officers maintained by
the Local Government Board. The advantage here is that to become a senior officer one has to go
through the relevant training for Local Government Administrative Officers.
By the time one gets to the top one will be a professional cadre. The system in a way eliminates the
recruitment into key positions in Local Government of the people without the requisite skills which is a
problem in many countries. People with no grounding in Local Government are smuggled into the
system and in the end this compromises efficiency and effectiveness.
The Local Government Board is also empowered in terms of section 85(3) to conduct financial inquiry
into the conduct and running of financial affairs of any council in collaboration with the State Ministry of
Local Government and Law Enforcement. After such an inquiry, reports will be prepared for the
President of ROSS and the governor of the state concerned.
Orientation Course for Local Government Administrative Officers 34
Module 3: LOCAL GOVERNMENT
Topic 1: History of Local Government in South Sudan
Topic 2: Constitutional Provisions for Local Government
Topic 3: Mandate, Powers and Functions of Local Government Councils in
South Sudan
Topic 4: Conceptual Framework
Topic 5: Organization and Structure of Local Government
Topic 6: Traditional Authority and Local Government
Orientation Course for Local Government Administrative Officers 35
Topic 1: History of Local Government in South Sudan
Specific Objectives
By the end of this topic, the Local Government Administrative Officer should be able to:
1. Understand Transitional Constitutional provisions for Local Government
2. Explain the guiding principles of Local Government in South Sudan as spelt out in the Local
Government Act of 2009
3. Describe the structure of Local Government in South Sudan
4. Describe the roles of various stakeholders in Local Government in South Sudan
5. Describe the powers and functions of Local Government in South Sudan as spelt out in the Act
6. Discuss the relationship between the Local Government, the States and ROSS.
Content
1. Constitutional provisions of the Local Government Article 50(c) and 173
2. Guiding principles of Local Government in South Sudan Section 13 of the Local
Government Act, 2009
3. Structure of Local Government in South Sudan
4. Roles and various stakeholders e.g. traditional authority
5. Powers and functions of Local Government
6. Relationships between Local Government, States and ROSS
Methodology
1. Group work
2. Presentations
3. Lecturers
4. Role plays
Resources
1. Guest speakers
2. The Local Government Act 2009
3. The Transitional Constitution
Orientation Course for Local Government Administrative Officers 36
4. Flip charts
5. Overhead projector
Orientation Course for Local Government Administrative Officers 37
Introduction
Local Governments constitute a very significant arm in the governance structure of South Sudan. They
have their own specific mandate and jurisdictions, separate from those of ROSS and the states.
However, to effectively carry out their mandates, these should be clearly and unequivocally spelt out in
an authoritative legislation like the Local Government Act.
The people of South Sudan, like their brethren in the north, lived under a highly centralised system of
direct rule for 130 years under the two colonial regimes of the Turko-Egyptian rule 1821-1898 and
Anglo Egyptian rule 1899-1955.
In evolution, the Local Government Councils in South Sudan grew from two provinces of the Equatorial
and Upper Nile (1821) which was subdivided into three by splitting Equatoria and Bahr el Ghazel
provinces, and a further split to six provinces of Jonglei, Upper Nile, Bahr el Ghazal, Lakes, Western and
Eastern Equatoria in 1976. The same provinces were later amalgamated into three regions of South
Sudan of Equatoria, Bahr el Ghazel and Upper Nile in 1983. They were however subdivided again into
the current ten states of South Sudan in 1994.
In terms of the actual number of local authorities, until 1975 the South Sudan had 24 Local Government
Councils of which 21 were rural councils and three were town councils. In status, these councils were
simply administrative units of provinces exercising deconcentrated and delegated powers to
maintain law and order, and collect revenue on behalf of the province authorities. In 1981, these Local
Government Councils were split to make up 48 area councils to which Local Government authority was
devolved to become a level of government closest to the people.
This number of local councils proliferated to the present number of 78 counties during the war between
1983 and 2005. During the same period, power and authority were withdrawn first from garrison town
councils and vested in the state under the 2003 Local Government Act, and those in the SPLM/A
liberated areas were maintained without any legal status due to the war situation.
South Sudan has experimented with various types of decentralization during the 50 years of the
independence of the Sudan. These took the forms of delegation, deconcentration of power and
devolution of authority.
1. Deconcentration of power (1951-1971)
With the advent of independence (1955), the Sudan government adopted a deconcentrated system of
transfer of power from the National Governmentin Khartoum to Local Government based in the nine
provinces, the three provinces, Bahr el Ghazal, Equatoria and Upper Nile of the South Sudan included.
Each of these provinces was subdivided into a number of Local Government units known as rural
councils, municipal and town councils, which exercised delegated powers from the provincial council
that exercised deconcentrated authority from the centre. Some of these Local Councils had councillors,
with little or no participation of the people in ruling themselves.
Orientation Course for Local Government Administrative Officers 38
2. Devolution of Authority (1971-2005)
The Sudan experimented with four systems of devolution of authority:
1. Devolution to Local Government authority (1971-2003)
2. Devolution to Regional Government authorities (1972-2002)
3. Devolution to State authorities (2003-2005)
4. Devolution to Federal authorities (2005 to 2006)
Between 1970 and 1985 the Sudan government devolved authority from the National Government to
Local Government where authority was based in the Province Executive Council (PEC). But power was
vested in the Provincial Commissioner whose mandate was the political orientation of the people of
Sudan towards the ideology of the Sudan socialist union, with less commitment to service delivery and
local development. Due the failure of the communist system to deliver, the authority of the Local
Government was further devolved to area councils in 1981, to a community level of government in the
rural centres, and municipal and town councils in the urban centres. These authorities enjoyed a greater
measure of autonomy through elected councillors who presided over the People’s Local Government
councils in the processes of local policy making and the supervision of the executive functions.
Subsequent to the signing of the first peace agreement of the Sudan in Addis Ababa in 1972 between the
Sudan Government and the Anyanya freedom fighters of Southern Sudan, the National Government
devolved authority to the Regional Government in Sudan. The Regional Government (1972-1983)
exercised Legislative and Executive authority, without judicial authority. The experience of the Regional
Government in the Southern Sudan led to further devolution of authority from the National
Government to Regional Governments in Northern Sudan.
On the advent of a full fledged Islamic regime (1989-2005) State Governments were established in which
Islamic Sharia Law Authority was devolved with reduced Legislative, Executive and Judicial authority.
Powers were vested in the state Governor (Wali) upon whom religious and political powers were
conferred. In the practice of governance, the Wali delegated state powers to the Local Government
councils which diminished over time as the councils became non-functional. Local Government system
disintegrated and services were poorly provided to the people.
The Comprehensive Peace Agreement of 2005 introduced a Federal system of government of one
nation, two systems with four levels of government as follows:
1. Government of National Unity
2. Government of Southern Sudan
3. State Government
4. Local Government.
Each of the three upper levels of government has its own Constitutional authority. For Local
Government a new, well thought-out and relevant framework and system had to be developed.
Orientation Course for Local Government Administrative Officers 39
Topic 2: Constitutional Provisions for Local Government
The Local Government is the third level in South Sudan which consists of a number of autonomous
Local Government councils established in accordance with the provisions of the Local Government Act
2009. The Local Government Act of 2009 continues to be the law guiding Local Government in line
with Article 200 of the Transitional Constitution which reads:
“All current Laws of Southern Sudan shall remain in force and all current institutions shall continue to
perform their functions and duties, unless new actions are taken in accordance with the provisions of
this Constitution.”
The Constitutional provisions of the Local Government are contained in the Transitional Constitution,
Article 47 and 166. Article 47 of the Transitional Constitution states that “South Sudan shall have a
decentralized system of government with the following levels:
1. The National level which shall exercise authority in respect of the people and states in South Sudan.
2. The State level which shall exercise authority within a state and render public service through the
level closest to the people.
3. Local Government level within the state, which shall be the closest level to the people.
Article 166 of the Transitional Constitution states that “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”.
It further states in Article 166 (2) that “without prejudice to the provision of sub-Article (i) above and
for the purposes of the initial establishment of a Local Government system throughout South Sudan and
in order to set common standards and criteria for the organisation of Local Government systems
throughout South Sudan, and in order to set common standards and criteria for the organization of
Local Government, the National Government shall enact the necessary legislation.”
Further, Article 166 (3) states “The President of the Government of South Sudan shall establish a Local
Government Board under his or her office to review the Local Government systems in South Sudan and
recommend the necessary policy guidelines and action in accordance with the decentralization policy
enshrined in this Constitution”.
The article further clarifies the criteria for establishment of local councils as:
1. Size of the territory
2. Population
3. Economic viability
4. Common interest of the communities
5. Administrative convenience and effectiveness.
It goes further to outline Local Government as consisting of County, Payam and Boma in the rural areas;
City, Municipal and Town Councils in the urban areas.
Orientation Course for Local Government Administrative Officers 40
Objectives and Guiding Principles of Local Government
The objectives of the Local Government as given in the Local Government Act 2009 are 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 organizations in local
governance and promote dialogue among them on matters of local interest.
4. Promote and facilitate civic education.
5. Promote social economic development.
6. Promote self reliance amongst the people through mobilization of local resources to ensure the
provision of services to communities in a sustainable manner.
7. Promote peace, reconciliation and peaceful co-existence among the various communities.
8. Ensure gender mainstreaming in Local Government.
9. Acknowledge and incorporate the role of traditional authorities and customary law in the Local
Government systems.
10. Consult and involve communities in decision making relating to the exploitation of natural
resources in their areas.
11. Create and promote safe and healthy environments; and
12. Encourage and support women and youth activities and the training of local cadre.
In line with the objectives of the Local Government the Act also prescribes certain principles of local
governance which shall be the basis for decentralization and democratisation of the Local
Government authority system in South Sudan as follows:
1. Principle of subsidiarity, where decisions and functions shall be delegated to the lowest competent
level of government
2. Self governance and democracy
3. Participation for all citizens in the exercise of their rights to express their opinions in the process
of decision making in public affairs
4. Rule of law, maintain law and order and its enforcement in a fair and impartial manner while
respecting and honouring the norms, virtues and values of society
5. Transparency, to build mutual trust between government and citizens through the provision of
information and guaranteed access to information
6. Equity, to provide an equitable distribution of resources throughout the Local Government
council
Orientation Course for Local Government Administrative Officers 41
7. Equality, to provide equal services and opportunities for all members of the local community with
the aim of improving their welfare
8. Responsiveness, to increase the sensitivity of the employees of government and non-governmental
organizations to the aspirations of the people in service delivery and meeting public demand
9. Accountability, to ensure accountability of decision- makers to the people in all matters of public
interest, and
10. Efficiency and effectiveness to ensure good public service delivery through optimum and
responsible use of resources.
Structure of Local Government in South Sudan
The Local Government Act 2009 section 15, with reference to the Transitional Constitution of South
Sudan Article 166 (5) describes the structure of Local Government in South Sudan. It states that the
Local Government shall comprise of three tiers of government as follows:
1. The County, City, Municipal and Town Councils
2. The Payam and Block Councils as coordinative administrative units
3. The Boma and Quarter Councils as the basic administrative units.
Section 16 of the Act further clarifies the types of Local Government Councils as:
a. Rural Councils, which are councils established in rural settlements, or in areas whose economies are
predominantly agricultural, pastoral or mixed with a strong base of traditional administration and
cultural practices, which constitutes a council. The County Council, a body corporate, is sub divided
into Payam and Boma Councils.
b. Urban Councils which are established in urban or cosmopolitan areas where more than sixty
percent of economic activities are non-agricultural with considerable levels of urban infrastructure
and public utilities. Urban Councils are classified as:
1. A City Council which shall be a corporate body, divided into Block Councils and Quarter
Councils
2. A Municipal Council which shall be a corporate body, divided into Block councils and Quarter
councils, and
3. A Town Council which shall be a corporate body divided into quarter councils.
c. Industrial Councils which are councils established in industrial areas which may have either or both
characteristics of an Urban or Rural Council as follows:
1. In its initial establishment it may be devolved and de-concentrated within the jurisdiction of the
corporate body within which it exists, and
2. An Industrial Council may qualify for the status of a full corporate body as it develops.
Orientation Course for Local Government Administrative Officers 42
The Act provides that each Local Government council may grow in population, infrastructure, and
services to a higher status as shall be prescribed by rules and regulations.
Roles of Stakeholders in Local Government
The role of ethnic and cultural communities
Section II of the Local Government Act stipulates that every ethnic and cultural communities shall have
the right to freely enjoy its cultures and develop its culture and practice its customs and traditions while
recognising and respecting the rights of others. In line with the objectives of Local Government,
members of the community should:
1. Participate in maintaining law and order
2. Be involved in Local Governance activities
3. Participate in Civic Education activities
4. Engage in social and economic activities
5. Use available resources in a sustainable manner to enhance self – reliance
6. Participate in decision making related to exploitation of natural resources in the area.
The role of civil society
Civil Society embraces the many Community Based Organizations (CBOs) Non-Governmental
organization (NGOs) as well as the Faith Based Organizations (FBOs) that may be operating in a given
area. These organizations play a major role in the socio-economic development of a region. Their roles
include:
1. Participation in local governance initiatives
2. Providing civil education to the people
3. Mobilizing resources for social economic development in the areas
4. Providing education in areas of skill capacity gap
5. Monitoring development projects to ensure their successful completion
6. Advocacy to ensure that the rights of the communities are not trampled upon
7. Partnership with Local Government authorities in promoting development in the local area.
The role of traditional authority
Traditional authority means the traditional community with definite traditional administrative jurisdiction
within which customary powers are exercised by traditional leaders, on behalf of the community. This
traditional authority is recognized both in the Transitional Constitution and in the Local Government
Act 2009.
According to the Local Government Act section 19 (1-4):
Orientation Course for Local Government Administrative Officers 43
1. The administrative aspects of authority institutions and systems shall be incorporated in the three
tiers of the Local Government
2. The traditional leaders shall represent their people in the County Legislative Council as determined
by the Act and regulations there under
3. The Boma shall be the main domain of the traditional authority where traditional leaders perform
their administrative and customary functions
4. In the Town Council the traditional authority shall perform its administrative and customary
functions within the Quarter Council.
Powers and Functions of Local Governments
The powers of Local Government are exercised by the Local Government Council. These powers are
both Executive and Legislative. These powers are outlined in Appendix ii Schedules I and II of the Local
Government Act.
The functions of the Local Government transcend all areas of social economic activities in the area of
jurisdiction. These functions are in relation to aspects related to:
1. Finance and economic development
2. Legislation and legal affairs
3. Public works
4. Health
5. Education
6. Agriculture, natural resources and animal health
7. Social and cultural affairs
8. Public order and public security
9. Other miscellaneous functions such as receiving official visitors, issuing and authenticating
administrative certificates and providing local data based on the activities, institutions and utilities.
Relationships between Local Government, States and ROSS
Section 126 of the Local Government Act 2009 stipulates the relations in the administration of the
decentralized systems of government in South Sudan. It stipulates that:
1. The Linkages between the National Government and the Local Government shall be through the
relevant State Government organs or institutions
2. In their relationships with each other, all levels of government in South Sudan should:
a. Respect each other’s powers and competences
b. Collaborate in the task of governing
Orientation Course for Local Government Administrative Officers 44
c. Assist each other in fulfilling their constitutional obligations
3. The Government organs at all levels of Government shall perform their functions and exercise their
powers in order to:
a. Avoid encroaching on, or assume powers or functions conferred upon any other level except as
provided by the Act and the Constitution
b. Promote co-operation in rendering assistance to support each other’s levels of government
c. Coordinate each other’s functional activities and communication systems so as to facilitate the
operations of all levels of government
d. Promote the spirit of peace and peaceful co-existence in handling and dealing with local matters.
e. Resolve disputes and conflicts amicably among each other and other levels of government, and
f. Respect the status and institutions of government of each other at all levels of government.
Orientation Course for Local Government Administrative Officers 45
Topic 3: Mandate, Powers and Functions of Local Government Councils
in South Sudan
Local Government Councils have a mandate and responsibility of providing services to the public and
regulating the affairs of their local areas. This mandate can be elaborated as follows:
1. Developmental functions: enhance the living conditions of people in its area of jurisdiction –
including but not limited to immovable property, infrastructure (sidewalks, sewerage and drainage,
water, parking, omnibuses and other transport services, electricity undertaking, income generating
projects)
2. Powers to regulate the local environment through planning, control of development, developing and
enforcement of bylaws
3. Powers to raise revenue to undertake de facto and de jure mandates
4. Powers to recruit, retain, manage and discharge staff
5. Powers to cooperate with The State, Local Authorities and Other (legal) Persons.
Introduction
The mandate, functions and powers of LGCs is provided for in the Interim Constitution of South Sudan
and the Transitional Constitution of South Sudan and the Local Government Act 2009. However, it is
critical to note two things, first that other Acts of Parliament may also impose powers and functions on
Local Governments. Second, that some of the functions that Local Governments may perform or are
expected to perform may exist outside the law (unlegislated mandate). The Local Government officials
are therefore expected to acquaint themselves with the legislated and non-legislated mandates, powers
and functions of Local Governments.
There are five broad categories of functions performed by Local Governments namely:
1. Governance at the local level functions
2. Development functions
3. Service provision functions
4. Forward planning functions
5. Financial mobilization functions.
Overview of the Powers and Functions of Local Governments Globally
Over the world, Local Governments have power bestowed on them either by Constitution of the
country, or through legislation at national or sub-national level. In Australia, as an example, the
Constitutional responsibility for Local Governments lies with the state and territory governments.
Consequently, the powers and roles of Local Governments differ from state to state.
Orientation Course for Local Government Administrative Officers 46
The same applies to countries such as Canada, where Local Governments are a creation of provinces.
Provincial legislation therefore provides the mandate and powers and elaborates the functions of the
Local Governments. However, in spite of the variations that may occur across provinces and territories,
generally the Local Governments have powers that can be classified into legislative and executive
categories. Legislative powers refer to the law-making role (for local laws generally called bylaws). The
executive powers refer to the powers to implement. The executive powers enable councils to adopt
and implement policies, administer Local Government and enforce local laws (by-laws).
Mandatory Functions
Mandatory functions are those that councils give priority to in their planning and implementation
processes. In other words, they are compulsory functions that councils have to perform, whilst
permissive functions are those functions that councils may perform but are not statutorily compelled to
perform. They are optional functions.
Specifically, mandatory functions of councils are the provision of primary education, primary health,
collection of rates and site levies, issuing of trade licenses, provision of rural water supplies, construction
and maintenance of secondary roads and establishing and maintaining cemeteries and burial grounds.
Permissive Functions
Permissive functions include the provision of social services and community development. However,
councils are permitted to perform any functions other than those specified, provided they are not
beyond their areas of jurisdiction.
In the case of South Sudan, it will be seen that the functions of Local Governments are defined in the
primary functions and secondary functions.
Development Control Functions
Local Government Councils are empowered by the Local Government Act 2009 to control the
development of the areas which follow under their jurisdiction. This is consistent with other legislation
in other African Countries, such as Zimbabwe. For instance in Zimbabwe, Part X to Part XV as well as
the Second Schedule of the Urban Councils Act Chapter 29:13 provide a wide range of developmental
functions to be performed by Urban Councils. For Rural District Councils the development functions
are spelt out in Part X as well as the First Schedule of the Rural District Councils Act Chapter 29:13.
As prescribed in Part X Section 74 (1) of the Rural District Councils Act Chapter 29:13:
“Subject to this Act, a Council shall have power and authority to:
1. Promote the development of the council area
2. Formulate policies, both long term and short term, for the council area
3. Prepare annual development and other plans for the council area
4. Monitor the implementation of development plans and policies within the council area
5. Exercise any other functions in relation to development that may be conferred upon it or in terms
of this Act or any other enactment.’’
Orientation Course for Local Government Administrative Officers 47
The developmental functions of Local Governments can further be sub-divided into service delivery
functions, regulatory functions, environmental development and local economic development functions.
Service Delivery Functions
Service delivery functions of Local Governments refer to the provision of social services to citizens and
businesses directly or indirectly through external service providers both public and private. In both
urban and rural Local Governments the service delivery functions are categorized by sector which
enhances policy and legislative alignment across spheres of government. The social services include
health, education, housing, water and sewerage, electricity, roads and transport and emergency services.
Regulatory Functions
Local Governments need to apply certain controls on the activities of their citizens to ensure that their
developmental objectives are achieved. Regulatory functions include land building and works regulations,
liquor licensing regulations, trading regulations, billboards, cemeteries and traffic and parking regulations.
Environmental Development
Functions related to environmental functions include management of open spaces and recreational
facilities, conservation of natural resources, effluent or refuse removal and treatment.
Local Economic Development
In South Africa, Section 153 of the constitution states that: “A Municipality must structure and manage
its administration, and budgeting and planning processes to give priority to the basic needs of the
community, and to promote the social and economic development of the community.’’ Local
Governments should provide an enabling environment, rather than being responsible for economic
growth and job creation. While it is theoretically possible for Local Governments to play a major role in
economic development, there are serious capacity and funding constraints.
Forward Planning Functions
In other African countries, especially Anglophone countries, forward planning functions are bestowed on
LGCs via the Regional Town and Country Planning Act. In Zimbabwe Chapter 29.12 Part III of the
Regional Town and Country Planning Act confers upon both urban and rural district councils planning
authority status. However, although local boards and district councils are local planning authorities they
do not prepare their Master Plans and Local Plans unless authorized by the Minister of Environment and
Tourism. Their master Plans and Local Plans are prepared by the department of Physical Planning which
falls under the Ministry responsible for Local Government.
As planning local authorities, cities, municipalities and town councils have the duty to prepare and
implement Master Plans and Local Plans. Where necessary they may delegate this function to a
committee. Prior to the preparation of a Master Plan or a Local Plan a local planning authority has to
undertake a study of the planning area to examine factors which are likely to affect development. Local
planning authorities can also undertake studies of neighbouring planning authorities to assess factors
which might affect development of their own areas of jurisdiction. All the other functions of Local
Governments revolve around the forward planning function.
Orientation Course for Local Government Administrative Officers 48
Master plans and local plans formulate the policies of that local authority and its general proposals for
the planning area in order to foster development. The plans form the basis of the use of land and the
construction of buildings, the conservation and improvement of the environment, the economic
development of the planning area as well as the movement of traffic in the planning area.
Financial Functions
In most African countries, there are legislative provisions for the financial functions of Local
Government Councils (LGCs). These financial powers are provided as means to enable the LGCs to
fund their mandate. LGCs are therefore given powers to raise local revenues to fund their entire
mandate, or to raise local revenues that compliment subventions from central government. The
subventions from National Governmentmay take the form of grants or loans.
Typically, LGCs are designed to be largely self financing. The common sources of funds for Local
Governments are:
1. Sale of land
2. Levies, rates and rent
3. Service charges paid to council in respect of any services provided by it
4. Revenue received from income generating projects such as commercial, industrial, agricultural or
any other activity meant to raise revenue for the council
5. Transfers from the central government.
It is also common for governments to confer powers to LGCs to engage in income generating activities.
Such activities may include the sale of traditional beer, the rearing of livestock and growing of crops,
other activities for the purpose of raising revenue for the council. Virtually all councils in Zimbabwe had
liquor outlets proceeds of which went to social services. However, some of these functions are now
being commercialized.
Some governments also bestow powers on LGCs to borrow money from the state or any other source,
for purposes of executing their mandate. There usually are conditions prescribed for the borrowing of
money, including an application for borrowing powers from a higher authority. Conditions for which
LGCs may borrow money are also clearly outlined. LGCs for example may borrow money for the
following purposes:
1. The acquisition or construction of permanent works or undertakings
2. The acquisition of immovable property and any interest therein
3. The making of advances authorized by the Acts
4. The payment of compensation
5. The liquidation of the principal moneys owing on account or any previous loan
6. The relief of general distress occasioned by some calamity in the council area
7. The acquisition of plant, equipment and vehicles.
Orientation Course for Local Government Administrative Officers 49
In executing their financial functions LGCs are required by law to draw up council estimates of the
income and expenditure on revenue and capital accounts for the next succeeding financial year. Councils
are not allowed to expend any funds not outlined in these estimates except in cases of unforeseen
expenditures.
In many other African countries Local Governments largely depend on income derived from property
taxation and other service charges, while other more lucrative sources such as income tax, sales tax and
business tax are monopolized by central government. As observed by Mosha 2004, many of the key
sources of revenue for local authorities are inelastic. They do not have the capacity to yield additional
revenue in proportional response to inflation, growth of personal incomes and population growth.
Governance Functions
The governance function refers to how the Local Governments organize themselves internally and
externally in relation to constituents and service providers. This function refers to the powers that the
Local Governments use to manage their functions, which include decision making and legislation through
by-laws. Good governance is built upon an effective interface between councillors and officials, strong
links between financial and technical divisions, and an appropriate organizational structure.
It is the duty of LGCs to conduct elections to select councillors. Local Governments are divided into
small constituencies, referred to by many names including wards, payams and bomas, counties, mtaa and
villages etc. Each smaller Local Government area elects a representative to the position of a councillor.
LGCs are also bestowed with powers to make by-laws, regulations and resolutions to deal with a wide
range of local planning, development and control of the area under their jurisdiction. Other than
Parliament, councils are the only other institution which can make laws binding on local residents. These
laws have to be within national legislative framework.
By-laws of council cannot become law unless they are approved in terms of procedure that is elaborated
for their promulgation.
Orientation Course for Local Government Administrative Officers 50
Topic 4: Conceptual Framework
Introduction
It is important that a Local Government Administrator clearly understands the various terms and
concepts that apply to Local Government Administration. He/She should also be able to interpret the
objectives and guiding principles behind Local Government administration, for efficiency and
effectiveness in service delivery
Specific Objectives
By the end of this topic the Local Government Administrative Officer should be able to:
1. Define various terminologies and concepts used in Local Government Administration
2. Explain the need for Local Government in South Sudan
3. Explain the objectives and guiding principles of Local Government in South Sudan.
Content
1. Terminologies and concepts in Local Government and local governance
2. Need for Local Government in South Sudan
3. Objectives and guiding principles of Local Government in South Sudan.
Methodology
1. Individual exercises and presentations
2. Group discussions
3. Lecturers
4. Plenary discussions
Resources
1. Relevant texts and literature
2. Local Government Act
3. Flip charts
4. LCD/Overhead projector
5. Stationery
Orientation Course for Local Government Administrative Officers 51
Terminologies and concepts in Local Government and Local Governance
Local Government is a lower tier of government established for the purpose of executing those
functions which National Government is too far removed to carry out effectively and efficiently.
Local Government is also used as a system of public administration at local level established in terms of
the Constitution or Acts of parliament for the administration of local affairs by local people through
their elected / appointed representatives.
Local Government can also be defined as the creation of a legislature with democratically elected
structures that identify with the needs of the people at grassroots level and ensure the translation of
those needs into actual provision and maintenance of essential services and infrastructure on a
sustainable basis. Meyer (1999), defines Local Government as “Local democratic units within a
democratic system which are subordinate members of the government vested with prescribed
controlled government power and sources of income to render specific local services and to control
and regulate the geographic, social and economic development of defined areas.”
Reddy (1999) says “Local authorities are created to render services in defined geographical areas
primarily because of the inability of central governments to attend to all detailed aspects of
government.”
Speed defines Local Government as “government in defined parts of a country, cities, towns and rural
areas within the limits of the powers and functions conferred by a higher authority”.
From the above definitions it is important to note that Local Government is a creature of statute. It is
created through legislation, either the Constitution as is the case in South Sudan or through Acts of
Parliament. Local Government thus has assigned competencies, authority and power from a higher body
and is finally accountable to that body for the execution of assigned mandates. Whilst autonomous to a
large degree, Local Governments are finally accountable to national and states government and
ultimately to the people who elect them into power.
Having defined Local Government it is pertinent to also define local governance as the two terms have
significant difference.
Local governance is all encompassing and refers to a variety of institutions and processes government
and non –government which collectively determine the way decisions are made and executed at local
level. It thus has broader connotations compared to Local Government .Local governance will include
activities of central government, Local Government, non government organizations, the private sector,
traditional leaders and political parties among others, because all these stakeholders affect operations at
local level.
Objectives of Local Government
National Governments create Local Governments to achieve certain objectives. In many countries,
Local Governments are created:
1. To provide public services particularly those services which can be provided more efficiently and
effectively by local institutions than by central or state government (water, roads, street lights,
primary health etc.)
Orientation Course for Local Government Administrative Officers 52
2. To regulate the conduct of individual and organizations in areas under their jurisdiction within the
limits set up by National and state legislation (by laws on development control, land use, pollution,
noise, parking etc.)
3. To promote public participation in government as a means of enabling and encouraging people to
exercise their rights and responsibilities as citizens (voting for councillors and paying taxes).
National Government has set up Local Government through the process of decentralization.
Decentralization entails the transfer of functions, powers and resources to sub national levels. In the
case of South Sudan, Article 47 of the Transitional Constitution is very specific.
“South Sudan shall have a decentralised system of government”.
Decentralization has been pursued by governments as a strategy to bring government as close as
possible to the people and in the process enhance accountability and transparency. Decentralization
should however not be a strategy for dumping problematic functions to lower levels. The necessary
resources to carry out the decentralised functions should accompany such transfers to avoid creating
unfunded mandates.
While National Government has transferred powers and responsibilities to State and Local
Governments, it is prudent that these levels further transfer some functions to levels below them (e.g.
payam and boma). The aim is to transfer functions to the level where they can be most efficiently
executed. This is the principle of subsidiarity.
Main Features of Local Government
In the light of definitions above it is possible to isolate certain key features, characteristics or dimensions
of Local Government.
Local Democratic Control
1. Local Government is controlled by elected (appointed) councillors and councils operate on
statutory delegated authority
2. Local Governments are corporate bodies and have the power and duties to make decisions about
the operations of the council
3. They have a degree of discretion which enables them to tailor services to local heads.
This means that local conditions and political views can be reflected in the way in which services are
provided and administered.
Territorial Nature
Local Government has jurisdiction over a specific geographical area. It has a clearly defined territory
with legally defined boundaries. There is therefore an element of jurisdiction over land. This has
implications for Local Government in that Local Government:
Orientation Course for Local Government Administrative Officers 53
1. Is responsible for most activities necessary to ensure that the land is used efficiently and effectively
2. Derives a large proportion of revenue from land through property tax which is a land based tax
3. Urban Municipal Councils in some countries own land which they can sell and generate revenue.
Government Power
Local Government carry formal government power in terms of statutes:
1. They have coercive revenue raising power through taxation
2. They implement binding by laws
3. They have power to allocate resources.
Local Self Governance
The basic principle of Local Government is that certain services are best provided by local people who
understand local needs of their community (subsidiarity)
The principle provides for:
1. Efficiency in service provision as the quality and cost of the services are provided, monitored and
controlled by representatives of the local community
2. Participation by local people in the government of their community
3. Liberty for the individual citizen as the existence of elected Local Government provides a buffer
against direct control of local services by central or state government.
Local Self Finance
Local Governments have independent sources of revenue. They are a taxing level and have income from
a variety of sources including property tax, licences, service charges, grants, etc.
Participation and Representation
Local Government broadens the democratic space as locals elect and can be elected into council. It
becomes an important training ground for aspiring national politicians. It can also provide a buffer for
those falling from higher levels. It brings a sense of ownership of the Local Government institution by
local people. Local Government provides better interface and communication between the people and
national and state institutions. It becomes an avenue for communication between higher and lower
echelons.
Legal Personality
Local Government owes existence to statute with its powers and competencies prescribed therein. It is
a body corporate which can sue or be sued. Local Governments are also a legislative level and can
Orientation Course for Local Government Administrative Officers 54
make bylaws and enforce such by laws. In many countries, Local Governments are in charge of law
enforcement with the police falling under Local Government.
Autonomy
1. Local Governments exercise a degree of autonomy within the limits of national legislation
2. They make binding decisions through resolutions and policy choices
3. Local Governments collect and allocate resources
4. They provide services tailored to local needs to a heterogeneous citizenry at an affordable cost
5. They hire and fire their own staff.
Need for Local Government in South Sudan
The government of the Republic of South Sudan as espoused in the Transitional Constitution and the
Local Government Act G has adopted decentralisation as one of the main pillars of governance (article
47 of the Transitional Constitution and section 6(2) of the Local Government Act 2009 refer.
The need for Local Government is born out of the desire by ROSS to bring government as close as
possible to the people through the principles of subsidiarity. It is presumed that Local Government as
the level closest to the people can better articulate and respond to the needs of local communities than
the more remote state and central governments.
Local Government is also better located for the people to participate in their own government at local
level as the elected leadership is local and services and development aspired for are local in nature and
to a large extent funded locally.
Local Government also brings together all key players at local level including departments of central
government, traditional leaders, non governmental organisations and the private sectors to achieve the
common objective of improving the quality of life of inhabitants. It is therefore a key institution for
coordinating government and non government effort to achieve common goals.
Local Governments in South Sudan have also been established for the maintenance of law and order.
Section 8 (sub section 1, 2 and 3) of the Local Government Act 2009, outlines the authority base of
Local Government.
The ROSS has therefore established this level of government and assigned competences which can be
executed more efficiently and effectively at local level.
Orientation Course for Local Government Administrative Officers 55
Topic 5: Organization and Structure of Local Government
Introduction
The organization and structure of any entity determines the efficiency with which it would be able to
attain organizational goals. Local Government should therefore be organized and structured in such a
way that they are able to attain their Constitutional mandates as efficiently and effectively as possible.
The Local Government Administrative Officers in South Sudan should be able to appreciate the basis on
which the Local Government authorities have been organized and structured.
Specific Objectives
By the end of this topic, the Local Government Administrative officer should be able to:
1. Define an organization
2. Describe the structures that an organization can take
3. Explain the basis on which local authorities in South Sudan are organized
4. Describe the composition of the organs of Local Government in South Sudan
5. Explain the powers and functions of each of the organs of Local Government in South Sudan as
stipulated in the Local Government Act (2009) and the Transitional Constitution
Content
1. Meaning of an organization
2. Structure that an organization can take
3. Basis on which local authorities in South Sudan are organized
4. Composition of organs of Local Government in South Sudan
5. Powers and functions of each of the organs as per the Local Government Act and the Transitional
Constitution in South Sudan
Methodology
1. Plenary discussions
2. Group discussions and presentations
3. Lectures
4. Individual exercise sand presentations
Resources
1. Relevant literature and publications
2. Guest Speakers
3. The Transitional Constitution
Orientation Course for Local Government Administrative Officers 56
4. Local Government Act, 2009
5. Flip charts, LCD/overhead projectors
Meaning of an Organization
A Local Government that is a county, city, municipal or town council is an organization. Stoner,
Freeman and Gilbert define an organisation as “a pattern of relationships - many interwoven,
simultaneous relationship through which people under the direction of managers pursue their common
goals.”
Mooney defined an organization, as “the form of every human association for the attainment of a
common purpose.”
Robbins (2001) defines an organization as “a consciously coordinated social unit, composed of two or
more people that function on a relatively continuous basis to achieve a common goal or set of goals.”
As one considers organisations the focus is not on buildings, machines or anything tangible, but
practices, processes, procedures and relationships entered into to coordinate human talents and efforts
towards common goals.
One is focusing on the relationship between the councillors and the executive to provide services, to
make the council more viable and to respond to people’s needs and to be effective and efficient.
Structure of Organizations
In a discourse on Local Government, it is important to understand how organisations are structured and
designed. On entering many offices, one normally notices an organisation chart showing jobs and
departments and the incumbents in those jobs. The organisations chart is the most tangible and visible
depiction of an organisation structure.
The organization structure is a result of organizational design. Organisational design is the determination
of an organization structure that is most appropriate for the STRATEGY, PEOPLE, TECHNOLOGY,
and the TASKS of the organization.
CEO
Orientation Course for Local Government Administrative Officers 57
Organisation structure is the formally defined framework of tasks and authority relationships or the way
in which organisations activities are divided, organised and coordinated.
A good organisation structure is aligned to the organisation strategy. It facilitates the organisation to
realise its goals and objectives.
Organisation strategy specifies what will be accomplished. Organisation structure specifies who will
accomplish what and how it will be accomplished. In coming up with an organisational design, managers
consider four steps:
1. Division of work. Divide the work load into tasks that can be logically and comfortably performed
by individuals.
2. Departmentalisation. The process of grouping of jobs according to three factors:
a. Logic
b. Physical location
c. Social harmony.
3. Hierarchy. Specifies who reports to whom in the organisation and relates to the span of control.
That is the number of subordinates reporting to a given manager. Chain of command specifies who
reports to whom and is the basis of the organisation chart; from the CEO to the sweeper.
4. Coordination. This is the mechanism for integrating departmental activities into a coherent whole
and monitoring the effectiveness of the integration.
The classical approach to organisational design propounded by early theorises like Max Weber, Fredrick
Taylor and Henry Fayol centred around hierarchical structures guided by sets of rules and procedures.
When fully developed according to Weber, such an organisation would be characterised by:
1. Specialisation of tasks
2. Appointments on merit
3. Provision of career opportunities
4. A rational, impersonal organisational climate.
Max Weber called that a bureaucracy. Burns and Stalker in the 1960s distinguished two types of
organisations:
1. Mechanistic model/system, characterised by a bureaucratic organisation
2. Organic system, characterised by informality, working groups, open communication.
A mechanistic system is best suited to a stable environment whereas organic system is best suited to a
turbulent environment. Local Government Administrative Officers will discover that in executing their
duties they are more inclined to the bureaucracy as is the case in many public institutions. From time to
time however it is necessary to adopt an organic approach to deal with more pressing and unpredictable
challenges.
Orientation Course for Local Government Administrative Officers 58
Basis on which Local Authorities in South Sudan are Organised
Article 166 (5) of the Transitional Constitution of South Sudan specifies that Local Government shall
consist of county, Payam and Boma in rural areas and city, municipal and town councils in urban areas,
Section 22 of the Local Government Act 2009 provides for the organs of Local Government councils.
“Local Government Councils shall (not may) have the following organs:
1. Legislative Council
2. Executive Council
3. Customary Law Council
These are mandatory in terms of the law.
Composition of organs of Local Government in South Sudan
Legislative Council. Section 26 provides for the composition of the Legislative Council which shall
consist of:
1. Thirty five members directly elected from Bomas of a county or quarters of a City, Municipal or
Town Council
2. Women representatives consisting at least twenty five percent of the total membership
3. Representatives of people with special needs or/ other categories determined by regulations
4. Members of the Executive Council may participate as ex-officio members without the right to vote.
Executive Council. Section 46 of the Local Government Act 2009 provides for the establishment of
the Executive Council which shall comprise:
1. County Commissioner or Mayor of a city or municipal council or Town Clerk of a town council as
heads
2. Chief administrator shall be secretaries of the Executive Council
3. Heads of departments as members.
Customary Law Council. Section 93 provides for the establishment of Customary Law Councils in
each county. Section 94 specifies the composition of the council as comprising of:
1. County paramount chief as the head
2. All Head chiefs of the “B” courts or regional courts of the county
3. The secretary of the council who is appointed by the Customary Law Council as ex-official member
4. Three community elders three women and one youth representative appointed by the county
commissioner after consultation with the community
5. Any other ex official members as may be invited by the council.
Orientation Course for Local Government Administrative Officers 59
Powers and Functions of the Organs of Local Government
Section 23 of the Local Government Act 2009 outlines the powers and competences of Local
Government councils which are:
1. Legislative
2. Executive
3. Customary Judiciary
Section 24 lists the primary responsibilities of Local Government councils as but not limited to:
1. Regulation and maintenance of law and public order
2. Regulation, provision and maintenance of services to the people
3. Land administration and environmental management
4. Encouragement and promotion of Local development and provision of access and opportunities for
the people to engage in the development of their communities
5. Protection of the rights of the people and their interests.
The law also provides for the specific functions of the organs of the Local Government councils.
a. Powers and Functions of the Legislative Councils
The Legislative Council shall have powers to make by laws within its jurisdiction.
1. The Legislative Council shall legislate in accordance with the provisions of Appendix II schedules I, II,
III and IV of the Act or any other law applicable
2. Supervise and oversee the performance of the Executive Council.
It is important to note that Appendix II schedule I outlines 36 powers for LGCs ranging from provision
of basic services to protection of government flags and emblems Schedule II outlines concurrent powers
which are 33 in all ranging from Local Economic and Social development to firearms licensing, schedule
III deals with residual powers and schedule IV deals with resolution of conflicts in respect of concurrent
power. The Legislative Councils are mandated to legislate in accordance with the aforementioned
provisions
b. Powers and functions of the Executive Council
The Executive Council as provided for in section 47 of the Local Government Act, 2009 has the
following functions:
1. Undertake the general planning and administration of the Local Government Council
2. Provide services to the people
3. Approve administrative policies proposed by functional units of the council
4. Implement policies and by-laws passed by the Legislative Council
Orientation Course for Local Government Administrative Officers 60
5. Prepare annual budgets and reports to the Legislative Council on progress of the Executive work
6. Report to the Legislative Council upon its requests
7. Initiate Acts for submission to the Legislative Council
8. Exercise powers and competence specified in schedules I, II, III and IV.
c. Functions and Duties of Customary Law Council
Section 95 of the Local Government Act 2009 provides for the functions and duties of Customary Law
Councils as follows:
1. The Customary Law Council shall protect, promote and preserve traditions and norms of
communities
2. Regulate, maintain, monitor and ensure proper administration of Customary Law
3. Members of the Customary Law Councils shall be impartial in the performance of their functions.
Orientation Course for Local Government Administrative Officers 61
Topic 6: Role of Elected and Appointed Officers
Introduction
The administration of Local Government in South Sudan consists of both elected and appointed officials.
Each of these categories of officials has been assigned legally, certain roles functions and authority by the
relevant legislation. However their roles, functions and authority should not be seen to be in conflict,
but should be complimentary in nature.
Specific Objectives
By the end of this topic, the participating Local Government Administrative Officer should be able to:
1. Identify the elected and appointed officials of Local Authority
2. Describe the role, functions and authority of elected officials
3. Describe the role, functions and authority of appointed officials
4. Discuss the operational structures of the elected and appointed officials
Content
1. Elected and appointed officials
2. Roles, functions and authority of elected officials
3. Roles, functions and authority of appointed officials
4. Operational structure
Methodology
1. Individual exercises/presentations
2. Group discussions and presentation
3. Plenary discussions
4. Lectures
Resources
1. Guest speaker
2. The Transitional Constitution
3. Local Government Act
4. Flip charts
5. LCD/overhead projectors.
Orientation Course for Local Government Administrative Officers 62
Elected and Appointed officials
Elected Officials
Elected officials come into Local Government Councils through a plebiscite or universal suffrage. In the
case of South Sudan, elected officials are:
1. County Commissioner
2. Mayor
3. Councillors
The County Commissioner shall be directly elected by the people of the county. The Mayor shall be
directly elected by the people of the city or municipal council. A councillor shall be elected from Bomas
of counties or quarters of city, municipal or town council. The term of office for the elected officer is 4
years.
The Local Government Act 2009 also provides in sections 27, 49 and 53 qualifications for Councillor,
County Commissioner and Mayor respectively. Besides being Sudanese and literate, the issue of honesty
is emphasised through disqualification of any person convicted for dishonesty in the last seven years.
The elective posts also have age limits with the Legislative Council position requiring at least 21 years of
age, whilst county commissioner and mayor aspirants have to be at least 30 years. Some degree of
maturity is thus required for the latter posts.
For County Commissioner and Mayor, the Act further stipulates academic qualifications beyond literacy
by calling for at least a Sudan School Certificate or equivalent. Mayors and County Commissioners
peruse documents and engage in important discussions which require comprehension and grasp of both
the written and spoken word.
The issue of minimum academic qualifications needs to be taken note of by Local Government
Administrative Officers and Town Clerks as this creates problems during nomination of candidates for
election. More often than not the preferred party candidate who may be a key figure in the party may
not have those minimum qualifications. The particular party may relentlessly push for the nomination of
such a candidate against all legal advice from the returning officer. If they succeed to have the name on
the ballot and the candidate goes on to win, a legal challenge will be mounted by losing candidates
resulting in disqualification of the winner and therefore loss of the seat by that particular party. Such
parties have usually vented their anger on the returning officers and any senior executive functionaries in
the area for not having proffered advice.
It is important therefore for Local Government Administrative Officers to make thorough checks on
prospective candidates and ensure they comply with minimum requirements to avoid a backlash which
can make it impossible for one to operate in that area thereafter.
Orientation Course for Local Government Administrative Officers 63
Appointed Officials
Appointed officials come into council on the strength of their academic and professional training. These
include:
1. Executive Director for a County Council
2. Chief Executive Officer for a City Council
3. Chief Executive Officer of a Municipal Council
4. Town Clerk of a Town Council
5. Local Government Administrative Officer.
Chief Administration Officers are recruited by Local Government Councils from the general list of the
Local Government Administrative Officers of the State in terms of section 59 of the Local Government
Act. Local Government Administrative Officers are recruited in terms of section 66 of the Act while
other local staffs are recruited by the Local Government in terms of section 68 of the Local
Government Act 2009.
Section 67 provides for the secondment of staff from State authorities to fill vacant posts on council.
Roles, Functions and Authority of Elected Officials
a. County Commissioner
Sections 48 and 52 of the Local Government Act 2009 outline the roles and functions of the County
Commissioner. As a representative of State Governor and head of the Executive Council, the Act has
unambiguously placed accountability for the performance of the county on the County Commissioner.
The County Commissioner is also accountable to the Legislative Council in the discharge of his/her
functions. The Legislative Council has the power to remove the County Commissioner in terms of
section 50 (4)
b. Mayor
The Mayor, like the County Commissioner, is accountable for the performance of the city council or
municipality. The Mayor represents the State Governor and is head of the municipal council or city
council. The Mayor is accountable for the Legislative Council which has the power to remove him/her
from the office. Sections 53 and 57 outline the powers and functions of the mayor and section 55 (4)
deals with his/her removal from office.
c. Councillors
By being members of the main body of the Local Government Council, the Legislative Council,
councillors play a key role by participating in the formulation of policy and relevant legislation for
implementation by the executive arm of council. Most of the deliberations in council are conducted in
committees set up in terms of section 34 (1) of the Act.
Orientation Course for Local Government Administrative Officers 64
Council Committees
The act provides for two types of committees: Standing Committee and Ad hoc Committees. Standing
committees are generally defined as committees which are in existence during the tenure of the
appointing body. The Act has left the establishment and allocation of functions to the respective
councils. Local Government legislation in other countries normally prescribes certain key committees
which should be in a place but allows councils the discretion to establish any other committees. Among
the more common committees in other jurisdictions are:
1. Finance and Human resource committee – to regulate financial resources of council and human
resource issues
2. Planning and works- focusing on infrastructure, roads, water, sewer and street lights, planning issues,
building etc.
3. Health , housing – dealing with health and housing issues , refuse collection, housing stands
4. Education, sports and recreation
5. Audit committee – Inquiring into the utilisation of council resources
6. Agriculture conservation and Natural resources-Agricultural issues, conservation and utilisation of
flora and fauna
7. Land committee – (section 91).
Business in committees is normally held in private with only the committee members and relevant
officials present. Chairpersons of council are normally ex-officio members of council.
Full council meetings are open to the public, but the public does not participate, unless invited and being
on the agenda. Even senior members of political parties, members of parliament etc. cannot take part or
contribute in full council or their committees. Council committees after deliberating on issues will
recommend possible course of action to full council. Full council is the one which will then pass a
resolution on the actual course of action or policy.
Decisions in council are normally by consensus but where there is need to divide the house then votes
may be cast. In the event of an equality of votes, the chairperson over and above his / her deliberative
vote will have a casting vote.
For full council or committees to proceed with a meeting, there is need for quorum.
Roles of Councillors
The councillor’s role does not end in the council chamber. Having gone into council through elections,
the councillor has a Constituency which has certain expectations from her/him. The UN Habitat training
materials series (1996) identifies a number of roles for councillors as follows:
1. Representative of the people
2. Communicator
3. Facilitator
Orientation Course for Local Government Administrative Officers 65
4. Power broker
5. Decision maker
6. Policy maker
7. Enabler
8. Financier
9. Overseer
10. Institution builder
11. Leader
Representative of the People
1. Represents peoples’ interests as opposed to representing personal interests
2. Articulates concerns and interests of his/her constituency and provides feedback (communication
link)
Policy Maker
1. Sets long term goals and develops strategic plans
2. Sets human, financial, material resources policies
3. Sets by laws
When council takes a passive role in policy making other forces move in.
Decision Maker
1. The councillor makes up his or her own mind when there is an option or choice
2. Need to go through the facts, seeks clarifications before making a decision
3. Band wagoning should be avoided
Communicator
1. This is the most visible role to communities
2. A councillor gives and receives information, ideas and feelings
3. Communication could be in an informal or formal setting e.g. in council or at a church gathering
4. Issues being communicated are many (complaints about service delivery, requests, favours, ideas,
etc.
5. A councillor should be a good listener, should be open and receptive
Orientation Course for Local Government Administrative Officers 66
6. A good communicator has good knowledge about the organisation. Accuracy of information
transmitted is vital. Inaccurate information leads to loss of integrity. A councillor should avoid over
promising people. A councillor must not be scared to be a conveyer of both good and bad news.
The Enabler
1. A councillor should be a catalyst who enables things to happen by bringing in other players to deal
with community challenges as council alone may be unable to meet the challenges
2. This is made possible by the councillor making it easier for others to participate e.g. NGOs, CBOs
and the private sector
3. Listening to ideas and assisting members of the community to benefit fulfil their aspirations
4. A councillor should know key institutions where members of the public can be assisted within and
outside council
5. The councillor should be a building block not a roadblock for development
Facilitator
1. Fosters collective efforts
2. Helps solve problems
3. Manages conflict.
Negotiator
1. Helps others reach an agreeable solution when they have differing interests and needs
2. Peace building especially for communities emerging from conflict.
Financier
1. Makes decisions about raising, allocating and spending public funds through the council budget.
Overseer
1. Ensures council staff are performing as expected (not supervise directly as an individual but as
council)
2. Focus should not just be on wrong-doing and misconduct but the attainment of organisational goals.
Power Broker
1. Uses power to get things
2. Uses power positively to attract development
Orientation Course for Local Government Administrative Officers 67
3. Not to abuse power for corrupt practices.
Institution Builder
1. Supports capacity building of staff, councillors and the organisation to achieve its goals.
Leader
Leadership is a role crucial in bringing positive and significant changes to the lives of the community.
Steven (1991) outlines qualities of a good leader:
• Knowledge
• Integrity
• Ambition
• Judgement
• Communication skills
• Courage
• Stamina
• Organisational skills
• Administrative ability
• Planning ability
Role and Functions of Appointed Officials
a. County Executive Director
Section 61 of the Local Government Act outlines the functions of the County Executive Director. Other
than being deputy County Commissioner, the Executive Director is also accounting officer of the county
and in charge of the staff and operations of the county section 61 (2e). The implementation and
execution of resolutions of the county is his/her responsibility.
b. Chief Executive Officer
Section 63 outlines the functions of the CEO at municipal and city council level where he/she is also
accounting officer and responsible for the performance of the council. The CEO is also Deputy Mayor of
the City or Municipal Council.
c. Town Clerk
The Town Clerk is in a unique position, unlike the Executive Director and Chief Executive Officer who
report directly to elected leader on a day to day basis, the town clerk represents the County
Commissioner when at Town Council. He or she heads the Town Executive Council and chairs the
Orientation Course for Local Government Administrative Officers 68
Town Security Committee in his town, the Town Clerk is in charge and accountable. The Town Clerk’s
powers, functions and duties are provided for in section 64 of the Act.
Operational Structures
For councils to execute their functions, the Local Government Act provides for structures to be
established by council in the same manner that they act provides for the establishment of committees.
Executive Council
Section 45 provides for the establishment of an Executive Council. Section 46 outlines the membership;
Section 47 specifies the powers and functions of the Executive Council.
A distinguishing feature of the Executive Council is that it brings together the elected (County
Commissioners and mayors) and the Appointed Executive Directors and Chief Executive Officers. This
way, political and professional skills are brought to bear on the operations of councils for effective and
efficient execution of functions.
Technical Departments
The Local Government Act empowers councils to set up technical departments headed by officials who
become members of the Executive Councils. Section 70 specifically provides for the establishment of a
Council Planning Unit. Section 71 outlines the duties and functions of the Planning Unit.
Departments of Council as indicated above will be designed based on functions to be carried. In Local
Government operations each department of council will provide the necessary technical and
professional back up to committees of council. The finance committee works closely with the
treasury/Finance department. Reports discussed in the finance committee are generated by the
treasurer’s department. Issues directed to the finance committee by council arising from motions or
with financial implications will be discussed by the finance committee together with treasury officials.
Treasury officials carry out the investigation and research around the issues and prepare the reports
which will be deliberated by members of the committee to enable them to make informed and
intelligent recommendations to council. It is also normal for the chairperson of the committee to discuss
with the head of a department the agenda before hand in preparation for a meeting so that the
chairperson has a clear grasp of issues to be discussed. Committee members can also seek clarifications
from relevant departmental officials on items on the agenda to enable them to make meaningful
contributions in committee or full council.
In short the deliberative body of council or its committees need to work hand in hand with the
Executive body of appointed officials to achieve organizational goals.
Orientation Course for Local Government Administrative Officers 69
Topic 7: Traditional Authorities and Local Government
Introduction
Traditional leadership which is rooted in the culture, customs and history of a people, is a major aspect
of Governance in South Sudan. It is important that Local Government Administrative Officers
understand the community stewardship role traditional leaders play in the day to day lives of the people,
especially rural communities.
Specific Objectives
By the end of this topic the participating Local Government Administrative Officer should be able to:
1. Identify the structures and categories of traditional leaders in South Sudan.
2. Explain how such traditional leaders assume office
3. Describe the status of traditional leaders as stipulated in the relevant legislations.
4. Explain the roles played by the traditional leaders in governance and development.
Content
1. Categories of structure of traditional leaders
2. Assumption of office by traditional leaders
3. Status of traditional leaders in accordance with relevant legislations
4. Roles played by traditional leaders in governance and development.
Methodology
1. Group discussions and presentations
2. Individual presentations
3. Plenary discussions
4. Lectures.
Resources
1. The Transitional Constitution
2. The Local Government Act 2009
3. Relevant literature
4. Guest speakers
5. Flipcharts
6. LCD/overhead projector.
Orientation Course for Local Government Administrative Officers 70
Categories and Structure of Traditional Leaders
Article 174 of the Constitution provides for the institution of Traditional Authority. Section 113 of the
Local Government Act 2009 states the types of Traditional Authority in South Sudan which are
kingdoms and chiefdoms. Section 115 outlines the composition of decentralised chiefdoms inclusive of
Paramount Chief, Head Chief and Executive Chief.
Establishment and Assumption of Office
Section 116 of the Act details the criteria for the establishment of chieftainship. Section 116(2) is
instructive:
“All the existing decentralised chieftainships shall be organised in accordance with the criteria set forth
in this section (“section 116).
The implementation of this section needs to be handled with care considering the traditional, cultural
and customary nature of traditional authority.
The procedure for election or selection of chiefs is provided for in section 105 of the Local
Government Act. Section 105(1) empowers the County Commissioner, Mayor or Town Clerk to
appoint a county court judge to preside over a committee for the selection of the chiefs.The committee
will receive names of candidates and thereafter electing or selecting the successful candidate and submit
the name to the County Commissioner, Mayor or Town Clerk for appointment.
The procedure looks straightforward. It is however important for Local Government Administrative
Officers to note that key and powerful positions like chieftainship are heavily contested for. They will
normally be many claimants and there may be challenges even after the successful candidate has
emerged. It is therefore important to accurately record all proceedings relating to the selection or
election of a chief.
The minutes for the proceedings should include all those in attendance and their contributions and how
the final decision on selection was arrived at. In the event of a legal or any other form of come back, the
minutes will be a useful tool in indicating the procedure followed. The minutes will also become a
reference point in future including the selection of the next chief. In other countries, where chieftainship
succession is on lineage it has become necessary to develop the family trees of chieftainship as a
reference point when succession issues come up.
Interest on who assumes chieftainships in particular can attract the attention of party and government
heavy weights. Some may have direct interest through family or clan origins. For this reason, proper
records of chieftainship need to be kept and regularly updated. In some countries chieftainship
succession has become so intense that many succession issues end up in courts of law.
Orientation Course for Local Government Administrative Officers 71
Status of Traditional Authorities
Section 112 of the Local Government Act outlines the status of Traditional Authorities which shall:-
1. Be semi- autonomous authorities at the State and Local Government levels
2. Administer customary law and justice in the customary law courts in accordance with the provision
of the Act and any other applicable law
3. Exercise decentralisation powers in the performance of Executive functions at the Local
Government level within their jurisdiction.
Customary Law Courts
Traditional authorities have an important judiciary function through their adjudication of customary
disputes. Local Government Act establishes a hierarchy of customary law courts presided over by
traditional leaders.
Section 98 details the competences of customary law courts.
The act further provides for the establishment of a Council of Traditional Authority leaders in section
120.
Council of Traditional Authority
1. The 45-member Council has duties and functions outlined in section 121
2. Among the functions of the Council is to provide an avenue for communication with all levels of
government on matters of customs and tradition
3. The Council is also mandated to intervene to resolve inter tribal disputes by applying customary and
traditional conflict resolution mechanisms.
Roles Played by Traditional Leaders in Governance and Development
Duties of Traditional Authority Leaders
Section 121(2) provides for the duties of Traditional Authority leaders. Their customary and traditional
role is emphasised since it is through custom, tradition and culture that people of a particular tribe or
country are normally defined. Traditional Authority leaders are therefore custodians of the culture,
traditions and customs of communities and nations.
Over and above legally provided for functions, traditional authority leaders have other functions which
arise out of the customary and traditional office they occupy.
Being part of the communities they lead, and living within those localities they are better placed to
appreciate and articulate the challenges communities face in their day to day lives.
Orientation Course for Local Government Administrative Officers 72
They are accorded respect by communities through customs and traditions and are recognised
community leaders. They can thus play a key role in sub county development structures at Payam and
Boma levels. Traditional authority leaders are better placed to mobilise communities for various causes.
It is for this reason that they have become important allies for development agents and a useful entry
point for community based development initiatives. Politicians in many countries have also realised the
criticality of this institution especially during election campaigns.
They have people behind them. Successive governments in many countries from colonial times to date
have sought to be aligned to traditional leaders through persuasion or coercion. The institution has also
demonstrated a resilience to survive even under great odds.
Section 88-92 on Land and Local Resources of the council emphasise the need to respect existing
customary practices in land acquisitions and management. The role of traditional authorities in this
regard need not be over emphasised.
Section 108 recognises the importance of the clan and family as a unit of social organisations. The
headman who is a traditional leader is charged with leadership at that level. By maintaining social
harmony and stability at grass root level, it is possible to focus on addressing pressing community
development challenges and aspirations.
Orientation Course for Local Government Administrative Officers 73
Module 4: LOCAL GOVERNMENT MANAGEMENT
Topic 1: Organization
Topic 2: Role of a Manager
Topic 3: Local Government Management Operations
Introduction
Different entities and enterprises are established by people either individually or in groups for purposes
of achieving certain defined goals and objectives. Such entities are essentially what may be referred to as
an organization. Local Governments with their own individual mandates and objectives are
organizations. It is imperative therefore that a Local Government Administrative Officer understands the
essentials of a Local Government as an organization
Specific Objectives
By the end of this topic, the participating Local Administrative Officers should be able to:
1. Explain the principles of organization
2. Describe the organization as a system
3. Describe the process of organizational design and structure
4. Discuss the significance of organizational culture
Content
1. Principles of organization
2. Organizations as a system
3. Process of organizational design and structure
4. Significance of organizational culture
Methodology
1. Lectures
2. Individual exercises and presentations
3. Quizzes
4. Group discussions and presentations
5. Case studies
Orientation Course for Local Government Administrative Officers 74
Resources
1. Trainers
2. Guest speakers
3. Relevant literature
4. Sample organizational structures
5. Cases
6. Flip charts
7. Audio-visual aides
8. Stationery
Orientation Course for Local Government Administrative Officers 75
Topic One: Organization
Principles of Organizations
As already discussed elsewhere, organising is the aspect of management that focuses attention on the
structure and process of allocating jobs in order for common objectives to be achieved. It can also be
considered as the element of management concerned with change or growth of the organization.
From this perspective then, the organizational structure is the basic framework within which
management’s decision making behaviour occurs. The structure therefore reflects the way in which
activities in the organization are grouped for purposes of achieving the objectives of the organization. It
also affects the assignment of these activities to appropriate departments. It further provides for the
authority relationships, delegation and coordination within the organization
In trying to come with the appropriate organization structure managers do try to follow certain
principles of organizations. These include:
1. The principles of unity of objective. In accordance with this principle every part of the
organization must contribute to the attainment of the overall objectives of the organization.
2. The principle of span of control. In this case, in designing the organization, consideration is
needed to find out the number of workers that an individual manager can effectively manage.
3. The principle of delegation. In accordance with this principle authority, should be delegated as
far down the hierarchical levels as possible.
4. The principle of unity of command: According to this principle, each subordinate should be
answerable to only one supervisor.
5. The scalar principle. This principle states that a clear line of authority should be in existence for
all parts of the organization.
6. The principle of responsibility: According to this principle the responsibility of a subordinate to
a supervisor for delegated authority is absolute and that the responsibility should be on per with
the authority given.
7. The exception principle. This principle states that recurring decisions should he handled in a
routine manner by lower level managers, while unusual problems should be referred to higher
levels.
Organization as a system
An organization is a system. A system can be defined as a set of interrelated and inter dependent parts
arranged in a manner that produces a unified whole. The organization has its structures in terms of
departments and divisions and other smaller units. It also has organs in terms of buildings, machines, and
human beings. The organization using these organs has different systems such as production systems,
communication systems, procurement systems and control systems among many others.
Orientation Course for Local Government Administrative Officers 76
A system can be either a closed system or an open system. A closed system is not influenced by, and
does not interact with its environment. It is self sustaining and self sufficient.
An open system on the other hand interacts with the environment. It interacts with the environment in
order to obtain inputs. These inputs include:
1. Raw materials
2. Human Resources
3. Capital
4. Technology
5. Information
These inputs are then processed or modified to produce outputs. However as the processing or
transformation is taking place, there is need for feedback on the quality and quantity of inputs that are
used. Feedback is also needed on the production (transformational) process as well as the nature of the
output. The diagram below shows these relationships of an open system.
FEEDBACK SYSTEM
All different parts of the organization must function at the optimum levels in order to produce
the best results.
Process of organizational design and structure
The efficiency of an organization depends among other things on how that organization is designed (i.e.
its structures) for purposes of implementing its planned operations and responding to changes in its
environment. This is because it is the design that will determine the efficiency with which information
flows into the organization and the authority relationships in the organization. The organization design is
INPUT PROCESS OUTPUT
Raw materials
Human resources
Capital technology
Information
Employees work
activities
Management
activities
Technology and
operational
methods
Goods and
services
Financial results
Information
ENVIRONMENT
ENVIRONMENT
Orientation Course for Local Government Administrative Officers 77
the vehicle by which the organization implements its planned operations. A good design indicates levels
and communication lines. It determines the various levels in the hierarchy, the responsibilities of each
level, the regulating line through the hierarchy and the distribution of duties. However before such
structuring is done, It is necessary to formulate the vision, mission and strategy of the organisation. Any
change in vision and strategy would lead to restructuring of the organization. A well designed
organization has been compared to a healthy person.
The structure is like the skeleton that provides the basic support, while the strategy is the brain, the
financial resources its blood, the technology and information systems; the nervous system and the
muscles. Without the appropriate structure, the organization will wobble and even collapse.
There are certain factors that should be considered in designing an organizational structure. These
include:
1. The vision, strategy and objectives of the organization, what the organization is trying to achieve will
determine its strategies which in turn will to a large extent dictate the best structure to be adopted
in support of these. The principles here are that purpose drives structure.
2. The resource capability and size of the firm. Obviously an organization with inadequate resources
can not adopt a very complex structure. A small organization in terms of human resources would
best be served by a simple structure. A large organization because of its greater range and
or/complexity of operations and number of personnel, will need a more complex structure.
3. Process requirements in provision of goods and services (whether labour intensive or capital
intensive, others could be highly technology driven).
4. Product/service range, which can determine the extent to which functional or divisional structures
are best.
5. Geographical spread which determines the extent to which functional resources can be shared
among departments.
6. Technology, in that the more routine the technology the more formalised and differentiated the
structure.
7. Organizational culture, since some structures require particular attitudes and behaviours to operate
effectively.
8. Organizational and strategy development, for example, as a business grows and becomes more
complex, different organizational structures may be appropriate at different stages.
9. External environment, whereby more formal structures tend to be more suited to stable unchanging
environments whereas more organic structures are more suited to dynamic changeable
environment.
Research has shown that large organizations perform better if they are bureaucratically structured,
while small organizations perform better with no formal structure.
Orientation Course for Local Government Administrative Officers 78
Significance of Organizational Culture
Culture may be defined as shared beliefs, values and code of ethics that bind a community, group of
people or organization together. It is a cohesion and tradition that symbolises a society’s or a
community’s identity. It is rules and regulations that guide their behaviour and make them unique from
any other society, community or organization.
We have already mentioned that an organization can be defined by structure, size, vision and strategy or
by the products and services they provide, their finances and management. But there are less visible
elements an organization, such as the values, attitudes and beliefs held by the managers and employees,
norms of behaviour and internal politics that are powerful drivers of decisions and actions. These
informal elements of an organization help to define the organizational culture. The components of
organizational culture may include things like:
• Artefacts – Language (jokes, metaphors etc)
• Behaviours patterns (rituals, ceremonies, celebrations)
• Norms of behaviour – symbols and symbolization
• Beliefs, values, attitudes – ethical codes
• Basic assumptions – history.
The importance of culture in an organization is to create harmony, cohesiveness and collectiveness
among the organization’s employees. Arising from an organization’s, culture, certain types of
organizational personalities arise namely:
• Strong risk taking, where employees are encouraged to take risks
• Strong attention to detail – organizational focuses on detail
• Strong outcome orientation such as customer service
• Strong people orientation (employees the focus of organization)
• Strong team orientation (operations organized around teams who define the essence of their
destiny)
• Strong aggressiveness (exhibited through entrepreneurial in spirit, copyright protection, etc.)
• Strong non–stability (emphasis on growth etc.)
These organizational personalities are consequences of the dimensions of organizational culture
illustrated below.
Orientation Course for Local Government Administrative Officers 79
Dimensions of Organizational Culture (Robbins and Coulter 1999)
Innovation and
Risk Taking
Low...... High
Attention to
Detail
Low................High
Stability
Orientation
Low..........High
Organisational
Culture
Outcome
Orientation
Low..............High
Aggressiveness
Low......... High
Team Orientation
Low................high
People
Orientation
Low..............High
Orientation Course for Local Government Administrative Officers 80
Topic 2: Role of a Manager
Introduction
For an organization to ensure the achievement of its goals and objectives it needs to be given directions
in the conduct of its activities so that all people and resources involved operate in concert and harmony.
This is essentially the role of a manager. Local Government Administrative Officers provide direction in
the conduct of Local Government affairs, and are therefore managers. They should therefore clearly
understand their roles.
Specific Objectives
By the end of this topic, the participating Local Government Administrative Officer should be able to:
1. Define Management and a manager
2. Describe the roles of a manager in an organization
3. Explain the skills and qualities of an effective manager
4. Define the roles of Local Government manager in South Sudan.
Content
1. Meaning of management
2. Manager
3. Role of a manager in an organization
4. Skills and qualities of an effective manager
5. Role of a Local Government Manager in South Sudan.
Methodology
1. Group discussions and presentations
2. Plenary discussions
3. Individual exercises and presentations
4. Lecture
5. Case studies
Resources
1. Trainers
2. Relevant literature
Orientation Course for Local Government Administrative Officers 81
3. Audio-visual aides
4. Flip charts
5. Stationery
6. The Local Government Act of 2009
Defining Management and a Manager
Management can be defined as the “art of getting things done through people” it is the process of
planning, organizing, directing and controlling the efforts of the organization’s members and using all
other organization resources to achieve stated organizational goals. These other organizational
resources include materials and money. All of these including the most important resource, i.e. the
human resource, should be combined and utilized in the most optimal way in the realization of
organizational goals.
Arising from these definitions of management then a manager is one who gets result through the use of
others efforts. The scope of operations is immaterial it can be at a very low scale or at a very high scale,
but the one who is responsible for getting results through the proper harnessing of the efforts of other
people, is a manager. We can best understand who a manager is by looking at the tasks and activities
that a manager performs:
1. A manager works with and through other people including subordinates, colleagues, managers,
customers, suppliers, among others. He/she is therefore a channel of communication within the
organization
2. A manager is responsible and accountable for the activities, tasks and objectives of his/her
department unit or team
3. A manager balances competing goals, and sets priorities
4. A manager mediates and resolves conflicts among other people in his/her department unit or team
5. A manager builds relationships and uses persuasion and compromises in order to promote
organizational goals
6. A manager represents his or her departments, unit or team at organizational meetings
7. A manager makes decisions.
The Roles of a Manager in an Organization
There are certain basic roles that a manager is expected to play in an organization. These can be
categorized into interpersonal roles, informational roles and decisional roles. Let us look at each of
these roles more closely.
1 Interpersonal Roles - In this case a manager is supposed to play these following roles:
Orientation Course for Local Government Administrative Officers 82
a. Figurehead- He is the one who is at the forefront of activities and operations in his
department unit or team, he is the one who is the embodiment who gives substance to the
group.
b. Leader – A manager is expected to provide leadership by giving direction to the group. He/She
plays this role by essentially being a role model to the others in the performance of his or her
duties and tasks and by providing the necessary guidance and direction to the others in the
group.
c. Liaison - In this case the manager acts as the ambassador of the department unit or team. He
represents the group in other fora such as meetings in other departments or with senior
management and articulates the interests of the group.
2 Informational Roles - In this case, the manager is supposed to play the following roles:
a. Monitor – He is the one who is expected to check on progress of the group’s activities and in
the attainment of their objectives and targets.
b. Disseminator – The manager is the centre of communication for the group. He is the one
who receives and passes information to the group members for purpose of effective
performance of common responsibilities.
c. Spokesperson - The manager is the one who speaks on behalf of the group team. He or she
articulates the interests of the group and gives the group’s position in any negotiations with
others.
3 Decisional Roles - In this case the manager is expected to play roles such as:
a. Entrepreneur -an entrepreneur Identifies opportunities and lays strategies to exploit them for
his or her benefit. In the same manner the manager is expected to identify opportunities for
his/her group for continued growth and development and exploit them.
b. Disturbance handler- A manager is expected to resolve conflicts that may arise within or
with the group. He should be able to settle disputes among the staff ensuring that peace and
harmony prevails for the attainment of common goals.
c. Resource allocator - The manager is the one who distributes resources among the staff for
the effective performance of their duties, he is the one who is responsible for ensuring that
necessary resources are available by sourcing them appropriately.
4 Negotiator – A department unit or team is always in negotiations with other departments units,
teams or even the union. The manager should be the one to lead such negotiations, be they in terms
of sharing available resources or work.
Orientation Course for Local Government Administrative Officers 83
Skills and Qualities of a Manager
There are certain skills that a manager should have in order to be effective in his or her work. These
skills include:
1. Technical Skills – A manager should be competent and knowledgeable in the field in which he is
working. This is necessary so that he can command the respect of those that he is leading. He
should be able to lead by example in his masterly of the mechanics of his particular job whether in
finance, human resource or other technical fields.
2. Human Relationships Skills – The Manager should have the relevant skills to enable him to
relate well with all people at work, subordinates, colleagues and supervisors. He should have the
ability to work with, understand, and motivate others. He should in this respect be adept at
conflict resolution.
3. Conceptual Skills - The manager should have the ability to relate issues to their rightful context.
He should have the mental ability to coordinate and integrate the organizations interests and
activities within their respective spheres of responsibilities.
In addition to the skills discussed above a manager should have certain qualities for him to be effective in
his / her work. These include:
1. Communication – A manager should be a good communicator so that he can be able to pass on
his ideas to others effectively
2. Salesmanship -In line with being a good communicator, a manager should be a good salesperson
so that he can be able to sell his ideas to others. It is not enough to communicate ideas but the
ideas need to be sold to others so that they can embrace and accept them.
3. Decider- A manager should be good at decision making. He should not postpone making
decisions. However decisions should be made based on rational criteria.
4. Broad Perspective - A manager should be able to see and conceptualize the broad issues
relating to any particular case.
5. Integrity – A manager should be a person of high integrity not given to corruption and deceit so
that he can command the respect of those he leads.
6. Empathy - A manager should be a person who is able to project himself into the “shoes” of
others and perceive issues and project feeling as those other people do.
7. Honesty– a manager should have a high degree of honesty so that people can always believe and
trust in his utterances and actions.
Orientation Course for Local Government Administrative Officers 84
8. Credibility – The actions and pronouncements of the manager should be such that they
engender trust in the people. A manager should not preach water and drink wine. But should walk
the talk.
9. Persistence – A manager should not be a person that is easily discouraged but should follow
issues to their logical conclusions.
Role of Local Government Manager in South Sudan
The Local Government manager in South Sudan would include the Executive Director, the Chief
Executive Officer and/or the Town Clerk. The roles of these managers as outlined in the Local
Government Act 2009 section 61 63 and 65 are among others to:
1. Advise the elected officials on all technical matters of the local authority
2. Oversee public order and functions of the local authority
3. Implement the policy decisions and programmes of the local authority
4. Supervise the administration and management of the local authorities’ finances, personnel, stores,
workshops, public utilities and recreational centres, procurement and maintenance of movable and
immovable public assets
5. Implementation and or execution of the resolutions of the local council authority
6. Monitor and evaluate the programmes and activities of the local authority
7. Supervise and coordinate the technical functions of the local authority
8. Conduct performance appraisal of the seconded staff and report on their work to senior officials
and the state ministry concerned
9. Develop capacity development programmes and make recommendations for support and technical
staff, and administrative officers to the State ministries concerned
10. Ensure safe custody of all the local authority records and funds
11. Mobilise and organise the public to play an effective role in service delivery and development
12. Coordinate government, non-governmental, private, and community activities and functions in the
local authority
13. Perform other functions and duties as prescribed by any other applicable law and or delegated by
higher authority.
Orientation Course for Local Government Administrative Officers 85
Topic 3: Local Government Management Operations
Introduction
For a Local Government to effectively carry out its mandate, there are certain operations to be carried
out and procedures and processes to be followed. It is important that the Local Government
Administrative Officer as a manager within the Local Government understands such operations,
procedures and processes so that he/she can carry out his/her duties effectively and efficiently.
Specific Objectives
By the end of this topic, the participating Local Government Administrative Officer should be able to:
1. Describe the operational structures of the Local Government
2. Explain the functions of each operational structure
3. Explain the roles of the elected and appointed officials in the operational structures of the Local
Government
4. Describe the procedures followed in executing the functions of the Local Government
Content
1. Operational structures of Local Government e.g. – Legislature, committees, departments, Local
Government Board
2. Functions of each of the operational structures
3. Roles of elected and appointed officials
4. Procedure in executing functions of Local Government e.g. meetings and their conduct, minutes and
reports, records management.
Methodology
1. Group discussions and presentations
2. Plenary discussions
3. Individual exercises and presentations
4. Lecture
5. Quizzes
Resources
1. Trainers
2. Guest speakers
Orientation Course for Local Government Administrative Officers 86
3. Local Government Act 2009
4. Interim Constitution
5. Audio-Visual aides
6. Flip charts
Operational Structures of Local Government Council
As discussed in Module 2, the Local Government Act 2009 provides for operational structures of Local
Government Councils and their functions.
Organization of Local Government Councils:
Legislative Council
The Legislative Council is established in terms of section 25 of the Act and is the highest Legislative body
in council. Section 26 provides for the composition of the members and their categories. There shall be
35 members in all. Eligibility for membership is captured in section 27. Members of the Legislative
Council are elected through universal suffrage for a four year term of office.
1. Section29 is significant and the Local Government Administrative Officers have to bring the section
to the attention of councillors at the first meeting after a general election or for councillors coming
in through a by-election. This section details how councillors can lose their membership of the
Legislative Council. Of particular significance is section 29 (1b).
2. “ An elected councillor may lose his or her membership or position upon resolution by a two thirds
majority of members of the Legislative Council if he or she fails to attend three consecutive ordinary
meetings without permission or reasonable cause.
3. Section 32 allows councillors to discuss freely or express any views or opinions without fear of legal
proceedings being initiated against them.
Local
Government
Council
Executive
Council
Legislative
Council
Customary Law
Council
Orientation Course for Local Government Administrative Officers 87
4. Section 41 outlines procedures for the election of Council Officers; Chairperson, Deputy
Chairperson, Chairperson of Standing Committees.
The meeting for the election of these office bearers is convened by the County Commissioner, Mayor
or Town Clerk within 7 days upon declaration of general election results.
An interesting provision is that the eldest of the members shall chair the first sitting (not entire meeting)
for the election of the chairperson. After the chairperson is elected, he/she takes over for the election
of deputy chairperson and chairpersons of standing committees.
The election of council officers may be by secret ballot. The Act does not say, ‘shall’.
It is important for Local Government Administrative Officers to be aware of these seemingly small legal
details as deviation can render the proceedings null and void if legally challenged.
Section 42 provides for sittings of the Legislative council on quarterly basis, after the first sitting. The
Chairperson of the Legislative Council may on his/ her own the initiative, in consultation with the
Secretary, or upon written request by at least one third of the Councillors, call an extra-ordinary
session of the Legislative Council. Chief administrators are advised to manage this process as some
chairpersons may end up calling extra ordinary meetings at every turn. Calling meetings costs money
and Chief Administrators need to take note of that.
Section 42 (5) needs highlighting. This is to do with a councillor who has a direct interest in any matter
under consideration before the Legislative Council. The councillor shall disclose the interest and
withdraw/recuse him/her self from the meeting. Direct interest could be himself or herself personally or
his/her company or business, immediate family members, spouse, children, brother, mother, father etc.
Issues around the award of tenders and contracts, supplying council with goods and services,
applications for jobs and allocation of stands and houses are the more common types of incidents where
councillors as residents or business persons have interest. If a councillor fails to declare interest and to
withdraw and the issue is decided in his/her favour and other interested parties expose the interest,
then an offence of dishonesty and its consequences may arise. Section 29(1) refers.
Section 42(6) provides for a quorum. A quorum is the minimum number of councillors required to hold
a legally binding meeting. In this section the quorum is a simple majority of councillors. In a 35 member
council 18 councillors should constitute a quorum.
A meeting cannot start if the minimum number sitting in a council chamber has not been reached. The
Chairperson cannot include those who have phoned that they are on their way but have been delayed
by a car breakdown for instance. They are not in the meeting and cannot be counted.
Committees of the Legislative Council
Section 34 provides for the establishment of committees whose functions and duties are determined by
regulations issued by each council.
A standing committee. This is defined as a permanent committee which will be in place for the
duration of the appointing body. Finance committee, Planning committee, Housing, Health, etc. are
examples of such committees.
Orientation Course for Local Government Administrative Officers 88
Ad hoc committee. As the name suggests is set up by council to deal with a specific issues e.g. disaster,
special assignment, special event etc. When the assignment or the event or the disaster has been taken
care of and is over, the committee disbands.
While meetings of full council are open to the public, section 42(8), committee meetings are usually in
private/in camera.
• Section 43 directs Legislative Councils to keep records of their proceedings
• It is the role of the secretary of council to keep the records and allow the public and councillors
access to such records.
1. Executive Council
The Executive Council set up in terms of section 45 is headed by the Country Commissioner, Mayor, or
Town Clerk. Chief Administrator and Heads of Departmental are members. This is the highest
Executive authority in council
2. Council Departments
Departments of Council are functions specific and provide technical support to committees of council.
The organisational structure of council is a summation of its departments and office holders.
3. Customary Law Council
Section 93 provides for the establishment of Customary Law Councils in each county composed of
various levels of Traditional Authority leadership, community elders and representatives of women and
the youth.
4. Local Government Board
The Local Government Board is established in terms of Article 166(3) of the Transitional Constitution.
The Board under the Office of the President is the highest policy making body regards Local
Government in South Sudan.
5. State Ministry of Local Government
Schedule (C) of the Transitional Constitution assigns Local Government functions to State
Governments. Through this mandate exercised through State Ministries of Local Government, State
Governments and State Governors have a direct interest in the performance of Local Government
Councils.
Orientation Course for Local Government Administrative Officers 89
Functions of each Operational Structure
Section 37, 47 and 95 provide for the functions of the Legislative Council, and Customary Law Council.
These are also covered in Module 2. It is significant though to outline some of the expected significant
roles of these institutions.
1. Legislative Council
The Legislative Council as the deliberative body of council has a key role in policy formulation and
strategy setting. This body is composed of representatives of the people who have certain aspirations
and expect their councillors to deliver, especially on election promises. In order to deliver, councils
need to craft policies and strategies to address challenges faced by communities.
Appendix II schedule I details the powers of Local Government Councils around which they have to
develop policies, and strategic interventions and enact by laws. A perusal of Appendix I schedule I will
show that after security concerns, the next important task for councils is “Provision of basic services”
This generally is the core business of councils in many countries. It is perhaps necessary to define the
two words strategy and policy as the work of councillors revolves around these two words. Councillors
are not fulltime employees of council. They come to council to attend meetings deliberate on pressing
issues and pass resolutions on policies and strategies to be implemented by the Executive. After that
they go home. They have no business roaming around council offices and interfering with administration
and implementation of programmes and projects.
Role of Council in Developing Council Strategy
Johnson and Scholes (1997) define strategy as “the direction and scope of an organisation over a long
term which achieves an advantage for the organisation through its configuration of resources within a
changing environment to fulfil stakeholder’s expectations.” Grant (1998) defines strategy as a plan, of
deploying resources to gain better positions.
Strategy can also be defined as a course of action, including the specification of resources required to
achieve specific objectives. There are three essential elements of a formal strategy:
1. The most important goals to be achieved
2. Significant policies guiding or limiting actions
3. The major programmes that are to accomplish the defined goals within the set units or constraints.
Policy on the other hand can be defined as a practical statement of measures to be applied in managing
affairs over a defined period. It is a framework of general guidelines of operations from which objectives
are drawn.
Policy making is the supreme function in every field entrusted to a public institution. Policy making is
also the first function which must be undertaken to start a specific public activity. The sequel/follow on
to policy formulation is planning and programming for the purposes of implementation.
Policy provides the following five essential purposes:
1. Safeguards organisational interests
Orientation Course for Local Government Administrative Officers 90
2. Purpose of action
3. Common goal
4. Determination of the nature and quality of service
5. Standard approach to issues.
It is important to point out that policies formulated by councils must be within the framework of
government policies and relevant legislation. Plans as indicated above are developed after the
formulation of policies, because it is from the policies that objectives, strategies and tactics are
developed to fulfil the policy. The following questions will assist as a checklist in policy formulation:
1. What is the role and function of the organisation
2. Which areas need to be covered by the policy? i.e. (i) Is it provision of services? (ii) is it direction of
development? (iii) is it administration and management?
3. What is the overall national policy?
4. What is it that we want to achieve as an organisation?
5. What is the target group to be affected by the policy?
6. In what form, quality and quantity, based on realistic capacity in terms of availability of resources?
7. Under what time frame is the policy operating?
Steps in policy formulation
1. As indicated above the area of policy formulation is the primary role of councillors who initiate
policy through a motion. Even the Executive can also initiate policy after identifying a specific need.
2. Because policy is target oriented, it is best that the affected people are directly involved by directly
participating at formulation stage.
3. Once a motion has been initiated, the Executive will carry out research on the motion and produce
a report which will contain proposal by the Executive on the motion.
4. When a motion is presented on the agenda, councillors may consult the affected target group in
order to facilitate debate in council (as will be indicated later, the agenda should be forwarded to
councillors before the meeting (days).
5. The motion will then be decided by resolution and once confirmed in minutes the policy will be
operational and ready for implementation by the Executive
Orientation Course for Local Government Administrative Officers 91
II. Executive Council
Section 47 (1a, 1b, and 1d) regards the functions of the Executive Council needs taking note of. The
Executive Council has the following functions:
• General planning and administrative function
• A service provision function
• A policies and by laws implementation function.
The overarching plan of most organisations is the strategic plan from which other operational plans of
the organisation cascade. The strategic plan preparation although spearheaded by the Executive is finally
a council plan and requires the participation of all stakeholders especially the councillors. Councils
through a policy will ask for the preparation of a strategic plan which guides the operations of council
and provides directions and goals of council. It is the responsibility of the executive to carry out the
necessary tasks in order to come up with an implementable strategic plan. The buying in of all
concerned, including communities, must start at plan formulation stages. Many neatly crafted and
expensively bound strategic plans are gathering dust in office drawers and bookshelves because they are
the product of only a few Executive staff members with the rest of the workforce, councillors and
residents supposed to play a rubber stamping role. Lack of participation by stakeholders creates
implementation problems.
Procedures in Executing Functions
The business of council is transacted through meetings. Meetings of council and their committees are
the principal events in taking decisions to direct the executive on the administration of council affairs.
Lives of citizens are affected by decisions taken by councils and their committees. The principal tasks of
council are:-
1. To lay down policy
2. Exercise control over Executive activities to ensure that policy objectives are effectively and
efficiently achieved. Councils use committees to carry out most of the ground work on policy issues.
Having few members, committees have an opportunity to exhaustively consider issues. With
committee meetings held in private, even the shy and timid councillor has an opportunity to air their
views. Committee deliberations culminate in recommendations to full council who will deliberate,
adopt and resolve, amend or refer back to committee for further deliberations.
3. The intention is that the final decision on an issue must be accepted by the citizenry as the decision
of the majority of the elected representatives. Since the decisions end up binding, the decision
making process is a matter for specific formal directives. These directives are the result of traditions
and conventions developed along with public institutions and public administration.
Orientation Course for Local Government Administrative Officers 92
Meetings of the Legislative Council and its Committees
Council meetings are formal events which are conducted with a degree of ceremony, decorum and set
procedures to reflect an appropriate public image at a time when the public is present. Section 42 (8) is
relevant. Although present, members of the public cannot contribute to the proceedings of council
irrespective of their station in life unless they appear on the AGENDA.
Agenda
Section 35 (5) tasks the Council Secretary in consultation with the Chairperson, with the preparation of
the AGENDA. Agenda in its Latin form refers to “that which must be done”. The agenda will spell out
what will be deliberated on. This can take two forms:
1. A mere list of items to be deliberated and decided on
2. A list of matters with extensive factual explanations of each matter.
An agenda is circulated in advance so that Councillors can prepare for the meeting. It is the
responsibility of the Council Secretary to ensure that the agenda and its appendices are:
1. Circulated in advance
2. Contain sufficient information for decision making
3. The wording of the agenda items and appendices is in simple, clear language to enable councillors to
understand.
An agenda item must have:
1. A heading and brief statement of the matter
2. Factual information on the item including references to precedence
3. The legal powers of Council on the matter if necessary
4. Relevant policy of council
5. Possible alternative decisions.
For reports which are prepared and used as appendices, there is need for a specific council policy to
ensure uniformity of such reports so that they can be easily understood by councillors. The report may
contain:
1. A brief statement of the matter at issue – i.e. an executive summary
2. Systematic presentation of factual information
3. Possible alternative courses of action which can be taken
4. Report must be brief and clear.
The report must be so clear that even in the official’s absence, and without explanation to clear
obscurities, it can be tabled and understood by councillors:
1. The report should contain appropriate recommendations
Orientation Course for Local Government Administrative Officers 93
2. Report should be numbered to show their relationship to the agenda and files of councils
3. All departments and sections who have an interest on the subject should comment on it before it is
submitted to council.
An agenda and its appendices are the foundations of effective and successful meetings and need to be
meticulously prepared and forwarded in advance.
An agenda will contain the following items:-
1. Notice of meeting(and number), time and location
2. Apologies
3. Application for leave of absence
4. Official announcements
5. Confirmation of minutes of previous meeting (these will be signed by the chairperson after
confirmation)
6. Matters arising
7. Reports from standing committees (resolutions will be made on each report usually through
adoption of reports)
8. Any other business (do not start a new meeting)
9. Close of meeting.
The chairperson will ask councillors to propose and second adoption of minutes. Council Secretary
should ensure that only those councillors who attended the meeting in question propose and second
adoption. Some councillors enjoy proposing and seconding even if they were not at the meeting. If
minutes are adopted and it later turns out that either the proposer or seconder we not present, it can
cause problems for council. This is mainly because minutes of council, after confirmation, become a legal
document which can be used as evidence in a court of law.
Regulations for the conduct of business
These are also referred to as standing orders in public administration. Section 36 provides for council to
make internal regulations for he conduct of business at its first session which shall be enforced by the
chairperson and respected and adhered to by members.
These regulations enable council to conduct its business smoothly. Regulations can cover:
1. Powers of the chairperson
2. Number of times a councillor can contribute on an item
3. Time a councillor can spend on the floor
4. Language not to be used (vulgar language, Abusive language, shouting, interrupts, othersunbecoming language, etc. is not permissible)
Orientation Course for Local Government Administrative Officers 94
5. Respect and compliance
6. Dress code
7. The chairperson can ask a disruptive councillor to leave the meeting.
Regulations are thus management instruments for conducting meetings professionally.
Minutes
Minutes of a meeting are essentially a record of proceedings and decisions taken. In the work of a
continuing body, with serious purpose, minutes have an important function and real value. They record
officially decisions reached and are a reminder of subjects previously discussed and pending or deferred.
Matters are therefore not lost or forgotten. Minutes represent the history of the Local Authority and
are invaluable to present and future generation of office bearers. They are fundamentally policy and
practice statements.
Composition of Minutes
Minutes should contain:
1. Name of Local Authority
2. Nature of meeting
3. Full/ordinary council, extraordinary council
4. Committee
5. Number of the meeting
6. Place, date and time on which meeting commenced and ended.
7. Names of those present
i. Councillors present
ii. Councillors absent
iii. Councillors absent with apology
iv. Councillors absent without apology
(Note: If a councillor is absent without apology for three consecutive sessions, s/he may be dismissed
from council)
8. Officials present
9. Guests (not ordinary members of the public)
10. Items discussed – They should appear in minutes in the same sequence as on the agenda
11. After confirmation, minutes are signed by the chairperson.
Orientation Course for Local Government Administrative Officers 95
Role of a Chairperson
Chairing a meeting is a very important function. It can make or break the meeting. The success of a
meeting hinges on how the chairperson conducts and managers the meeting. A chairperson should:
• Be firm but fair
• Remain calm and collected
• Be time conscious so that debate does not go and on without reaching conclusion
• Should be able to summarise for council to make a decision
• Should allow business to flow without dominating debate
• A sense of humour is valuable at the appropriate time when tensions rise.
The Council Secretary in consultation with the chairperson of the Legislative Council should have a
schedule of the dates of meetings preferably for the whole year. By indicating to councillors in advance
the dates of their meetings, including committee meetings, they can properly diarise their other activities
leaving room for council meetings.
The minutes of the previous meeting should be sent to councillors in advance of the meeting which will
confirm them so that councillors can make and note any corrections in advance. Sending them in
advance avoids the need to have them read in council, which is a waste of valuable time.
Orientation Course for Local Government Administrative Officers 96
Module 5: LOCAL GOVERNMENT FINANCE
Topic 1: Sources of Funds for Local Government
Introduction:
Local Government being an arm of Government provides certain services to the community in its area
of jurisdiction for which funds are required. There are various sources from which such a local authority
would source the required funds. The Local Government Administrative Officer needs to clearly
understand these sources, and the implications of raising funds from each source.
Specific Objectives
By the end of this topic, the Local Government Administrative Officer should be able to:
1. Explain the need for funds by Local Government
2. Describe the sources of funds for Local Government.
3. Evaluate the efficiency of each of the sources of funds.
4. Design strategies to increase revenue collection
Content
1. Need for funds by Local Government
2. Sources of funds e.g. property tax, user charges, and grants
3. Efficiency of each of the sources.
4. Strategies to increase revenue collection
Methodology
1. Plenary discussions
2. Group discussions and presentations
3. Lectures
4. Field Visits
RESOURCES
1. Relevant literature
2. The Interim Constitution
3. Local Government Act 2009
4. Flip charts
5. LCD/overhead projectors
Orientation Course for Local Government Administrative Officers 97
6. Stationery
Need for Funds
Local Government Councils need resources human and material to execute their mandates. A key
resource required is finance. Councils have to mobilise financial resources as provided for in legislation.
The authorisation for resource mobilisation is through the preparation of a budget which will spell out
the revenue and expenditure planned for during the budget year. Councils need funds to provide
services, develop their areas and to meet staff obligations. They need funds for the general running of
the council; to purchase consumables and for such services like electricity, water, telephones, etc.
By raising most of their revenue, and relying less on national and state government they are better able
to fulfil the aspirations of local communities. The degree of self-financing to an extent correlates with
the degree of autonomy. The more the council is able to raise funds for itself, the higher the degree of
autonomy and the greater the degree of flexibility to fulfil its strategy, plans and objectives. If councils
are heavily reliant on national and state government for funding, they have to comply more with dictates
of those levels of government “for he who pays the piper calls the tune.”
Sources of Funds
The Interim Constitution of South Sudan article 173 (6) states that “Local Governments shall have
powers to levy, charge, collect and appropriate fees and taxes in accordance with the law.”
Article 173(7) further spells outs that “The government of South Sudan may pay grants in aid to states in
support of their budgetary deficits and that of Local Government Councils.
The important point to note from the above provisions is that the onus of raising revenue is on the
Local Government Council which may get a grant in aid from the National Government. If in a particular
year national government, given resources limitations, do not transfer any money, it does not mean they
owe council. They may transfer or not transfer depending on their priorities at national level.
The responsibility therefore on the part of councils is to maximise collection of the revenue locally,
permissible to them in law.
Section 73 of the Local Government Act 2009 provides for the sources of Local Government Finance.
Section 74-80 categories the source of revenue for Local Government councils which are:
1. Taxes e.g. property tax
2. Local rates e.g. licences
3. Local earnings
4. Community contribution
5. Grant- in-Aid
6. Government grants
7. Conditional grants
8. Block grants
9. Equalization grants
Orientation Course for Local Government Administrative Officers 98
10. State support grants
11. Donor grants (e.g. technical assistance to council)
12. Loans- based on credit worthiness
13. Local Government Fund
Efficiency of Each of the Sources
It is important for Local Government Councils to appreciate the need for self reliance and maximise
collection of Local Revenue. Local Government Administrative Officers should inculcate in council the
need to be self sufficient from the start. A dependency syndrome, where money is expected to come
from the centre can raise expectations but in the end cause frustrations if envisaged funds are not
transferred.
Taxes
Properly managed and administered, taxes have a high yield because the tax target is identifiable, be it an
individual or property. Tax revenue can be termed assured revenue. For property tax to be efficiently
collected, land use/local area plans with stand numbers, their sizes, value and activities; residential,
commercial or industrial use, have to be in place. In many countries like South Africa and Zimbabwe, a
valuation register is prepared which forms the basis for taxation. The tax is based on a valuation unit
which is predetermined by council on an annual basis. The unit value can be on land plus improvements.
In residential areas the unit could be based on zones.
The same principle is applied for commercial, agricultural land and mining. In mining, countries like
Zimbabwe use the type and value of the minerals for taxation purpose. Precious metals like gold,
platinum, nickel, etc. are taxed depending on the number of employees. Bulk minerals like coal, chrome
and asbestos are taxed on tonnage.
In many countries property tax forms the bulk of council revenue usually up to 60%.
User Charges
User charge as provided in the Act is revenue from use of council services. Properly administered, user
charges can also yield significant in-flows into council. For some services provided by council, the
exclusion principle can be applied for non payment e.g. reticulated and metered water systems. Non
payers can be cut off from supply (as happens with mobile phones, if you do not buy recharge cards you
are excluded from the system). The viability of user charges is based on proper costing of the service
provided. This is a major challenge in many councils where tariffs are usually sub economic.
There is a criteria for determination of user charges which is normally based on the type of services
being provided:
Social Services
These are usually charged at sub economic levels mainly because of their nature and target groups e.g.
primary health care, primary or basic schooling, pre schools, community halls and libraries, sports fields,
Orientation Course for Local Government Administrative Officers 99
etc. Such services attract many: vulnerable groups, for instance, children, mothers in need of pre and
antenatal care, etc. Such services are normally subsidized by council from tax revenue.
Regulatory Services
Services which arise through regulation from either the National or State Government legislation are
provided at sub economic levels or for a token charge. Services like provision of cemeteries, food
inspection, pollution control, primary healthcare; pest control, etc. end up being subsidized by council.
Central governments at times direct councils to provide the service, but do not release the resources
for provision or delay in the release of resources, money transferred for the services may be less than
what councils would have incurred, This creates a classic case of unfunded mandates.
Economic Services
Full cost recovery is expected for the provision of such services as water, refuse collection, servicing of
stands, plan approvals, etc.
Trading services
Councils should generate profit from such activities, where such activities are not making a profit they
should be commercialised with a separate management structure put in place.
Grants
Where there is a constitutional provision for grant disbursement on a known revenue sharing formulae,
grants can be an important source of revenue for councils. In some countries a constitutional provision
for a percentage of total national earnings is allocated to sub national levels. Where no such guarantees
exist, grants can be elusive as a source of revenue. National governments have a lot of competing
demands on limited revenue. In flows into the national fiscus also determine what can be transferred as
subventions to sub national levels. Transfers in such instances are erratic and unpredictable and in
budgeting, councils need to recognise this reality.
Local Government Councils in South Sudan need to take note of section 73(2) in this regard, which
states that. “Each council shall raise funds from its sources to meet its expenditure.”
Orientation Course for Local Government Administrative Officers 100
Strategies to Increase Revenue Collection
Monthly Financial Statements and Budget Review
Analysis of monthly financial statements and budget review helps to indicate how council is performing
regarding revenue raising. Variances between anticipated and actual income help council understand
where it is underperforming and where targets are being met. Under-performing sources need to be
critically examined in order to establish causes. These can range from affordability of the tax, resulting in
resistance by tax payers, to failure to collect by council or even corruption on the part of officials
charged with the responsibilities. Councils will then put in place strategies to deal with the identified
challenge. It may be necessary to revisit the tax levels or hire the private sector to collect on behalf of
council or to institute knew control systems to plug loopholes to curb corruption.
Updated Data/Records
Councils need to regularity update their tax records to ensure that all who are supposed to pay are
recorded. Property records need to be updated to capture new buildings coming up including
residential, commercial and industrial. In a fast growing city like Juba, new buildings are coming up all the
time. Updating of records needs to keep pace with developments taking place on the ground.
Commercial buildings are also increasing which means licence registers require updating regularly.
Timeous Production of Statements
Councils need to inform people about what is due to council through timeous production of statements.
Business and even individuals pay on the basis of a statement indicating what they are to pay and what
the tax, fee or even fine is for. If such documents are not being generated or generated irregularly then
council has itself to blame for non collection of revenue.
Efficient Revenue Collection Points/People
Where council has set up revenue collection points they should be run efficiently. Council staff should
be there within stipulated office hours with the right attitude regards customers care.
It is not uncommon to find revenue collection points deserted or understaffed with queues of people
waiting to pay. If they get frustrated and go away without paying, they may go for good and council loses.
Some council staff are rude, bossy and unhelpful to customers. Such bad eggs need to be weeded out.
Affordability
Councils should charge affordable tariffs. If the tariffs are too high people have competing demands on
their income and will prioritise accordingly. Councils should not eliminate themselves from the priority
list by being unreasonable regards their charges. One of the virtues of participatory budgeting is that
stakeholders will assist councils to come up with realistic charges.
Orientation Course for Local Government Administrative Officers 101
Collection
Council tariffs should be easy to collect. It should not cost more to collect the tax than the tax yield. If
collections are done in rural areas and require travel to collection points, proper costing should be done
in terms of fuel, wear and tear, allowances for staff and hours spent. It is very easy to pretend council is
collecting revenue where it is actually losing already collected revenue because no costing was done.
Asking traditional authority leaders to collect the dues for a small commission may be more cost
effective than sending council officials in rural areas.
Value for Money
People resist paying if they do not see any positive change in the quality of services provided by council.
If the roads remain bad, water supplies are erratic, refuse is not collected schools have no books or
furniture and hospitals and clinics have no drugs or qualified personnel, people wonder where their
money is going. With time they will resist payment since they do not see value for their money. There
should be transparency in the collection and utilization of revenue.
Control System
To avoid leakage of revenue collected, councils should have in place accounting and control systems.
From receipting to banking there should be controls in place. The person who receipts money cannot
be same person in charge of banking. There is need to separate roles as a checking system device. Heads
of office should also conduct regular spot checks to enhance control. Where money is collected from
hawkers by roaming collectors, council has to be particularly careful. Such personnel have been known
to have private receipt books which they can use for collection from unsuspecting clients or collect
without receipting or under charging and pocketing the money. Such practices thrive when control
systems are weak and senior officers are desk bound.
Orientation Course for Local Government Administrative Officers 102
Topic 2: Budgeting
Introduction
To ensure prudent utilization of funds, it is necessary that proper budgeting be done. This is true of any
organization, including Local Governments. The Local Government Administrative Officer, as an
accounting officer, should therefore be familiar with budgeting practices and processes in Local
Government.
Specific Objectives
By the end of this topic, the Local Government Administrative Officer should be able to:
1. Explain the meaning and importance of a budget
2. Describe the process of budgeting including participatory approaches and the preparation of
Appropriation Act
3. Define the role of different officials in the budgeting process.
Content
1. Meaning and importance of a budget
2. Process of budgeting and preparation of Appropriation Act
3. Role of different officials.
Methodology
1. Exercises and individual presentations
2. Plenary discussions
3. Group discussions and presentations
Resources
1. Guest speakers
2. Relevant Literature
3. Local Government Act 2009
4. Flip charts
5. LCD/overhead projectors
6. Stationery
Orientation Course for Local Government Administrative Officers 103
Meaning and Importance of Budgeting
A budget can be defined as an overall financial plan for a specified period of time and is a basis of
control. The budget is used to express the organisation’s plans numerically and later to measure
performance. In the public sector, Vocino and Rabin (1981), define a budget as a document indicating
how a public institution spends resources in order to realise public goals”.
In public administration, Gildenhuys (1993) notes that “the budget serves as a decision making
instrument by which priorities are set, goals and objectives are established, operating programmes are
compiled and control is exercised”
A public budget is thus an instrument at the disposal of legislative authority enabling it to guide
economic, social, political and other activities of a certain community in a certain direction in order to
realise predetermined goals and objectives, the results of which may not always be quantifiable.
Objectives of a Good Budget
A good budget is one which:
1. Is realistic, accurate and consistent
2. Plans the best results achievable, consistent within acceptable risk
3. Contains information most useful to management
4. Is consistent with STRATEGY
5. Facilitates goal setting and measurement at all levels
6. Communicates strategy, plans and required outputs of the organisation
7. Communicates operating plans across functions
8. Gives cost centres resources required to meet objectives.
Finney (1981) identifies 5 requirements for successful budgeting:
1. The budget must be prepared in a proper strategic context firmly within the framework of the
objectives, strategies and plans of the organisation
2. The process must deal realistically with uncertainly and uncontrollability
3. The format that provides the most useful information for management must be selected
4. The process must emphasise encouragement of excellence at all levels of the organisation
5. A coherent, efficient and timely process flow must tie everything together.
Functions of a Public Budget
There are three important objectives of a public budget:
1. The budget is the basis on which tax policy for the budget periods is derived (property tax, etc)
Orientation Course for Local Government Administrative Officers 104
2. It is the basis on which financial control is exercised in order to ensure that the financial policy made
by the legislative authority is adhered to
3. It is a financial programme reconciling revenue recommendations and expenditure recommendations
in order to realise public objectives.
The linkage of costs to objectives is a fundamental requirement for judicious decision making.
Features of a Public Budget
Thornhill (1984) summarises the features of a public budget as follows:-
1. The budget after approval is enforceable
2. The individual taxpayer is compelled to pay tax and comply with any other requirements of the
budget
3. The results of the objectives realised by the budget are not always quantifiable. The taxpayer cannot
always deduce the advantages to be received from a specific charge (e.g. property tax)
4. The budget brings together a variety of considerations. It may therefore be found that seemingly
different public objectives are sought by the budget or the budget may even reflect objectives which
may not be advantageous to the large part of the community (e.g. staff retention or upgrading some
market in part of the town
5. The process for determining the contents of a public budget compared to the private sector is
different since objectives are different (e.g. profit).
Revenue in the public sector is compared with expenditure not in order to determine profitability of the
service, but instead a comparison is made between the costs on one hand and the political, economic
and social benefits that the community may derive.
Types of Budgets
There are two types of budgets: operating or revenue budget, and capital or development budget.
Revenue budget is about day to day activities to provide council services. Capital budget is about making
new investment and replacing worn assets. It is about putting into place items of a permanent or longterm nature which may generate future revenue.
Orientation Course for Local Government Administrative Officers 105
Methods of Budgeting
1. Incremental Budgeting - This is formulated by increasing monetary figures from the previous
year’s budget by the rate of inflation or growth rate. The danger with this type of budgeting is that it
tends to build in inefficiencies inherited and perpetuates them. The incremental budget is the
approach favoured by officials as it is less rigorous.
2. Programme Based Budgeting - This is drawn up in accordance to given projects or set
programmes and these are adhered to.
3. Zero Based Budgeting - In this budgeting approach a council will ask everybody to prepare a
budget as if they are going into providing a particular service for the first time. This will require
proper scrutiny and intelligent costing requiring research, sourcing of quotations on imputed
timeframes and justifications. More and more public organisations are moving to this type of
budgeting as it is more results orientated and realistic.
Attributes of a Good Budget
1. Simplicity. Be simple and easy to understand by councillors and residents.
2. Participatory. All interests should be represented right from the drafting of policies. Participation
gives legitimacy to the whole process and engenders an intense feeling of ownership by stake
holders. Internal heads of departments must be given the leeway to initiate their own budgets.
3. Comprehensive. A budget must reflect all activities of the council and how they will be financed
including assumptions and constraints. It will thus become an important control tool.
4. Flexible. It must allow for unforeseen events and allow for adjustments. (E.g. currency fluctuations
and inflation) but within legally permissible parameters.
5. Realistic. A good budget must be realistic.
6. Smart. The budget must be drawn from stated objectives and quantities of resources shown, not a
maze of figures. It must be specific measurable, accurate, realistic and time framed.
7. User Friendly. The format and language must be understood by ordinary people.
8. Vision Driven. The budget must be drawn from the strategic plan of the council and assist in
pursuit of the vision annually.
Orientation Course for Local Government Administrative Officers 106
Budget Challenges
Budgeting has challenges among them:
1. A budget is a forecast for the following year hence uncertain. It is in the future.
2. Many variables are uncontrollable at local level e.g. Inflation and exchange rate fluctuations etc
3. Assumptions by managers are usually unrealistic or inflated. In some cases the figures are deliberately
inflated because it is known that they will be reduced anyway, either by residents or even national
government.
In the drafting of a good budget the challenge for Local Government Administrative Officers is to
intelligently deal with the challenges through the adoption of some of the techniques outlined above.
Process of Budgeting and Preparation of Appropriation Act
It is important in any budget cycle to begin the budget process by reviewing performance of the
previous budget. The review informs the new process through identifying slippages and variances in the
previous budget and presents an opportunity to develope strategies to overcome previous
shortcomings. The review process leads to the next stage which is the stating of the objectives of the
current budget and the strategies required to achieve the objectives? It is important to be clear about
what the budget is to achieve after which the resources required to achieve the objectives are then
calculated. The budget is therefore the road map to the organizations desired destination regards its
objectives.
The budget cycle has to conform to the legal requirements in so far as timelines are concerned.
Section 81(i) of the Local Government Act states that the financial year shall commence on the first day
of January of every year and end on the thirty first of December of the same year. The Transitional
Constitution though has now changed the financial year to begin on the first day of July
every year and end on the thirtieth day of the following year. The Transitional Constitution
is SUPERIOR law to the Local Government Act and therefore, the provisions in the
Transitional Constitution prevail.
Therefore the budgeting cycles must shift to reflect this new constitutional position.
Section 81(2) further directs that “The commissioner, mayor or town clerk, as the case may be, shall
prepare and present to the Legislative Council before the beginning of each financial year an
Appropriation Act of the allocation of revenues and expenditure in accordance with the provisions of
the Act”
Section 83(1) further states that the council budget proposals shall be submitted to the Legislative
Council by 30th June every year. Operationally this section must now be amended to reflect
the new fiscal calendar.
The cited dates are important as they provide a guide of how the process has to unfold. (How far are
we?)
As already indicated above the general trend in many countries is towards participatory budgeting
where council takes on board all key stakeholders in drafting the budget in order to enhance legitimacy,
Orientation Course for Local Government Administrative Officers 107
ownership and transparency. The increased buy in by stakeholders will have a positive effect on the yield
of the revenue side of the budget since stakeholders will have been part and parcel of tariff setting and
will most likely respond through timeous payment of their dues.
It should always be remembered that a budget is a policy statement declaring the goals and specific
objectives a council wishes to achieve by means of the expenditure concerned. It is public policy
expressed in money terms.
Step1
Heads of department normally kick start the number crunching in line with departmental and relevant
committee objectives. Departmental drafts detail their financial requests. The Treasurer/Finance
director will then put the department drafts together into a council draft showing total financial
requirements by all cost centres (the anticipated expenditure).
The Finance Director will then indicate how the expenditure can be financed (income/revenue).
In the public sector, income and expenditure must balance. Council cannot budget for a deficit. With
proposed income and expenditure figures now calculated, the first draft budget will now be in place.
This will be presented to the finance committee for their scrutiny and comments and recommendations
to council for initial scrutiny. In many countries, at this point, council will call in stakeholders/interest
groups which may include:-
1. Commerce and Industry
2. Resident and Rate payers Associations
3. Hawkers and market vendors
4. Community based organisations
5. Informal traders
6. Women groups
7. Religious groups
8. Transport associations (Matatu)
9. Disabled, etc.
It is important for council to have detailed profiles of interest groups in their areas. The poor and the
marginalised who always bear the brunt of high tariffs need to be included.
Step 2
From the above groups, councils will create a budget committee. Because council has knowledge of the
stakeholders based in their area, they create a manageable committee of representatives of various
groups who then give feedback to their respective constituencies. It is important for council to ensure
that report back meetings actually take place. The budget committee now in place will include the
stakeholders’ representatives and council.
Orientation Course for Local Government Administrative Officers 108
Step 3
Councils will present to the enlarged budget committee the draft budget as a working document. The
committee will deliberate on the document, add, subtract, throw out, until they come up with generally
agreed proposals. Meetings will then be convened in wards (Payams, and Bomas, Blocks and Quarters)
to present to the residents the proposals. The enlarged budget committee will then deliberate on the
contributions from the outreach meetings and then finalise the draft. It is important to note that council
should take the lead role in this initiative. Residents do not have a legal mandate to make the budget on
their own. This process is meant to take the residents interest on board. It also brings legitimacy,
ownership and transparency. It will also encourage residents to pay their bills since they were part of
tariffs and tax rates determination.
Step 4
The approved draft will now proceed through the relevant committees of council to full council for
adoption. In some countries, the law provides for the advertising of the budget proposals in two issues
of a newspaper circulating in the area for 30 days, calling for any objections to the proposals. If there are
more than 30 objections, council will have to convene and reconsider the budget in the light of the
objections and either incorporates, revise or reject the objections on a case by case basis. Thereafter
the budget is approved and ready for implementation. Section 83 (5 and 6) refers.
Section 83 (9) needs to be taken note of as no funds will be transferred from one chapter of the budget
to another nor shall money be spent on an item not provided for in the budget without the approval of
the Legislative Council.
Supplementary Budget
Section 86(2) tries to deal with challenges which may confront council during the year and allows for the
preparation and approval of a supplementary budget. The supplementary budget process follows the
same procedures as the normal annual budget and has to be approved by the Legislative Council.
Roles of Different Officials
Council Staff
Under the directions of the Executive Director, Chief Executive and Town Clerk, council staff play a key
role not only in the preparation of the budget but also its implementation. Section 84(1) refers:
The council staff is supposed to have the technical skills for budget formulation. They do the costing of
the various budget items, align the budget with the council plans and objectives and provide councillors
with the draft which should be comprehensive and easy to understand for decision making.
The Chief Administrator should also put in place appropriate monitoring and control systems during
budget implementation. The County Executive Director in terms of Section 61 (2c), the Chief Executive
Officer in terms of Section 63 (2e) and the Town Clerk in terms of section 64(2e), supervises the
administration, finance, personnel, stores ,workshops, public utilities and recreational facilities,
procurement and maintenance of movable and immovable assets.”
The Chief Administrator in this role is the accounting officer for the resources of council, the
management of the budget included.
Orientation Course for Local Government Administrative Officers 109
County Commissioner, Mayor, Town Clerk
The preparation and presentation of the budget to the Legislative Council is the responsibility of the
County Commissioner, mayor or Town Clerk. As head of their Executive Council, it is their
responsibilities to ensure timeous preparations of the budget. They also sign the Appropriation Act
passed by the Legislative Council which becomes the approved budget.
Councillors
Through the Legislative Council, councillors deliberate on the proposed budget and may amend, reject
or adopt the budget as they deem fit. Section 83 (5) refers. Councillors also have a key role in
enlightening the communities they lead about the budget, through their report back meetings and
budget consultation meetings.
They should explain the implications of the budget to communities. It is not uncommon to find
councillors passing the buck to council staff at ward consultation meetings and residents roasting officials
on high tariff proposals. Some councillors at such meetings literary dissociate themselves from the
budget proposals and become even more vociferous than the public in criticising draft proposals of
which they were part. Local Government Administrators should brace themselves to manage such
eventualities.
Councillors should also encourage their constituencies to pay their tariffs and taxes to council. Failure
to pay will result in declining service levels and quality of service. They should thus be in the forefront in
defending the budget once approved by them.
Councillors should always be guided by the fact that “ a budget is a policy document by which elected
representatives indicate the extent to which they wish to execute the mandate given to them by voters
with the limited money at their disposal (Marais 1980).
Orientation Course for Local Government Administrative Officers 110
Topic 3: Financial Control
Introduction
To ensure that Local Government funds are used prudently and for the purposes which they were
allocated, there is need for effective controls to be put in place. The Local Government Administrative
Officer needs to be aware of the need for and the various ways in which such controls are implemented.
This is especially crucial in this era where transparency and accountability are the hallmarks of good
corporate governance.
Specific Objectives
By the end of this topic, the participating Local Administrative Officer should:
1. Explain the need for control of the use of funds by Local Government
2. Describe the process of establishing a financial control system
3. Describe the types of control systems that can be implemented in a Local Government
Content
1. Need for financial controls
2. Process of establishing a financial control system
3. Types of financial control systems e.g. the budget, financial statements, books of accounts, audits
Methodology
1. Exercises (practical)
2. Plenary discussions
3. Group discussions and presentations
4. Lectures
Resources
1. Local Government Act, 2009
2. Sample financial regulations
3. Sample budget and financial statements
4. Sample books of accounts
5. Sample audit reports
6. Flip charts
7. LCD/overhead projectors
8. Stationery
Orientation Course for Local Government Administrative Officers 111
The Need for Financial Controls
It is vital to have effective and operational control systems in order to safeguard the finances and assets
of council. Even though there might be documented systems and controls, it is critical that these be
reviewed and tested on a regular basis. Control systems are needed so that council is able to achieve its
financial objectives in order to accomplish its mandates.
As councils collect and spend public money, it is important to have in place:
1. Systems for the proper collection of income
2. Control of bank accounts
3. Procedures for authorizing payments of accounts
4. Procedure for signing of cheques
5. Ensuring proper custody and presentation of moneys, security items and other property (date
stamps, order books, vouchers, cheque books, safe keys etc)
6. Procedures for reporting any losses of assets
7. Adequate control of stores and workshops and requiring regulations for stocks (can be a problem
area if systems are weak)
8. Regulations of the manner in which contracts shall be executed
9. The regulations for the calling for submission of and dealing with TENDERS (another potential mine
field which needs proper systems in place).
Orientation Course for Local Government Administrative Officers 112
Process of Establishing a Financial Control System
1. Financial Regulations
A useful starting point for establishing a control system is the preparation of detailed financial
regulations. Financial regulations are the internal rules of a council and are supplementary to or
coincidental with the requirements of a financial nature contained in the Local Government Act 2009.
Regulations spell out and stipulate how certain financial activities should be carried out. They should
cover all key areas of council financial operations and asset management including but not limited to:-
1. Preparation of council budget
2. Certification of accounts
3. Expenditure and project approvals
4. Uncompleted capital projects
5. SupplementaryeEstimates
6. Release of reserve funds
7. Transfer of funds
8. Borrowing powers
9. Allowances
10. Financial statements
11. Revenue collection
12. Security of money
13. Tenders and contracts
14. Stores and materials
15. Fees and charges
16. Imprests
17. Payment of accounts
18. Works orders
19. Capital assets
20. Insurance
21. Investments
22. Internal audit
23. Staff Administration.
By having financial regulations in place council will have established the base for a control system.
Orientation Course for Local Government Administrative Officers 113
1. Internal Audit
Council also needs to put in place an internal Audit section/division under the office of the chief
administrator and reporting to the Chief Administrator. The principal tasks of the Internal Audit Section
is to ensure compliance by departments to financial regulations. It is for this reason that the Auditor
reports directly to the Chief Administrator.
Internal Audit is not all about fault finding, but reviewing and monitoring the efficiency and effectiveness
of resource utilisation including value for money audits. Internal Audits should test and review control
systems regularly.
External Audit
The Act provides for periodic External Audits. This is meant to strengthen systems and identify any
system slippages which may have escaped the attention of the Internal Audit Section. The External
Auditors also bring best practices from the external environment to improve the council control
systems.
2. Books of Accounts
Council must put into place internationally accepted accounting systems including the relevant books of
accounts and accounting software. It is also imperative that the finance department be staffed with the
people with the requisite skills.
3. Councillors and Other Miscellaneous Approaches
Being part of the community councillors also get to pick up information on control system weaknesses.
The chief Administrator should not dismiss such information off hand as rumours or interference but
evaluate and investigate as some of it may be true. Councillors should also make resolutions that
strengthen internal checks and control systems. Suggestion boxes have also been known to reveal
valuable information on the goings on in council. Council should have these in strategic places as part of
enhancing communication with the public.
Whistle blowing is also becoming a feature of corporate governance. Again such approaches need to be
handled with care as they can be abused by some with ulterior motives.
Types of Financial Control
Budget
The budget is an excellent control and management tool because:-
• It helps the executive to spend money efficiently through the various cost centres.
• Acts as a guide to forecast what expenditure is desirable
• Helps to secure balance between income and expenditure.
Orientation Course for Local Government Administrative Officers 114
Through periodic budget performance review reports the Chief Administrator is able to monitor the
performance of the council. The reports could cover:
1. Monthly income and expenditure
2. Debtors’ report
3. Creditor analysis report
4. Monthly procurement reports
5. Management meetings progress reports and action sheets.
Financial Statement
Financial statements giving the financial position of council at any given date are also important. This is
where it is necessary for council, resources permitting, to computerise so that statements can be
generated as and when needed and are therefore current. Manually generated financial statements take
time and by the time they are produced are more historical in nature minimising their usefulness.
Financial Regulations
As already mentioned, these assist and arm the Chief Administrator with the authority to guide, control
and monitor council finances and assets and ensure that duties are allocated to achieve maximum
security, internal checks and control.
Books of Accounts
Section 84 implores council to maintain books of accounts in order to record:
1. All transactions of funds received and spent
2. All income cashed or accrued but not received
3. All expenditure committed but not incurred.
Books of accounts are the first point of call for auditors and should always be kept up to date.
Internal Audit function
Internal auditing is an independent appraisal function established within council to examine and evaluate
its activities. It is important because:
• It furnishes management with analyses, appraisals, recommendations, counsel and information
regarding the activities reviewed
• Internal audit assesses adequacy and effectiveness of internal checks and controls and quality of
performance.
Orientation Course for Local Government Administrative Officers 115
To be effective, the Internal Auditor should be:
1. Independent of the activities they audit which entails free access to records, personnel and physical
assets
2. Proficiency – Professional due care
3. Objectivity – independent mental attitude
4. Value for money – Evaluation of quality of performance.
External Auditors
In terms of section 85 (1) “accounts of Local Government councils shall be audited annually by the
Auditor General of the Government or any other audit firm appointed by the Legislative Council and
approved by the Auditor General.
Section 87 requires the County Commissioner, Mayor, or Town Clerk to present to the Legislative
Council during the six months following the end of the financial year, the audited financial report of all
council’s revenue and expenditure.
Many councils fail to meet this requirement mainly because:
• Audits cannot take place if council books of accounts are not in order, both the Chief Administrator
and the Finance Director have to ensure that the council books are up to date
• External Auditors have to be paid and council should ensure funds for the activity have been
budgeted for.
If council fails to have their books audited the tendency is that they will now continue to lag behind with
their audits. When eventually conducted, audits will become historical documents of little use to council
in improving its operations. The tendency for corrupt practices creeping in due to absence of audit
cannot be ruled out. Councils should also be reminded that operating without audited accounts is in
breach of the Law, Section (85(1) refers.
Orientation Course for Local Government Administrative Officers 116
Financial Management Guide for Local Governments: A Case Study
Introduction
With decentralized Local Government financial management (fiscal decentralization), where the
roles/functions of financial management are devolved to the Local Governments, the need for the Local
Government practitioners to be equipped with the basic Local Government financial management skills
becomes paramount. This presentation aims at guiding the participants through the hands-on
requirements for improved Local Government financial management.
Objectives
That by the end of the training, the participants would be able to:
1. Define a Local Government budget and its purposes-objectives of local taxation and expenditure
2. Describe integrated planning and budgeting in Local Governments
3. State/enumerate the various stakeholders in the Local Government participatory planning and
budgeting
4. Differentiate between revenue budget, recurrent expenditure budget, capital expenditure budget,
development budgets and other budget components
5. Explain the need for Local Government balanced budgets
6. Define/express/ prepare Local Government budgets based on the on Activity/ output oriented
budgeting
7. Define budget guidelines and budget call circulars and their importance in the Local Government
budgeting and planning
8. Explain the pre-conditions of a successful, transparent, participatory budgeting process
9. Identify the criteria for a successful budgeting process
10. Identify the stages and steps in the preparation of a Local Government budget
11. Identify the timing of the planning and budgeting cycle.
Orientation Course for Local Government Administrative Officers 117
Budgeting
Definition of a Budget
A Local Government budget is a monetary expression of a Local Government’s planned activities set to
be fulfilled in a specified timeframe, usually twelve months and based on clear policy objectives. It is a
predetermined statement of management policy during a given period which provides a standard for
comparison with the results actually achieved. It is a forecast of the expected income/Revenue and
expenditure over a predetermined period. This period is one year, for Local Governments in South
Sudan, running from July to June.
Purpose of a Budget
A Local Government needs a budget in order to achieve its mission through identified activities. A
budget permits a Local Government to undertake its programmes with effectiveness, efficiency and
economy. Through the budget, a Local Government informs its residents of the estimated level of
revenue to be realized during the year and also reflects the extent to which it is going to be spent.
A budget has two major components:
1. Revenue - showing all revenue sources of the Local Government
2. Expenditure- showing all expenses – Recurrent and capital/development budgets
Preconditions for Successful Budgeting
1. The preparation process has to be consultative and participatory in order to ensure ownership to
both processes and the approved budget
2. A systematic process of prioritization of programmes and expenditures which is based on informed
choices must take place
3. Planned outputs, activities and expenditure allocations in the annual work plan and budget estimates
must be realistic and achievable.
The Criteria for Successful Budgeting Process
Full Council/Executive Council is at the centre but should avoid monopolization, biased prioritization
and expenditure choices. Sufficient time must be reserved for participation of all stakeholders. Clear
linkages are necessary between plans and budgets, including recurrent cost implications on capital
investments and development projects.
Orientation Course for Local Government Administrative Officers 118
Revenue
Revenue can be defined as income .Revenue is income collected and received by a Local Government.
Importance of Revenue
Why collect revenue? It is imperative that all revenue due to a Local Government is collected, recorded,
controlled and accounted for. Revenue collected is important because the operations and function of
the council largely depend on the availability of revenue.
In addition, revenue is used for the following among others:
• Finance development projects
• Pay salaries and wages for employees of the council
• Pay councillors emoluments
• Finance development/maintenance costs etc..
Legal Provisions for Revenues
The provisions for Local Government revenues are as follows:
Transitional Constitution
‘’Article 166: the objects of Local Government are as follows:
• Promote self reliance amongst people through mobilization of local resources to ensure the
provision of services to communities in a sustainable manner
• Local Governments shall have powers to levy, charge, collect and appropriate fees and taxes in
accordance with the law
• The Government of South Sudan may pay grants-in-aid to states in support of their budgetary
deficits and that of Local Government councils.”
Local Government Act 2009
Local Government revenue provisions are given under ChapterVIII: Local Government Planning and
Finance, Section 72: Sources of Local Government Finance:
• Local Government councils shall be funded by a mixture of locally raised revenues, community
contributions, grants and loans according this Act.
• Each Council shall generate revenues from its available sources of funds to meet its expenditures.
Orientation Course for Local Government Administrative Officers 119
Section 74: Local Sources of Revenue:
Local councils may generate revenues from the following sources:
1. Taxes:
a. Council property tax
b. Social service tax
c. Council land tax
d. Animal tax
e. Gibana tax
f. Council sales tax
g. Hut tax
h. Capital gains tax
i. Produce tax(usher)
j. Any other taxes as may be authorized by law, rules and regulations.
2. Local Rates:
a. User service charges
b. licenses fee
c. Administrative fines
d. Royalties;
e. Permits
f. Customary court fees and fines
g. Contract fees
h. Auction fees
i. Any other fees and charges as may be authorized by law, rules and regulations.
3. Local Earnings from the council investments and projects.
4. Community Contributions. Each Council shall raise funds locally from community contribution in
the following forms:
a. Labour contribution
b. Monetary contribution
c. Contribution in-kind.
Orientation Course for Local Government Administrative Officers 120
5. Grant-in-Aid. The Local Government Council shall mobilize funds to meet local expenditures
through accessing grants from governments, donors and donor agents.
6. Government grants
a. The Council shall receive grant-in-aid form the Government of South Sudan and the State
b. The following grant may be allocated all or any of them to the Local Government council from
Sothern Sudan or State revenues:
• Conditional grants
• Block grants
• Equalization grants
• State support grants.
c. Any Government grants allocated under sub-section (i) above shall be disbursed through the
State Authorities directly into the bank accounts of each Local Government council through
which expenditure shall be regulated by the Local Council concerned.
7. Donors Grants (S78)
a. The donor grants may be:
• Direct external financial assistance to the Local Government council concerned;
• In-direct external financial assistance to Local Government council concerned channelled
through donor agencies, international and national nongovernmental organizations and
community based organizations operating in the Local Council areas; or
• Technical assistance to the Local Government councils.
b. The direct and indirect external assistances provided to the Local Government Authorities shall
be included as the grant revenue components of the Local Council Development Plans and
programs designed for implementation.
c. The donor funds granted to any Local Government Council shall be kept in a credible bank.
8. Loans (S 79)
a. The Local Government Councils as corporate bodies; shall, based on their credit worthiness;
have the right to borrow.
b. Each Council shall encourage and promote the establishment of micro-finance institutions from
which it may access local credit facilities for its local projects.’’
The Local Government Act, 2009, Chapter VII, Section 80, provides for the establishment of the Local
Government Development Fund.
Orientation Course for Local Government Administrative Officers 121
Financial Resources of Local Government
Local Council budgets should be based on the respective Council Local Funds and Aid Grants Funds.
Before the commencement of each financial year, the Finance Committee should prepare an annual
budget for approval by the legislative Council. The budget for each Council should contain all expected
revenues and expenditures for the forthcoming year, including recurrent, operational and capital
expenditures.
Budgets should be ‘Activity Based’ to facilitate local understanding and transparency.
Local Government authorities should be funded by a mixture of locally raised revenue and grants from
the ROSS and donor agencies, such as follows:
Local Revenues
Local Taxes
Property tax
Social service tax
Gibana tax
Land tax
Animal tax
Sales tax
Local Rates
Service/User charges
Licences
Fees and charges
Royalties
Agency Fees
Court Fees and Fines
Permits
Locally
Generated
Income
These are returns from investments and commercial business
ventures undertaken by a local authority as a corporate body
Community
Contributions
These are contributions from community members in the form
of cash or in-kind.
Orientation Course for Local Government Administrative Officers 122
Grants
Government
Grants
Block grants (and any other types of grants) transferred from the
ROSS Ministry of Finance, through the State Ministry of Finance, to
Local Governments. This transfer should be based on a specific and
simple allocation formula and disbursement criteria.
Donors Grants
External financial assistance from Donor agencies to Councils can be
effected in two ways:
Through bilateral agreements,
Through a Local Government Fund, which is a fund established as a
“basket” for donor grants directly committed to Local
Government development initiatives.
Any direct assistance from NGOs to Counties should be included in
the County Annual Development Plan and with the consent of the
Ministry of Local Government (except in cases of emergencies and
natural disasters)
Loans
As a corporate body a local authority has the right to borrow from the
national banking system as stipulated by the law. In order to create an
enabling environment for the necessary financial systems to be effected
it is recommended that the ROSS:
Expedite the development and enactment of tax legislation so as to
clarify which taxes can be collected at the three levels of
government.
Provide a simple allocation formula for the grants, which would take
into consideration the proportional responsibilities and functions of
each level.
Develop financial rules and regulations to guide financial
management.
Supervise the establishment of uniform financial systems.
• The above sources of local revenue may vary from one Local Government to another.
• The requirement is that every Local Government maintains a detailed list of its internal revenue
sources and in addition keeps relevant information on the total potential collectable revenue.
Activities in Revenue Management
The following are some of the main activities required in revenue collection:
1. Registration- identification and listing of tax payers2. Database - good revenue mobilization procedures do warrant the maintenance of up-to-date and
excellent databases. Databases are necessary for:
a. Making accurate revenue forecasts
b. Tracking defaulters
c. Making accurate and reliable assessments.
The data base might include the following:
a. Names of taxpayers, their bomas, payams, county and assessment number,
b. Estimated income for each taxpayer;
Orientation Course for Local Government Administrative Officers 123
c. Names of business, the type of business (retail, whole sale etc);
d. A mount assessed for each taxable item or individual;
e. Payment made to date;
f. Arrears due from individual taxpayers.
Where possible, modern methods of data base management should be used i.e. use of computer
technology to maintain and update the data base. Utilization of data capture templates such as shown
below as sample 1 – 3 also helps (samples).
1. Enumeration. Recording all source of income for an individual tax payer.
2. Assessment. Recording all income source for each tax payer on an assessment form and then
determining the tax payable after careful consideration. For example: Property tax amount per
Payam = No. of properties multiplied by the approved rate of tax.
3. Collection. Collection of revenue from the taxpayers. Procedures for the collection should be
approved by council/authority concerned depending on how the payer receives his or her income
for example, tax payable may be recovered directly on pay roll or for the self employed, and
payment could be in lumps sum on site.
4. Sensitization and Publicity. Involves holding workshops and seminars for the revenue collectors
and the tax payers and other forms of awareness campaigns on the importance of paying taxes say,
radio announcements, advertising, drama etc.
5. Enforcement. Following up tax defaulters, the regular checks on the licences and other payments
to ensure that all those who should pay actually pay and they pay the right amount. This is to avoid
revenue being paid into wrong hands.
General Considerations in Revenue Mobilisation
The following criteria are important considerations when deciding on the revenue sources for Local
Governments:
1. Adequacy. Identified revenue sources should be capable of yielding substantial revenue because
small revenue source are expensive in terms of expenditure on collection and efforts.
2. Elasticity. Local revenue source should be capable of yielding addition revenues respond to the
increasing demand for services from the community over time.
3. Equality. Equality means fairness. Taxes should be based on ability to pay by each tax payer.
4. Administrative Capacity. The costs, efforts and time involved in administering a particular
revenue source should not be more than the revenue collected.
5. Political Acceptability. Because some revenue sources are very unpopular.
Orientation Course for Local Government Administrative Officers 124
Best practices to be implemented
1. There are good practices that link taxes collected to services delivered
2. The principle of Output Oriented Budgeting (OOB) and Results Oriented Management (ROM) takes
precedence
3. To make the delivery of public services more effective and efficient, result oriented
management/budgeting should be adopted in all areas of public management; under this, the
emphasis of all public administrators is the achievement of well defined results
4. There is no point in using public resources without achieving the desired results.
Example
Item Sub
item
Revenue source Objective/output Estimated Amount
1130 11310 Taxes on immovable
property(property tax)
Establish the growth trend of the
trading centre
5,000,000
1410 14140 Rents Establish and track property
ownership
3,000,000
1160 11610 Cattle movement permit Control cattle rustling/stealing 1,000,000
Similarly, the engagement of customer friendly tax collectors, who explain the importance of taxes to
service delivery in a user friendly manner that enhances revenue collection in a local council, is very
important. The practice helps the community to appreciate the benefits of paying taxes and also makes
the tax collection exercise a lot easier.
Local Governments/Counties should always look at the following issues:
1. How can they ensure sustainable collection of revenue?
2. How do they ensure that revenue collection does not discourage business? (Higher tax does not
automatically mean more revenue collected.)
3. How can they ensure that taxpayers receive adequate services (get value for money), relate the
revenue collection to the objectives/outputs stated?
Orientation Course for Local Government Administrative Officers 125
Samples of Templates
Sample 1
COUNTY...............................................................
DEPARTMENT: Finance
FINANCES
Payam Expected
Sources of
Income
Expected
Amount
Potential Sources
of Income
Expected Amount
Sample 2
COUNTY...
DEPARTMENT: Finance
COMMERCIAL ACTIVITIES.
Income/Revenue
Items/Activities
Market Price Range. Current Fees
Charged
Remarks
Orientation Course for Local Government Administrative Officers 126
Sample 3
COUNTY……………………….
DEPARTMENT: Agriculture and Industry
LOCAL ECONOMY
PAYAM
AGRICULTURE CATTLE NATURAL RESOURCES
FOOD
CORPS
COMMERCIAL
CROPS COWS/CATTLE TYPE QUANTITY
(EST)
LOCAL
BREEDS
MIXED
BREEDS
Orientation Course for Local Government Administrative Officers 127
Sample 4
LOCAL GOVERNMENT BUDGET FORMAT (SUMMARY)
BUDGET SUMMARY FORMAT FOR LOCAL GOVERNMENTS
Previous
year
Actual
Rev/Exp
2008
(SP)
Current
year
Rev/Exp
Estimates
2009
(Sp)
Programme and Subprogramme
Current Year
estimated
Actual
Rev/Exp
2009
(SP)
Coming
year
Estimates
2010
(SP)
Following
year
estimates
2011
(SP)
Following
year
Estimates
2012
(SP)
REVENUES
LOCAL
REVENUE
Xxxxxx
x
×××× Local taxes ××××× ××××× ××××× ××××××
Xxxxx Xxxxxxx Local Rates xxxxxxxxx xxxxxxxx xxxxx Xxxxx
Xxxxxxx Xxxxxxx Locally
Generated
incomes
xxxxxx xxxxxxx xxxxxx Xxxxxxx
Xxxxxx Xxxxxx Community
Contributions
xxxxxxxx xxxxxxx xxxxxxx Xxxxxx
Xxxxxxx
x
Xxxxxxx SUBTOTAL xxxxxxxx xxxxxxx xxxxxxx Xxxxxx
GRANTS
Xxxx Xxx xxxx State xxxxx xxxx xxxx Xxxx
Xxxxxx Xxxx xxxxx ROSS xxxxx xxxxx xxxx Xxxx
Xxxx Xxxxxx xxxxx Donors Grants xxxx xxxx xxxx Xxxx
Xxxx Xxxx
LOAN
S
SPECIFY LOAN xxxx xxxxx xxxxx Xxxx
Xxxxx Xxxxxx GRAND TOTALREVENUE
xxxxxx xxxxx xxxx Xxxx
Previous
year
Actual
Exp
2008
(SP)
Current
year
Exp
Estimates
2009
(Sp)
Programme and Subprogramme
Current Year
estimated
Actual Exp
2007
(SP)
Coming
year
Estimates
2010
(SP)
Following
year
estimates
2011
(SP)
Following
year
Estimates
2012
(SP)
EXPENDITURE
RECURENT
Xxxxx Xxxx Xxxx Personnel
Emoluments
xxxxx xxxx xxxx Xxx
Xxxxx Xxxx Xxxx Operational xxxxx xxxx xxxx Xxx
Xxxxx Xxxx Xxxx Subtotal xxx xxxx xxx Xxxx
Xxxx Xxx Xxx CAPITAL/DEVEL
OPMENT
xxxxx xxxx xxxx Xxxx
GRAND TOTAL –
EXPENDITURE
xxxx xxxx xxx Xxxxx
Orientation Course for Local Government Administrative Officers 128
Documentation
For purpose of control of the revenue collected, the following documents must be maintained:
1. Revenue Registers
For each source of revenue ,including taxes rates, fees rents and other income, relevant revenue
registers are used to show details of revenue due, revenue collected and all arrears. The revenue
register must be up- dated regularly. All deletion must be properly authorized and all entries on the
register must be backed by the properly processed documents. The backing documents must be
maintained for inspection as and when required by the authorities.
2. Tax Collectors Records
Each tax collection maintains the following books as shown below:
a. A ticket register showing:
• all tickets received from the headquarters(LGB/State as may be the case) in blocks of their
denominations
• number of tickets of each denomination sold out
• the balance of tickets of each denomination.
b. A cash register / book.
3. Books of Accounts in Local Governments.
The main books of account to be maintained by Local Governments include:
Registers; Revenue registers, Ticket Registers, Asset registers, Cash Registers
Sample of a Revenue Register
Department/Section................................... Account code..................................
Description of item.............................................
Arrears
B/F
SP.
Revenue Due Revenue Received Amount
paid
Out/Banked
Amount
C/F
Remarks
Date Details Payers Amount
(sp)
Date Amount
received
(sp)
Receipt
number
SP Details SP
Orientation Course for Local Government Administrative Officers 129
Custody and Banking of Revenue
The role of the Chief Executive Officer at the Local Government council is to ensure security of cash
and other properties of council. For this reason, he ensures that council headquarters possess a strongroom to store valuables including cash, documents, valuable books of account and other valuables.
He/she ensures that revenue collectors are provided with relevant tools such as safes and cash –boxes
for which he /she maintains a register showing the location and the officer responsible.
All these precautionary measures are undertaken by the chief executive in his/her capacity as the
accounting officer. All revenue collected within a LG must be banked promptly on a revenue collection
account. The revenue collector or cashier who makes the banking must ensure copies of the banking
slips are provided to him/her as evidence and to be used for accounting purposes.
Recommended Practices
Recommended good practices in revenue collection and accountability are:
• Privatization of revenue collection
• Forming collection teams which go around the Local Government to collect funds e.g. for licenses
• Offering incentives to revenue collectors who reach their collection targets
• Using community leaders in the actual collection exercise
• Using carbonated/ triplicate receipts to evidence payments
• Production of timely/regular revenue performance reports with reasons for variances.
Orientation Course for Local Government Administrative Officers 130
Topic 4: Participatory Planning and Budgeting
The existing post-conflict situation in South Sudan provides for a system of government with three
levels: ROSS, State and Local Government.
The responsibilities of each level of government are indicated below:
Government Level Local Government
Institution Number Responsibility
1 ROSS Local Government Board 1 Corporate policy making, Legislation
and regulation
2 State
State Ministries of Local
Government
and Law Enforcement
10
Functional policy making, Legislation,
regulation and
Coordination.
3 Local
Government
Local Government
Councils 78 Service delivery planning, Programming
and implementation.
The roles and responsibilities of Local Government organs/officers:
PAYAMS
Payam = <<coordinate an administrative unit of Local Government>>, headed by
a Payam Administrator
Coordinate requests and wishes from Bomas, prioritize them and formulate the
Payam Development plan according to the allocated budget
Liaise with the County Technical team and Technical departments
Revenue collection?
Payam customary law courts
Orientation Course for Local Government Administrative Officers 131
Orientation Course for Local Government Administrative Officers 132
Council Budgeting Cycle (This cycle now changes to reflect the Constitutional change of the
fiscal calender from January to December to July 1 to June 30)
Council Annual Budget and Planning Cycle
JULY
Obtain final information on Grants
(Finance Ministry / LGFC)
Revise budget (Finance Committee)
Implement & monitor budget (Council
Committees & Executive)
Collect revenues
Compile monthly financial statements
Adjust budget if necessary
Annual audit of previous year, completed by
end October
JUNE
Consider objections made to charges and
adopt budget (Council)
Seek Ministerial approval for revised rates
and taxes
Notify constituents of taxes and rates for
payment (Executive)
MAY
Discuss draft budget and agree on
revised taxes and charges
(Council)
Advertise new charges (Executive)
JANUARY / FEBRUARY
Review present budget performance (1st stage
of annual review) (Council Committees)
Hold Council annual review based on Council
Committee reviews (Council & Executive)
Initiate preparation of new budget (Council
Committees & Executive)
APRIL
Adopt annual estimates for Committees and
submit to Finance Committee (Council
Committees)
Prepare draft budget (Executive & Finance
Committee)
Consult with taxpayers (Councilors &
Officials)
Finalize budget for submission to Council
(Finance Committee & Council Committee)
MARCH
Review tax/rates by-laws and revise levels for
ministerial approval (Council Committees)
Wages and salaries negotiations (Council &
Executives)
Obtain grant ceiling information for LGFC
Draw up estimates of incomes and
expenditures for each Committee to cover
overheads, services and capital development
activities (Council Committees)
Orientation Course for Local Government Administrative Officers 133
Expenditure
The expenditure budget estimates should be in two parts: Recurrent and Capital Development
expenditures.
Recurrent expenditure refers to expenditure that would be incurred in one financial year but capital
development expenditure relates to expenditure that can stretch beyond one financial year.
The annual budget is derived from the three-year development plan of a Local Government. This implies
that estimates of revenue and expenditure should agree with the development planA Recurrent Budget is composed of:
• Personnel emoluments (employee costs) – budget which deals with salaries and employee related
expenses
• Ordinary Budget or Recurrent /Operational Budget -to maintain the existing services and facilities.
A Development Budget/Capital Budget helps to carry out new Investments/ projects according to
a planned strategy and to give concrete shape of the development plans of the Local Government on an
annual basis.
During the budget preparation process, Local Governments receive budget calls and budget guidelines
from the National government/State. The main purpose of the call is to guide Local Governments,
through the planning and budgeting process and to ensure that inputs to the overall budget framework
are provided in a uniform and consistent manner.
The guidelines/call includes the following:
• Activities, events and timing of the budget process
• Resource projections and indicative sector ceilings
• Formats and technical procedures for preparing budget submissions.
The identification of expenditure needs follows the participatory approach and Output Oriented
Budgeting/Result Oriented Management principles.
Orientation Course for Local Government Administrative Officers 134
Local Government Expenditure Budget Format
Previ
ous
year
Actua
l Exp
2006
(SP)
Current year
Exp Estimates 2007
(Sp)
Program
me and
Subprogram
me
Current
Year
estimate
d
Actual
Exp
2007
(SP)
Comin
g year
Estima
tes
2008
(SP)
Follow
ing
year
estima
tes
2009
(SP)
Following
year
Estimates
2010
(SP)
EXPENDITURE
Objectiv
es
Administ
ration
Administra
tion
Personnel
Emoluments
Operational
Capital
xxxxx Xxxx xxxx Subtotal xxx xxxx xxx Xxxx
Personnel
Personnel
Emoluments
Operational
Capital
xxxxx Xxxx xxxx Subtotal xxx xxxx xxx Xxxx
Police
xxxx Xxx xxx Subtotal xxxxx xxxx xxxx xxxx
GRAND TOTAL -
EXPENDITURE
xxxx xxxx xxx xxxxx
Orientation Course for Local Government Administrative Officers 135
Unfunded priorities budget for the year ………….
The budget below is for priorities of the county in the various departments/sectors that have no funds
allocated to them in the budget. The county requests all partners to contribute by selecting/funding any
activity amongst the presented.
Previo
us year
Actual
Exp
2006
(SP)
Curre
nt year
Exp
Estima
tes
2007
(Sp)
Programme and Sub-programme Current
Year
estimat
ed
Actual
Exp
2007
(SP)
Coming
year
Estimates
2008
(SP)
Follow
ing
year
estima
tes
2009
(SP)
Followi
ng year
Estimat
es
2010
(SP)
EXPENDITURE
Objectives
Administ
ration
Administration
Personnel
Emoluments
Operational
Capital
Xxxxx Xxxx xxxx Subtotal xxx xxxx xxx Xxxx
Personnel
Personnel
Emoluments
Operational
Capital
Xxxxx Xxxx xxxx Subtotal xxx xxxx xxx Xxxx
Xxxx Xxx xxx Subtotal xxxxx xxxx xxxx xxxx
GRAND TOTAL -
EXPENDITURE
xxxx xxxx xxx xxxxx
Orientation Course for Local Government Administrative Officers 136
Raw data to support informed decisions should be in place through the use of data capture templates as
in the case of revenues.
Sample Data Capture Templates
COUNTY……………………….
DEPARTMENT……………….
POPULATION
PAYAM
FEMALE MALE
TOTAL
REMARKS
BELOW
15 YRS
ABOVE
15YRS
BELOW
15 YRS
ABOVE
15YRS
COUNTY……………………….
DEPARTMENT……………….
HEALTH
PAYAM
FACILITIES PERSONNEL
HOSPITALS H/UNITS TYPE NUMBERS REMARKS
IN PLACE
Orientation Course for Local Government Administrative Officers 137
COUNTY……………………….
DEPARTMENT: Education and sports
EDUCATION
PAYAM
INSTUTIONS PERSONNEL
(teachers)
STUDENTS/PUPILS
(at post secondary and presecondary education)
POST
SECONDARY
PRE
SECONDARY
TYPE/
GRADE
NUMBERS
IN PLACE
males Females
COUNTY……………………….
DEPARTMENT: Health and Water development
WATER AND SANITATION
PAYAM
Water points Sanitation(Latrines)
Protected Un
protected
Households with
place to go to
Households without places to go to.
COUNTY……………………….
DEPARTMENT: Administration
ADMINISTRATION
PAYAM no.
buildings
furniture manpower
required
manpower
in place
Gap NGOS/
CBOS operating
Orientation Course for Local Government Administrative Officers 138
The County Executive Council will propose council policies to be presented to stakeholders’ meetings
during the participatory planning /budgeting whose purpose is to:
1. Review past performance of council in respect of revenues and expenditures
2. Review of previous year’s achievements and shortcomings based on assessment of outputs and
outcomes achieved against resources spent and activities carried out
3. Review of charges and rates
4. Projected revenues collections in the council
5. Prioritisation of areas and allocations
6. Prioritisation and ranking of recurrent and development programmes.
Costing of Priorities
The main purpose of this function is to enable council implement only those projects/programmes that
can be funded from the projected revenues. Local Government councils should rank activities through
stakeholder meetings. It is where investment activities, recurrent and development plans are amicably
agreed upon after which the county technical team/planning team will incorporate all contributions and
information into the draft budget for the Local Government.
Review of Costed Priorities
The executive committee will review the draft budget to ensure an outcome of a balanced budget as
required by the regulations. An executive decision is then taken on the budget.
Orientation Course for Local Government Administrative Officers 139
Annual Work Plan/Budget
The formats to be applied by the sectors/departments should be based on:
1. Linking outcomes, outputs and activities to budget allocations
2. Taking into account the principles of OOB/ROM i.e. inputs leading to activities, activities leading to
outputs(results) and outputs leading to outcomes(achievement of objectives)
3. Identifying the responsibility persons/official at each level to make it clear who will be responsible
for achieving results at each level.
Sample Sector/Department Expenditure budget (Medium term)
Sector/De
pt
Item Subitem
Activity
Descriptio
n
Output/objecti
ve
Estimates
2008
(SP)
Estimates
2009
(SP)
Estimates
2010
(SP)
Education
Recurrent 2110 211102 Teachers’
salaries
Raise standards
of teaching
12,000,000 13,000,000 14,000,000
2120 21201 Casual
labour
Improved health
environment
300,000 300,000 300,000
2200 22052 Internet fees Updating
education sector
Records
1,000,000 1,000,000 1,000,000
2270 22701 Maintenance
of vehicles
and
equipments
Efficient services
provision
2,000,000 2,000,000 2,000,000
Subtotal 15,300,00
0
16,300,000 17,300,000
Capital 2810 28105 Purchase of
computers,
printers and
other IT
equipment
Efficient services
provision
10,000,000 5,000,000 3,000,000
2820 28202 Purchase of
Bicycles and
motorcycles
Efficient services
provision
5,000,000 3,000,000 2,000,000
2850 28505 Constructio
n of schools
Increase school
enrolments from
30% in 2007 to
45% in 2009
20,000,000 25,000,000 30,000,000
Sub total 35,000,00
0
33,000,000 35,000,000
Grand total(education expenditure) 50,300,00
0
49,300,000 52,300,00
Orientation Course for Local Government Administrative Officers 140
A work plan covers all activities carried out by a Local Government from all sources of funding and it is
normally attached to a budget as a supporting document.
Sample: LG INVESTMENT WORKPLAN AND BUDGET FOR FY 2008
County.........
Loca
l
govt/
Loca
tion
Sector
Investmen
t
descriptio
n
Budget(“000”) SP Sources of funds
1st qtr
2nd qtr
3rd qtr
4th qtr
Total
state
LGB
ROSS
LG
other
Total
(“000”)
SP
Edu
cati
on
Constructi
on of 5
classrooms
1,000
5,000
8,000
6,000
20,000
3,000
0
10,000
2,000
5,000
20,000
TOTALS
In case a budget is not approved by a Council before the commencement of the financial year, the
Council should spend money under various heads on pro rata basis in accordance with the budgetary
provisions of the preceding financial year for a period not exceeding three calendar months.
A budget should not be approved if:
1. The required sum to meet expenditures exceed estimated receipts
2. The new budget is not based on the actual performance of the previous year's budget.
Once the ROSS has approved its own budget, it should notify Local Governments of the actual grants
they should receive. The authorized Local Government Officer should specify the total contributions
made by the communities, which should be included in the budget. This is done through the budget call
circulars and guidelines that are sent to states and Local Governments.
Orientation Course for Local Government Administrative Officers 141
Budget Implementation
Approved Budget
After the approval of the budget by council, it becomes the responsibility of the Local Government to
respect and comply with the budget provisions. Compliance with the budget relates to approved work
plans and programmes. The implication of this requirement is that all revenue to be collected is actually
collected and that expenditure is limited to what was approved. The local council has to ensure that the
budget is used to achieve the targeted objectives based on effective, efficient and economic utilisation of
the limited council resources.
Management of Cash Flow and Work Plans
Local Governments should keep cash flow statements which will help them to ensure:
• Financial ability to meet current payments according to financial commitments
• Availability of cash at any time
• Budgetary control by comparing actual revenues and expenditures with the cash flow budget.
Successful cash flow management will ensure systematic implementation of work plans which would
have been approved by council together with the budget. A balanced cash flow ensures that a Local
Government is able to meet its commitments. Cash outflows should not exceed cash inflows hence
avoiding the deficits of cash.
Tracking Revenues and Expenditure
In order to ensure that the budget effectively and efficiently achieves the desired objectives, a record has
to be kept for what has been received and what has been spent. For example; a vote book ensures that
actual expenditure conforms to what was approved in the budget.
This is done to ensure that revenues and expenditures are controlled through regular updates and
postings. Inability to post/update books of accounts is itself a financial regulation violation.
Budgetary Control
Departments/sectors are not allowed to spend more than what was not approved. The accounting
officer at all council levels is to ensure compliancy with this provision. Similarly, a local council is not
permitted to transfer funds from one approved programme to programmes on expenditure items that
were not approved in the budget. Reallocation of funds requires formal approval through established
procedures.
If the council has not approved the budget most especially at the beginning of the year; in order to
ensure that council continues its operations, it is a financial requirement that council passes a resolution
authorising a vote on account expenditure.
Orientation Course for Local Government Administrative Officers 142
Financial accounting is the process of producing financial reports, in this case about financial activities
of a Local Government and presenting them to users.( e.g. councillors)
To be accountable means that one is required to be able to give a report or explanation of one’s
actions. Therefore, accountability is used to denote the explanation given by those who are accountable.
You will realise that accounting spans through all activities and transactions of a Local Government, it is
not limited to finances or funds.
Accountability Systems in Local Governments in South Sudan
Accountability systems in Local Governments is principally a creation of the law (it is a legal requirement
to account).This provision is made in Transitional Constitution Chapter VII: accounting standards;
185(1-3) Procedures, standards and Fiscal accountability compliancy with generally accepted accounting
standards (GAAS), and the LGF-10.3.3 accounts of Local Governments.
Purpose of Accounting: Why account?
1. To demonstrate compliance with the law and other conditional requirements
2. To show how much revenue was raised
3. To be accountable to the public for their use of their taxes
4. To demonstrate equity in the use of resources
5. To show the strength of the Local Government( in terms of assets owned)
6. To show whether the LG made a surplus or deficit
7. To demonstrate how resources were used among the different services
8. To demonstrate that policies are being carried out effectively and efficiently.
Accounting Information System
An information system is defined as ‘a system in which data is collected, processed, analysed and
communicated to facilitate those responsible for the use of resources’. The stakeholders, who are
charged with monitoring the use of Local Government resources in carrying out policy objectives, must
receive regular feedback/reports on the ongoing progress.
There are four main areas in the information system:
1. Data Capture - it is important that only relevant data is collected
2. Processing -this can be done manually or by computers
3. Communication - the way reports are presented is very crucial for them to be understood and
acted upon. All relevant data should be included and in an understandable language. If the council has
members who do not understand certain languages; effort should be made to have the reports
interpreted in the well understood language.
Orientation Course for Local Government Administrative Officers 143
4. Storage - data collected may not be needed immediately for reporting purposes; such data will be
required for later reference or audit, hence proper storage required.
The following are some of the qualities of accounting information system:
• The information presented should be material
• It should be relevant
• It should be reliable
• It should be understandable
• It should be comparable to accounts of previous periods
• It should be timely
• The benefit of the information must be more than the costs of getting that information unless
otherwise.
Sample Performance Analysis/Review Report
`
Sector Planned
Activity2007
Cost
(SDG)
Implemente
d
Activity2007
cost Variance Remarks/reasons
Educatio
n
Construction
of 10
classrooms
67,000,000 7 classrooms
constructed
67,000,000 20,100,000
intended for 3
classrooms
not
constructed
Increased cost of
materials and lack f
locally based
contractors/materials
Health Procurement
of 10,000
mosquito nets
30,000,000 12,000
mosquito nets
procured
30,000,000 2,000
mosquito nets
acquired
above the
planned
Subsidized purchase
price due to
government policy on
medical supplies.
Administ
ration
Procurement
of a vehicle
Toyota Land
cruiser for
commissioner
33,700,000 Not procured nil 33,700,000
vehicle was
not procured
Funds provided not
sufficient to procure
the intended vehicle
Etc
Revenue Analysis
Revenue details Planned revenues
2008
Actual
revenues
2008
Planned revenues
2009
Planned revenues
2010
Tax incomes 600,000 400,000 450,000 500,000
Property incomes 2,000,000 2,500,000 3,000,000 3,500,000
Cattle movement
permits
1,000,000 2,000,000 2,000,000 3,000,000
Market fees 15,000,000 16,000,000 20,000,000 25,000,000
Orientation Course for Local Government Administrative Officers 144
MEDIUM TERM BUDGET SUMMARY FORMAT
.......... LOCAL GOVERNMENT FOR THE YEAR..................
Previous
year
Actual
Rev/Exp
(SP)
Current
year
Rev/Exp
Estimates
(Sp)
Prog. Code....
Sub-code....
Current
Year
estimated
Actual
Rev/Exp(S
P)
Coming
year
Estimates
(Y0)
(SP)
Following
year
estimates
(Y1)
(SP)
Following
year
Estimates
(Y2)
(SP)
Revenues It
e
m
Details
1,900,000 2,300,000 11 Tax revenues 2,100,000 2,220,000 2,500,000 2,700,000
100,000 150,000 12 Staff
contributions
145,000 160,000 170,000 210,000
Total Rev. ×××× ××××× ××××× ××××× ××××××
Expenditure It
e
m
Details
000 5,000 21 Compensation
of employees
8,300,000 6,500,000 4,500,000 4,500,000
1,000,000 22 Goods and
services
38,200,000 30,000,000 25,000,000 20,000,000
Total Exp. ×××× ×××× ×××× ×××× ××××
Surplus/
Deficit
×××× ×××× ×××× ×××× ××××
After the approval of the Local Government budget, the following are the processes of sharing and
allowing for contributions from all stakeholders.
Action at State level:
• Approved copies are sent by the Local Government to the state Ministry of Local Government; the
document is given to the Budget sector working group into which financing for Local Government
falls
• The budget sector working group identifies/sorts out issues relevant for Local Government for its
attention and after that sends the copies to the state planning and development committee
• The state planning and development committee allocates/distributes the issues contained within the
Local Government budget to each relevant sector working group/ministry as the case will be.
• The ministries will then integrate those identified issues into their state ministries BSWG budget
presentations that are discussed and later passed by the state assembly as the ministries
undertakings for that period
Orientation Course for Local Government Administrative Officers 145
• The Local Governments are later given feedback of the activities that the state government
sectors/ministries will undertake in that respective Local Government.
Action at ROSS/LGB level
Approved copies are sent to the LGB (ROSS) for:
• Sorting out issues that are of national mandate and should be presented to ROSS ministry
responsible for its attention. If absorbed these issues end up into the ROSS budget and plan.
• Identifying issues that the LGB with its partners may find fitting into their programmes for
intervention, this if absorbed ends up with partner programmes for implementation.
• After, the LGB communicates back to the Local Government responsible of the position/feedback
on their BFP (budget framework paper).
Orientation Course for Local Government Administrative Officers 146
Topic 5: Management of Financial Records
Why Manage Records?
1. Financial records are very sensitive documents , they can be misused
2. Many financial documents are susceptible to theft
3. Most financial documents will be used at alter date for reference and audit
4. Some financial data is confidential
5. Many financial decisions need immediate financial data
6. Many financial records may have to be retained for several years.
Destruction of Financial Records
Financial records cannot be kept forever by the Local Governments. Inactive documents and files have
to be moved to an archive where they can stay for a limited number of years. The originals and copies
of vouchers and used receipts may be destroyed after six years, provided they have been audited by the
National Audit Chamber. Any destruction earlier than six years must first be approved by the Audit
Chamber.
The principle accounting books and records must be retained for a period not less than fifteen years.
Financial reports/statements
Local Governments are required to produce both monthly and annual financial statements. The
reporting requirements are mandatory and are intended to enforce accountability of the Local
Government to the relevant stakeholders including the public and other interested parties.
Components of financial statements
1. A revenue account that shows the financial performance of the Local Government over a given
period
2. A balance sheet that provides information about the assets, liabilities and ownership interests
(financing) of the Local Government
3. A trial balance, a list of all debit and credit accounts
4. A summary of revenue and Expenditure, prepared to show the actual outturn as compared to the
budgeted figures
5. Detailed statement of revenue and expenditure that represents the fund accounts for each
programme and sub programme, projects etc.
Orientation Course for Local Government Administrative Officers 147
Publication of Financial Information
Local Governments as public organisations need to be accountable to the communities. Publication
improves transparency and accountability at the local level and leads to good financial management.
The Need for Publication
1. To encourage communities to get involved in planning and budgeting
2. Communities should know how their money has been used
3. Transparency is enhanced
4. Beneficiaries should know the available funds and be able to monitor their use
5. May enhance local revenue collection To give local communities and others information about Local
Government activities to make it easier for the public, NGOs, CSOs and other interested parties to
make comparisons of, and judgements on the performance of their local authorities
6. Helps the elected representatives to judge their performance.
What Should be Published?
1. Budgets
2. Government grants to the Local Government
3. Monthly, quarterly and annual accounts
4. Procurement proceedings/minutes.
5. Donor grants
6. Financial decisions of council and or its committees
7. Agendas for council and its committees
8. Audit reports
9. Performance reports.
How to publish
This can be done through notice boards at public places that are accessible to the public, and/or:
1. Local press, in the local newspapers in a language that is understood by the community
2. Local radio programmes
3. Distribution of written documents to communities. NGOs, CBOs and opinion leaders
4. Regular community meetings at schools/ community centres, churches, mosques, health centres etc.
Orientation Course for Local Government Administrative Officers 148
Community Monitoring
The overall objective of publication of financial information should be to enable the citizens monitor on
a regular basis, the delivery of services by Local Governments. This should be achieved by involvement
of the community in management of projects, e.g. project management committees and in service
delivery such as school management committees. This monitoring can only succeed if the community
and Civil society knows/is aware of plans and budgets, the resources available and the level of services
provided with these resources. The system of bottom-upward communication should be adopted at
community levels.
Orientation Course for Local Government Administrative Officers 149
Module 6: LOCAL GOVERNMENT LEADERSHIP
Topic 1: Management and Leadership
Topic 2: Power and Leadership
Topic 3: Leadership Styles
Topic One: Management and Leadership
Introduction
An officer can be a manager but fail to perform as a leader. This is because leadership requires certain
attributes that should be exhibited by a manager so that those under him or her willingly follow his or
her direction. The Local Government Administrative Officer needs therefore to distinguish between
management and leadership.
Specific objectives
By the end of the topic the Local Government Administrative Officer should be able to:
1. Define management
2. Define Leadership
3. Distinguish between management and leadership.
Content
1. Meaning of management
2. Meaning of Leadership
3. Difference between Management and Leadership
Methodology
1. Lectures
2. Group discussions
3. Assessment
Resources
1. Facilitators
2. Audio-visual Aids
3. Flip charts
4. Stationery
Orientation Course for Local Government Administrative Officers 150
Meaning of Management
1. Management is the process of planning, organising, leading, and controlling the use of resources to
accomplish performance goals (Schermerhorn 2001)
2. Management is that which leads, guides and directs an organisation for the accomplishment of a
predetermined object (Schultz)
3. Management is the function in an industry concerned with the execution of policy within the limits set
by administration and the employment of the organisation for the particular objects set before it
(Sheldon)
As defined above the four functions of management are:
1. Planning which is the process of setting objectives and determining what should be done to
accomplish them.
2. Organising – the process of assigning tasks, allocating resources and arranging activities to
implement plans.
3. Leading – the process of arousing enthusiasm and directing efforts toward organisational goals.
4. Controlling – the process of measuring performance and taking action to ensure desired result.
(Source: Schermerhorn 2001)
The
Management
Process
Planning
Setting
performance
objectives and
deciding how to
achieve them
Organizing
Arranging tasks
people,
resources to
accomplish the
work
Leading
Inspiring people
to work hard
to achieve high
performance
Controlling
Measuring
performance
And taking
action to ensure
desired results
Orientation Course for Local Government Administrative Officers 151
In their management function, Local Government Administrative Officers assume certain roles (Henry
Muntzberg classifies these roles into three:
1. Interpersonal roles
2. Informational roles
3. Decisional roles
Interpersonal roles relate to how a manager interacts with other people within and outside the
organisation as:
• Figure head
• Leader
• Liaison
Informational roles involve giving, receiving and analysing information. In counties, Town Councils etc
the Local Government Officer is the fountain of information on government programmes, NGO
activities and receives complaints and requests from the public. He/She is an important communication
link.
Decisional roles involve processing information for decision making in such areas as planning, resource
allocation, response to emergencies and informing state and national levels of challenges faced at
community level. According to Schermerhorn the reality of management work is that:
• Managers work long hours
• Managers work at an intense pace
• Managers work at fragmented and varied tasks – (from food relief to strategic planning)
• Managers work with many communication media
• Managers work largely through interpersonal relationships.
Other than roles, managers require certain skills to carry out the management functions.
The skill levels vary depending on the level of the manager in the organization and the professional and
technical skills of the manager.
A skill can be defined as the ability to translate knowledge into action that results in desired
performance. According to Robert Katz the essential skills required by managers are:
• Technical skills are the ability to use a special proficiency or expertise in one’s work. e.g. an
accountant, engineer, planner, agriculturist etc.
• Human skill is the ability to work well with other people
• Conceptual skill is the ability to think analytically and solve complex problems.
Orientation Course for Local Government Administrative Officers 152
Lower Level
Manager
Middle Level
Manager
Top Level
Manager
Conceptual Skills Big
Human Skills Equal
Technical Skills smaller
Technical
The American Assembly of Collegiate Schools of Business outlines some of the skills and characteristics
managers should possess as:
1. Leadership - ability to influence others to perform tasks
2. Self objectivity - ability to evaluate oneself realistically
3. Analytical thinking - ability to interpret and explain patterns in information
4. Oral communication – ability to express ideas clearly in oral communication
5. Written communication - ability to express ones ideas clearly in writing
6. Personal impact - ability to create a good impression and instill confidence
7. Resistance to stress - ability to perform under stressful conditions
8. Tolerance for uncertainty - ability to perform in ambiguous situations.
Meaning of Leadership
Having discussed management it is necessary to now look at leadership since Local Government
Administrative Officers perform a leadership function in their areas of operations as Executive
Directors, their Deputies and Director Generals and their Deputies:
• Cronje (2001) defines leadership as the ability to influence others to cooperate willingly for the
attainment of the organizations predetermined goals.
• Schermerhorn (2001) defines leadership as the process of helping others to work hard to
accomplish important talks.
• Grace Hooper says: “You manage things, you lead people.”
• Keith Davis observed: “Without leadership, an organization is but a muddle of men and machines,
leadership transform potential into reality. It is the ultimate act which brings to success all the
potential that is in an organization and its people”.
• Wandell French states that: “Leadership is the process of influencing the behaviour of others in the
direction of a goal or set of goals or more broadly, towards a vision of the future”.
• Barnard defines leadership as referring to the quality of the behaviour of individuals, whereby they
guide people in their activities in an organized effort”.
Orientation Course for Local Government Administrative Officers 153
• Warren Bennis contends that; “the single defining quality of leaders is their ability to create and
realize a vision”.
Vision is a clear sense of the future.
Visionary leadership according to Schermerhorn 2001 is based on five principles:
1. Challenge the process – Be a pioneer – encourage innovation and support people who have
ideas.
2. Be enthusiastic – Inspire others through personal enthusiasm to share the vision.
3. Help others to act – Be a team player and support the efforts and talents of others.
4. Set the example – Provide a consistent role model or how others can and should act.
5. Celebrate achievements – Bring emotion into the achievements work place and rally hearts as
well as minds.
Difference between Management and Leadership
The definitions of management and leadership above clarify the meaning and relationship between the
two terms. Although often used interchangeably the two terms have significant differences and
emphasis. A manager focuses on the management functions of planning, leading, organizing and
controlling as a result of the formal position of authority held in the organization. A leader is any
person capable of persuading other people (followers) to strive for certain goals (formal or informal)
irrespective of position (Robbins 1996).
(In many countries new churches are coming up all the time as some ambitious members hive off to
form their own churches. Political parties follow the same trend etc..)
Kotter 1990 distinguishes management and leadership on four factors:
# Factor Manager Leader
1. Creating an agenda Plans and budgets Establishes direction
2. Developing a human network
for achieving the agenda
Concerned with organizing and
staffing
Concerned with aligning
people with future vision
3. Execution of the agenda Execute through problem
solving and controlling
Motivate and inspire
followers
4. Outcomes Produce a degree of
predictability and order
Produce useful change
According to Marshal 1991; “You can have a leader who is a good manager or a manager who is a
leader but the two functions are quite different and must not be confused”.
Orientation Course for Local Government Administrative Officers 154
Topic 2: Power and Leadership
Introduction
A manager is to a large extent able to exercise leadership due to their exercise of certain powers that
are either inherent in him/her or are acquired. Such powers have to be exercised wisely for leadership
to be effective.
The Local Government Administrative Officer needs to clearly understand such powers, their source
and their implications.
Specific Objectives
By the end of the module, the Local Government Administrative Officer should be able to:
1. Distinguish between different powers of a leader
2. Explain the course of power
3. Discuss the implications of the power in Local Government management
Contents
1. Different powers of a leader
2. Sources of Power
3. Implications of power in Local Government management
Methodology
1. Exercise
2. Presentations
3. Discussions
4. Assessments
Resources
1. Facilitators
2. Handouts
3. Audio/Visual Aids
4. Flipcharts
5. Stationery
Orientation Course for Local Government Administrative Officers 155
Different Powers of a Leader
1. Power can be defined as the ability to get someone to do something you want done or to make
things happen the way you want.
2. Power is necessary to influence and control others for the good of the organisation.
3. Power can also be viewed as the ability of a leader to influence the behaviour of others without
necessarily using authority.
4. “The foundation of effective leadership lie in the way a manager uses power to influence the
behaviour of other people” (Schermerhorn 2001).
5. Managers possess power of the position based on things managers can offer to others. As head of
office one has the prerogative to make certain decisions for the benefit of employees. Allowing an
employee to leave early because they have certain personal commitments is the prerogative of the
manager. Allocation of a certain type of office or accommodation does not necessarily require
organisation regulations but is left to the head of office.
6. The other type of power is person power. This is based on the perception of managers by others.
A new manager brings to the leadership position certain unique characteristics which are admired
and appreciated by others. When people begin to acclaim that they now have a leader, this is
usually based on person power which exhumes confidence and trust from not only subordinates,
but the community.
For success, in leadership, managers need both positions power and personal power.
Sources of Power
French and Raven propose five sources of power which can be grouped under position power and
Person Power.
Position Power manifests itself in the ability of the manager to have:
• Coercive Power – this is based on fear and the ability of the manager to punish subordinates for
not performing assigned tasks through such measures as, suspension, demotion, or salary
reduction or some such punitive measures.
• Reward Power -- is the ability of the leader to offer something of value as a means of influencing
other people.
• Legitimate Power – comes from the position of the leader in the organisation hierarchy or rights
of the office.
• The followers feel obliged to accept the leader’s authority. The authority of the County
Commissioner is higher than that of the Executive Director and will be accepted as such.
Orientation Course for Local Government Administrative Officers 156
• Sources of Personal Power -- lie within the individual manager
• Expert Power -- is derived from knowledge, special skills, specific expertise and critical information
possessed by the leader. Because of these attributes, the leader gains respect and compliance by
followers. One cannot be an effective leader if the office comes to a halt because a particular
official is off sick and seems to have answers to all issues relating to the operations of the office.
Although leaders cannot be all round experts, there are certain areas where they demonstrate
why they are in that leadership position. Some competence which must show from time to time.
• Referent Power – This based on the personality that the leader has such that other people want to
identify with the leader personally. The leader is seen as a role model.
Both personal and position power are important for the leadership function. The leader needs to
establish interpersonal networks to enable him/her to get information.
Effective leadership and isolation do not go together. To gain power the leader must be sympathetic to
others who are dependent on him/her. Leaders should enhance their visibility. The leader must be an
influential person in the organisation.
A manager should accept invitations to make presentations, participate in task forces and committee
to display leadership talents and capabilities. Managers should not hide in their offices.
A manager should remember that there is no substitute for expertise. Also:
• Likeable personal qualities are very important
• Effort and hard work gains respect
• Personal behaviour must support expressed values.
An effective leader is one who empowers subordinates. According to Schermerhorn (2001) a good
leader will:
• Get others involved in selecting their work assignments and the methods of accomplishing tasks
• Create an environment of cooperation, information sharing, discussion and shared ownership of
goals
• Encourage others to take initiative, make decisions and use their knowledge
• When problems arise find out what others think and let them help design solutions
• Maintain high morale and confidence by recognizing successes and encouraging high performance.
Orientation Course for Local Government Administrative Officers 157
Implication of Power in Local Government Management
Section 61, 63 and 65 of the Act detail the powers functions and duties of Executive Director, Chief
Executive Officer and Town Clerk respectively.
The Local Government Act assigns position power to these senior officers in the management of Local
Government Councils. As heads of administration, subordinates look up for guidance and leadership
from these offices.
It is important for these officers to appreciate the criticality of providing sound management through
the planning, organizing, leading and control function of managers and the leadership function of
creating and realizing the vision of the Local Government Council and influencing the behaviour of staff
to accomplish the goals of the Council. At the core of Local Government activities is the provision of
services and development. Such services are required by residents against a backdrop of insufficient
resources. This is where as pointed out by Schermerhorn (2001), “Great leaders get extraordinary
things done in organizations by inspiring and motivating others towards a common purpose”.
Managers at all level of Local Government from Boma to county have to appreciate that leaders are
not necessarily born leaders as was the belief in 1920s and 1930s. Leaders can be developed.
The head of office needs to create the space to allow for leadership development. The professional
training for Local Government Administrative Officer is elaborate as provided for in Section 66(3) of
the Local Government Act 2009. The development and consolidation of that training takes place in
the respective Local Government Councils. Leadership in those councils has to expose, empower and
equip the cadets in their chosen field.
As a lower level of government after ROSS and States, Local Government provides the critical
interface with communities and is an entry point for all players, government and non government at
that level. It must provide the necessary leadership based on sound ethics, professionalism and
integrity
Orientation Course for Local Government Administrative Officers 158
Topic 3: Leadership Styles
Introduction
There are various styles that a manager can adopt in leading staff. Each style may be appropriate under
certain circumstances. However, the leadership style adopted has a significant bearing on the
organisation or department. The Local Government Administrative Officer should clearly understand
these styles and their implications.
Specific Objectives
1. By the end of module the Local Government Administrative Officer should be able to:
2. Identify types of leadership styles
3. Examine the functions of leadership in different work situations
4. Identify the necessary qualities of a leader
Content
1. Types of leadership styles
2. Functions of leadership in work situations
3. Qualities of a leader
Methodology
1. Exercises
2. Group discussions and presentations
Resources
1. Facilitators
2. Audio/visual aids
3. Flipcharts
4. Handouts
Orientation Course for Local Government Administrative Officers 159
Leadership Styles
The literature identifies four theories or approaches to leadership:
• Trait Theories. These grew out of the search for qualities found in great or well known leaders
whom it was thought were born with leadership qualities. Research, however, failed to prove that
leaders have certain common characteristics or traits. Stogohll and Lilert identified two principal
aspects of leader behaviour: i.e. a concern for people and a concern for production. This led to
the development of the Management Grid by Blake and Mouton. Trait Theory, however tends to
ignore subordinates and Situational factors which have a bearing on leadership and performance. It
also fails to consider the fact that traits attributed to leaders are possessed by many who are not
leaders.
• Behavioural Theory. Trait theory focuses on what leaders ‘are’ whilst behavioural Theory
focuses on what leaders ‘do’. How they lead, how they behave, how they motivate people and
how they communicate.
• Contingency Approach. Focuses on match between leader’s behaviour and situational
characteristics.
• Charismatic Approach. Focus is on visionary, inspirational, empowering qualities of ‘super
leaders’.
Styles identified of leaders according to Laxmukanth (2007) include:
1. Autocratic Style. Also known as authoritarian or directive style of leadership. In this style the
entire authority is concentrated in the hands of the leader. He/she decides all policies, gives orders
to subordinates and demands complete obedience from them. The leader withholds rewards or
gives punishment.
2. Democratic Style. This is also known as the participative style where the leader allows
subordinates to participate in decision making process. All policies and decisions are arrived at
through group discussion. Communication flows freely and is multidirectional.
3. Laissez Faire Style. Also known as free reign style of leadership. In this style the leader gives
complete independence to subordinates in their operation. He/she allows them to set goals and
achieve them. The leader’s participation is minimal. The leader’s main task is to supply resources
and information required by subordinates.
Further insights into leadership thinking have brought on board transactional and transformational
leadership:
Transactional leadership is leadership that directs the efforts of others through tasks, rewards and
structure.
Orientation Course for Local Government Administrative Officers 160
Transformational Leadership on the other hand is inspirational leadership that gets people to do more
in achieving high performance. This recognizes that the manager must lead with a compelling
personality.
“Transformational leadership arouses followers to be more highly dedicated, more satisfied with their
work and more willing to put extra effort to achieve success in challenging times” (Schemerhorn
2001).
Peter Drucker contends that the foundation of effective leadership is defining and establishing a sense
of mission, accepting leadership as a responsibility rather than a rank and thirdly earning and keeping
the trust of others.
Functions of Leadership in an Organization
Functions of organizational leaderships according to Selznick include the following:
• Definition of organizational mission, goals and policies.
• Ensuring policy cascades to lower levels.
• Defence of institutional integrity.
• Maintaining balance of power among competing interests.
Barnard contends that a leader’s functions are the following:
• Determination of objectives.
• Manipulation of means
• Control of instrumentality of action
• Stimulation of coordinated action
Peter Drucker outlines the following as leadership functions:
• Lifting of man’s vision to higher sights
• Raising performance to high standards
• Building personality beyond its normal limitations
To Follet, the leader should perform the following functions:
• Coordination
• Definition of purpose
• Anticipation
Hick and Gullet outline the following as leadership functions:
• Supplying organizational objectives to members
• Arbitrating on disagreements among members
• Catalyzing to arouse the subordinate to action
Orientation Course for Local Government Administrative Officers 161
• Inspiring subordinates to work effectively towards accomplishment of organizational goals
• Praising subordinates to satisfy their recognition and esteem needs
• Providing security to followers when they face problems
• Representing the organization before others and serving as a symbol of the organization
Orientation Course for Local Government Administrative Officers 162
Qualities of a Leader
What qualities should Local Government Administrative Officers embody if they are to be effective in
their leadership position? The literature provides some insight into what makes effective leadership,
what employees see in their leaders and their perception of an effective leader.
1. Honest
2. Competent
3. Forward looking
4. Inspiring and credible.
A leader should be relied upon by subordinates. A leader should possess the necessary expertise and
competence to inspire confidence in subordinates. A leader should have vision and inspire confidence
in subordinates.
Chester Barnard outlines the attributes of a leader as:
1. Skill
2. Technology
3. Perception
4. Knowledge
5. Physique
6. Memory
7. Imagination
8. Determination
9. Courage.
A leader should have the following four qualities according to Laxmukanth:
1. Vitality and endurance
2. Decisiveness
3. Persuasiveness
4. Responsibility and intellectual capacity.
A good administrator and leader according to Appleby is one who:
1. Has willingness to assume responsibility
2. Demonstrates continuing personal growth
3. Is disposed towards action
4. Is a good listener who asks pointed questions
5. Works well with all sorts of people
6. Uses institutional resources wisely
7. Does not try to do it all and know it all.
Orientation Course for Local Government Administrative Officers 163
8. Cares for power only as it contributes to effectiveness
9. Has self confidence and is ready to admit limitations and errors
• Is accommodative of good and bad news
• Respects subordinates and superiors
• Constantly seeks to improve institutional performance
• Respects political processes and responsibilities in democratic governments.
To Mullet, leadership qualities include:
• Good health
• A sense of mission
• Interest in other people
• Intelligence
• A government ‘sense’ and political ‘sense.’
Terry outlines leadership qualities as:
• Energy
• Emotional stability
• Knowledge of human
• Relations
• Personal motivation
• Communication skills
• Teaching ability
• Social skill
• Technical competence.
To be effective leaders, Local Government administrative officers should be guided by the fact that
their main task is to inspire others to work hard to accomplish organizational goals. This only happens
if the leader himself/herself is inspired, has a clear vision and mission of the Local Government Council.
Whilst the officer wields both personal and position power, this should be used to achieve
organizational objectives not individual or family objectives.
Orientation Course for Local Government Administrative Officers 164
Module 7: DIVERSITY AND GENDER ISSUES
Introduction
The Local Government Administrative Officer should carry out his/her duties without any bias against
any group or category of people. In this respect, he/she should be impartial in dealing with people of
different gender, minorities and people of different age groups, racial backgrounds or religious
inclinations. The issue of gender imbalance is especially critical within Local Governments of South
Sudan where very few women are engaged in core positions. There should be room for equal
opportunities in terms of employment, promotion and access to welfare. Such an approach would be
consistent with both the Interim Constitution and the Local Government Act 2009.
Specific Objectives
By the end of this topic the participating Administrative Officer should be able to:
1. Explain the importance of diversity management in an organization
2. Explain the meaning of gender discrimination
3. Describe gender equity principles
4. Discuss core gender issues in society
5. Discuss gender position in Governments in South Sudan
Content
1. Importance of diversity management
2. Meaning of gender discrimination
3. Gender equity principles
4. Gender concepts including gender perspectives, gender stereotyping, gender awareness, gender
mainstreaming
5. Gender position in Local Government in South Sudan
Methodology
1. Presentations
2. Individual exercises and quizzes
3. Group discussions and plenary presentations
4. Case studies
Resources
1. Relevant Literature and cases
2. Interim Constitution
3. Local Government Act 2009
4. Audio/Visual aids
5. Flipcharts
Orientation Course for Local Government Administrative Officers 165
Topic 1: Diversity and Gender Issues
Importance of Diversity Management
Diversity management means putting together a well thought out strategy for attracting, monitoring,
developing, retaining and fully utilizing the talents of competent people, regardless of their race,
gender, ethnicity, religion, physical ability or sexual orientation. The goal of diversity management is to
create and maintain a culture where individual uniqueness is to be recognized and valued, and where all
workers feel welcomed and supported, and have the opportunity to work up to their full potential.
Diversity management is especially important to a young country like South Sudan. This is because all
types of skills are in short supply and the country needs to do everything it can to attract the best and
brightest minds. This requires taking away any barriers regarding employment, motivation, retention
and promotion of certain people because of their unique characteristics. Attracting such people is not
an end in itself but the people should be retained and utilized in the most effective ways possible. This
calls for proper placement of the employee without compartmentalizing people of given characteristics
into specific job categories. It may be surprising to note the extent of the creativity that may emanate
from proper diversity management within the civil service.
Meaning of Gender Discrimination
Gender refers to a set of characteristics that society has constructed to identify social behaviours of
women and men and the relationship between them. Gender discrimination basically refers to the
denial of opportunities because of the sex category (gender) of that person. It is usually used to refer
to the denial of opportunities to women when compared to their male counterparts of equal or lesser
competencies and skills. Gender discrimination at the work place may be manifested in many different
ways including:
• Biased Recruitment and Selection into the Service. This is especially common higher up in the
hierarchy of government service where women holding managerial positions are relatively few.
• Unequal Opportunities in Promotion. Promotion essentially should be based on merit in terms
of skills, competencies, education, attitudes and performance. However this may not exist in
practice due to certain ingrained discriminatory beliefs and practices.
• Non Inclusion in Decision Making. This happens where, although the women hold positions of
authority, their male counterparts tend to ignore them within the decision making. Sometimes
women are paid less than men at the same level, doing the same job.
• Harassment – This is unwarranted attention on a person that offends the sensitivities of that
person. It may be overt or covert. Harassment can emanate from a superior to a subordinate or
among colleagues. It can be psychological in nature with pronouncements and behaviour intended
to make other employees (especially female feel inadequate. A patronising attitude towards female
employees may be construed to be a form of harassment.
Orientation Course for Local Government Administrative Officers 166
Gender Equity Principles
There are certain principles which when applied judiciously would promote equity at the work place.
These include:
• That sustainable development depends on the full participation of women and in all aspects of
economic, political and social activity.
• That women’s contribution to development are constrained by barriers that result from unequal
gender relations.
• That to achieve gender equity, a government in general and Local Governments in particular must
be prepared to analyze obstacles to women’s participation.
• That it is imperative to take specific action to reduce these obstacles.
• That there is need to encourage women to participate in all aspects of economic, political, and
local activities.
Core Gender Issues in Society
These core gender issues in society relate to:
• Gender Perspective. Gender perspective is an analysis of the socio-economic, political, legal,
cultural and psychological levels of issues, to understand how differences between sexes affect and
are affected by policies and practices. It analyses how these factors relate to discrimination based
on sex, and how they may impose obstacles to a person’s opportunities and self development.
• Gender Stereotyping. This occurs when men and women persistently attribute certain
characteristics or roles to each other, thereby creating beliefs that are very strong. The perception
that men are strong and women are weak is an example. Gender stereotyping reinforces gender
inequality by portraying assumptions and conditions that maintains the inequality as biologically or
culturally fixed.
• Gender Awareness. This refers to the process of becoming aware that gender inequalities are
not caused by women inadequacies but by systematic discrimination which disadvantages all
women.
• Gender Mainstreaming. Gender mainstreaming can take place at all three levels, namely,
personal level organizational level, and programs or project level. These three levels are relevant
for Local Governments; staff of Local Governments should be gender sensitive and should become
gender responsive. There should be gender equity in all Local Government projects and
programmes. Gender mainstreaming is necessary because experiences and expectations of men
and women are different and the peculiar needs and interests should be addressed in policies and
resource allocation, failure to which may result in gender inequalities.
Orientation Course for Local Government Administrative Officers 167
Gender Position in the Republic of South Sudan
The ROSS takes the issue of gender equity very seriously. This is the reason why the issue is addressed
both in the Comprehensive Peace Agreement and the Transitional Constitution.
The CPA upheld the equal rights of men and women thus in article 1.6.2.16. “The equal right of men
and women to the enjoyment of all civil and political rights set forth in the international convention on
civil and political rights and all economic, social and cultural rights set forth in the international
covenant on economic social, and cultural rights shall be ensured.”
The Transitional Constitution includes in its Bill of Rights Article 16 (1) and 16 (5) a section on the
rights of women whose essence is that:
• Women be accorded full and equal dignity with men.
• Women have the rights to equal pay for equal work and other related benefits with men.
• Women have the rights to participate equally with men in public life.
• Women have the right to own property and share in the estate of their deceased husbands
together with any surviving legal heirs of the deceased.
In addition, it further stipulates that all levels of government in Southn Sudan shall:
• Promote women participation in public life and their representation in the legislative and executive
organs by at least 25% (an affirmative action measure to redress prior imbalances).
• Enact laws to combat harmful customs and traditions which undermine the dignity and status of
women.
• Provide maternity and child care and medical care for pregnant and lactating women.
• Article 142 (3) in relation to the independent institutions and commissions stipulates that “the
Government of South Sudan shall ensure that at least twenty five percent of the aggregate
membership of all such institutions and commissions shall be women.”
The Government of South Sudan has a set of core values to guide the conduct of employees, and
indeed policy formulation and associated procedures contained in the Policy Framework for the Public
Service of South Sudan, 2007, and the Manual of Public Service Procedures 2007. These core values
include inclusiveness (non discrimination) and equity and affirmative action (including gender minority
ethnic groups and disabled persons). These core values are clearly aimed at enhancing diversity and
gender balance.
THE INTERIM CONSTITUTION OF SOUTHERN SUDAN, 2005 II THE INTERIM CONSTITUTION OF SOUTHERN SUDAN, 2005 ARRANGEMENT OF PARTS, CHAPTERS AND ARTICLES ARRANGEMENT OF ARTICLES Part One Southern Sudan and the Constitution Chapter I The Constitution and Territory of Southern Sudan Article Page Preamble 1 1. Territory of Southern Sudan 2 2. Sovereign Authority of the People of Southern Sudan 2 3. Supremacy of the Constitution 2 4. Defence of the Constitution 3 5. Sources of Legislation 3 6. Language 3 7. Symbols 4 8. Religion in Southern Sudan 4 Chapter II Southern Sudan Right to Self-Determination 9. Affirmation of the Right to Self-Determination 4 10. Southern Sudan Referendum Commission 5 11. The Referendum on Self-Determination 5 12. Assessment and Evaluation Commission 5 Part Two Bill of Rights 13. Nature of the Bill of Rights 6 14. Sanctity of Rights and Freedom 6 15. Life and Human Dignity 6 16. Personal Liberty 7 17. Freedom from Slavery, Servitude and Forced Labour 7 18. Equality before the Law 7 19. Right to Found a Family 7 20. Rights of Women 7 21. Rights of the Child 8 22. Freedom from Torture 8 23. Fair Trial 8 24. Right to Litigation 9 III 25. Restriction on Death Penalty 9 26. Privacy 9 27. Religious Rights 9 28. Freedom of Expression and Media 10 29. Freedom of Assembly and Association 10 30. Right to Participation and Vote 11 31. Freedom of Movement and residence 11 32. Right to Own Property 11 33. Right to Education 11 34. Rights of Persons with Special Needs and the Elderly 12 35. Public Health Care 12 36. Right of Access to Information 12 37. Rights of Ethnic and Cultural Communities 12 Part Three Fundamental Objectives and Guiding Principles Chapter I Guiding Objectives and Principles 38. Guiding Objectives and Principles 13 39. Political Objectives 13 40. Economic Objectives 14 41. Education, Science, Art and Culture 15 42. Family 15 43. Children, Youth and Sports 16 44. The Environment 16 45. Defence of the Sudan 16 46. Regional Cooperation 17 47. Saving 17 Chapter II Citizenship, Rights and Duties 48. Citizenship and Rights 17 49. Duties of the Citizen 17 Chapter III The Decentralized System of Governance 50. Levels of Government in Southern Sudan 18 51. Devolution of Powers 18 52. Inter-Governmental Linkages 19 IV Part Four The Government of Southern Sudan 53. Establishment of the Government of Southern Sudan 20 54. Organs of the Government of Southern Sudan 20 55. Powers and Competences of the Government of Southern Sudan 21 56. Primary Responsibilities of the Government of Southern Sudan 21 Part Five Southern Sudan Legislature Chapter I Establishment, Composition, Powers and Functions of the Southern Sudan Legislature 57. Establishment of the Southern Sudan Legislative Assembly 21 58. Composition of the Assembly 22 59. Powers and Functions of the Assembly 22 60. Seat of the Assembly 23 61. Eligibility for Membership 23 62. Loss of Membership of the Assembly 24 63. By-elections 24 64. Oath of the Assembly Member 25 65. Term of the Assembly 25 66. Determination on Objections Related to Membership 25 67. Immunity of Members of the Assembly 25 68. Sessions of the Assembly 26 69. Officers of the Assembly 26 70. Emoluments of Members of the Assembly 26 71. Leader of the Opposition 27 72. Committees of the Assembly 27 73. Regulations of the Assembly 27 74. Quorum 27 75. Publicity of Sittings of the Assembly 27 76. Passing Legislative Resolutions 28 77. Privileges of Members of the Assembly 28 78. Address by the President of the Government of Southern Sudan 28 79. Address by the Vice President and Statements by Ministers and Governors 28 80. Questions Addressed to Ministers by Members of the Assembly 28 81. Request Statements 28 82. General Summons 28 83. Tabling of Bills 29 84. Procedures for Presentation and Consideration of Bills 29 85. Assent of the President of the Government of Southern Sudan 30 86. Provisional Orders 30 87. Bills Pertaining to Allocation of Resources and Revenues 31 88. General Budget Proposals Estimates and Related Bills 31 89. Private Member Financial Bills 32 V 90. Provisional and Supplementary Financial Measures 32 91. Final Accounts 33 92. Delegation of Powers of Subsidiary Legislation 33 93. Validity of the Proceedings of the Assembly 33 Chapter II 94. Interim Provisions for the Southern Sudan Legislative Assembly 33 Part Six The Southern Sudan Executive Chapter I The Southern Sudan Executive and Powers 95. Composition of the Executive 34 96. Powers and Competences of the Executive 34 Chapter II The President of the Government of Southern Sudan 97. The president 34 98. Eligibility for the Office of the President 35 99. Nomination and Election of the President 35 100. Postponement of Election of the President 35 101. Oath of the President 36 102. Tenure of office of the President 36 103. Functions of the President 36 104. Vacancy of Office of the president 37 105. Immunity and Impeachment of the President and Vice President 37 106. Contesting Acts of the President 38 107. Appointment and Removal of the Vice President 39 108. Functions of the Vice President 39 109. Vacancy of office of the Vice President 40 110. Presidential Advisors 40 Chapter III Interim Provisions for the President of the Government of Southern Sudan 111. The Office of the President and its Vacancy before Elections 40 Chapter IV Southern Sudan Council of Ministers 112. Establishment of the Council of Ministers 41 113. Composition and Competences of the Council of Ministers 41 VI 114. Oath of a Minister 41 115. Functions of the Council of Ministers 42 116. Functions of a Minister 43 117. Appointment and Removal of Ministers 43 118. Collective and Individual Accountability of Ministers 44 119. Vacancy of the Office of a Minister 44 120. Vote of No Confidence against a Minister 44 121. Declaration of Wealth and Prohibition of Private Business 45 122. Emolument and Remuneration 45 123. Confidentiality of Deliberations of the Council of Ministers 45 124. Contesting Ministerial Acts 45 Chapter V Interim Provisions for the Southern Sudan Council of Ministers 125. Council of Ministers before Elections 46 Part Seven The Judiciary of Southern Sudan 126. The Judiciary of Southern Sudan 46 127. Establishment and Structure of the Judiciary 47 128. Independence of the Judiciary 47 129. Composition of the Supreme Court of Southern Sudan 48 130. Competences of the Supreme Court of Southern Sudan 48 131. Courts of Appeal 49 132. High Courts 49 133. County Courts and Other Courts 49 134. Independence of Justices and Judges 49 135. Appointment of Justices and Judges of Southern Sudan 49 136. Discipline of Justices and Judges 50 137. Interim Provisions 50 Part Eight Public Attorneys and Advocacy in Southern Sudan 138. Public Attorneys and Legal Advisors 50 139. Interim Provisions 52 140. Advocacy in Southern Sudan 52 Part Nine The Southern Sudan Civil Service, Independent Institutions and Commissions Chapter I The Southern Sudan Civil Service 141. Establishment of Southern Sudan Civil Service 52 142. Basic Values and Guidelines for Civil Service 52 VII 143. The Southern Sudan Civil Service Commission 54 144. Powers and Functions of the Commission 54 145. Southern Sudan Employees Justice Chamber 55 Chapter II 146. Independent Institutions and Commissions 55 Chapter III Southern Sudan Anti-Corruption Commission 147. Establishment of the Anti-Corruption Commission 55 148. Functions of the Commission 56 Chapter IV Southern Sudan Human Rights Commission 149. Establishment of the Southern Sudan Human Rights Commission 56 150. Functions of the Commission 57 Chapter V 151. Southern Sudan Public Grievances Chamber 58 Chapter VI 152. Southern Sudan Relief and Rehabilitation Commission 58 Chapter VII 153 Demobilisation, Disarmament and Re-integration Commission 59 Part Ten Armed Forces, Law Enforcement Agencies and Security Chapter I Armed Forces in Southern Sudan 154. Composition, Status and Mission 59 155. Code of Conduct for the Armed Forces 60 156. Joint/Integrated Units 60 157. Redeployment of the Armed Forces 60 Chapter II The Sudan Peopleís Liberation Army 158. Mission and Duties 61 159. Command and Control 62 VIII 160. Funding 62 161. The Permanent Ceasefire 62 Chapter III The Law Enforcement Agencies and Security Service in Southern Sudan 162. The Police Service 63 163. The Prisons Service 63 164. The Wildlife Service 64 165. The Fire Brigade Service 65 166. The Security Service 65 Part Eleven The States, Local Government, Traditional Authority and Abyei Area Chapter I States of Southern Sudan 167. General Provisions 65 168. State Organs 66 169. State Executive 66 170. State Legislative Assembly 67 171. State Judiciary 68 172. Interim Provisions for States 69 Chapter II Local Government 173. Local Government 69 174. Traditional Authority 71 175. Role of Traditional Authorities 71 Chapter III Abyei Area 176. Citizenship, Special Status and Referendum 71 177. Security Arrangements 72 Chapter IV 178. Linkages and Cooperation with the Neighbouring Northern States 72 IX Part Twelve Finance and Economic Matters Chapter I 179. Guiding Principles for Development and Equitable Sharing of Common Wealth 72 Chapter II Land and Natural Resources in Southern Sudan 180. Regulation of Land and Natural Resources 74 181. Southern Sudan Land Commission 74 182. Cooperation between National and Southern Sudan Land Commissions 75 Chapter III 183. Framework for Petroleum Development and Management in Southern Sudan 76 Chapter IV Sources of Revenue in Southern Sudan 184. Sources of Revenue for the Government of Southern Sudan 77 185. Oil Revenue for the Government of Southern Sudan 78 186. Sources of Revenue of States in Southern Sudan 78 Chapter V Fiscal and Financial Institutions in Southern Sudan 187. Southern Sudan Revenue Fund 79 188. Southern Sudan Fiscal and Financial 79 Allocation and Monitoring Commission 79 189. Southern Sudan Reconstruction and Development Fund 80 Chapter VI Banking in Southern Sudan 190. Banking System in Southern Sudan 80 191. Establishment of Bank of Southern Sudan 81 192. Management of Foreign Exchange Resources 81 193. Borrowing 82 Chapter VII Accounting Standards 194. Accounting Procedures, Standards and Fiscal Accountability 83 X 195. Southern Sudan Audit Chamber 83 Chapter VIII 196. Interstate Trade and Commerce 84 Chapter IX: Transitional Provisions for Finance and Banking 197 Circulating Currencies in Southern Sudan 84 198 Government Liabilities and Assets 84 Part Thirteen: Natural Disasters 199. Natural Disasters 85 Part Fourteen: Census and Elections Chapter I: Census and Statistics 200. The Southern Sudan Centre for Census, Statistics and Evaluation 85 201. Southern Sudan Population Census 86 Chapter II: Elections in Southern Sudan 202 Time of Elections in Southern Sudan 86 203 Referenda in Southern Sudan 87 204 Running for Elections in Southern Sudan 87 Part Fifteen: Interim and Miscellaneous Provisions 205 Coming into Force 87 206 Amendment of this Constitution 87 207 Incorporation of the Comprehensive Peace Agreement in this Constitution 88 208 Interim and Miscellaneous Provisions 88 XI SCHEDULES Schedule (A): National Powers 89 Schedule (B): Powers of Government of the Southern Sudan 90 Schedule (C): Powers of States 92 Schedule (D): Concurrent Powers 93 Schedule (E): Residual Powers 94 Schedule (F): Resolution of Conflicts in Respect of Concurrent Powers 94 1 PREAMBLE We, the People of Southern Sudan, Grateful to Almighty God for giving the people of the Sudan the wisdom and courage to reach a peace agreement which ended a long and tragic conflict; Recalling our long and heroic struggle for justice, freedom, equality and dignity in the Sudan; Remembering and inspired by the selfless sacrifices of our martyrs, heroes and heroines; Committed to the Comprehensive Peace Agreement of January 9, 2005 and the Interim National Constitution of the Republic of the Sudan, 2005; Dedicated to a genuine national healing process and the building of trust and confidence in our society through dialogue; Determined to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law; Further committed to establishing a decentralized democratic multi-party system of governance in which power shall be peacefully transferred and to upholding values of human dignity and equal rights and duties of men and women; Cognizant of our duty and responsibility to safeguard and ensure the true exercise of our inalienable right to self-determination through a fair and an internationally monitored referendum; and Conscious of the need to manage our natural resources sustainably and efficiently for the benefit of the present and future generations and to eradicate poverty and attain the Millennium Development Goals; Do hereby adopt and promulgate this Interim Constitution of Southern Sudan, 2005, as the supreme law by which Southern Sudan shall be governed during the Interim Period, and undertake to abide by, respect and defend it. 2 PART ONE SOUTHERN SUDAN AND THE CONSTITUTION CHAPTER I THE CONSTITUTION AND TERRITORY OF SOUTHERN SUDAN Territory of Southern Sudan 1. (1) a) The territory of Southern Sudan comprises all lands and areas that constituted the former three Southern Provinces of Bahr el Ghazal, Equatoria and Upper Nile in their boundaries as they stood on January 1, 1956. b) The January 1, 1956 boundary line between the north and the south shall be inviolable, subject to the provisions of Article 183 (3) of the Interim National Constitution on Abyei Referendum. (2) Southern Sudan is governed on the basis of decentralization; its territory consists of ten states and is an all embracing homeland for its people. It is a multi-ethnic, multi-cultural, multi-lingual, multi-religious and multiracial entity where such diversities peacefully co-exist. (3) Southern Sudan is founded on justice, equality and respect for human dignity and advancement of human rights and fundamental freedoms; it is governed on the basis of a decentralized democratic system in accordance with this Constitution and the Interim National Constitution of the Republic of the Sudan, 2005. Sovereign Authority of the People of Southern Sudan 2. (1) Without prejudice to Article 2 of the Interim National Constitution, sovereign authority in Southern Sudan is vested in the people and shall be exercised through their democratic and representative institutions established by this Constitution and elected by them in regular, free and fair elections. (2) The authority of government at all levels in Southern Sudan shall derive from the people and shall be exercised in accordance with their will, this Constitution and the law. Supremacy of the Constitution 3. (1) Without prejudice to Article 3 of the Interim National Constitution, this Constitution shall be the supreme law of Southern Sudan and shall have binding force on all organs and agencies of government and persons throughout Southern Sudan. 3 (2) The interim constitutions and laws of the States of Southern Sudan shall comply with this Constitution and the Interim National Constitution. Defence of the Constitution 4. (1) No person or group of persons shall take or retain control of the Government of Southern Sudan except in accordance with this Constitution. (2) Any person or group of persons who attempts to suspend, overthrow or abrogate this Constitution commits treason; all citizens shall have the right and duty to resist any person or group seeking to overthrow this Constitution, if no other remedy is available. (3) All levels of government in Southern Sudan shall promote public awareness of this Constitution by translating it into Southern Sudan national languages and disseminating it as widely as possible. They shall provide for the teaching of this Constitution in all public and private educational and training institutions as well as in the armed and other regular forces, by regularly transmitting and publishing programmes in respect thereof through the media and press. Sources of Legislation 5. The sources of legislation in Southern Sudan shall be: (a) the Interim National Constitution; (b) the Interim Constitution of Southern Sudan; (c) customs and traditions of the people of Southern Sudan; (d) popular consensus of the people of Southern Sudan; and (e) any other sources. Language 6. (1) All indigenous languages of Southern Sudan are national languages and shall be respected, developed and promoted. (2) English and Arabic shall be the official working languages at the level of the governments of Southern Sudan and the States as well as languages of instruction for higher education. (3) There shall be no discrimination against the use of either English or Arabic at any level of government or stage of education. (4) English, as a major language in Southern Sudan, and Arabic, shall be the official working languages of the governments of Southern Sudan, and the states and the languages of instruction for higher education. (5) In addition to English and Arabic, the legislature of any sub- level of government in Southern Sudan may adopt any other national language as an additional official working language or medium of instruction in schools at its level. 4 (6) The Government of Southern Sudan shall promote the development of a sign language for the benefit of people with special needs. Symbols 7. The flag, emblem, public seal, medals, festivals and commemorations of Southern Sudan shall be specified by l aw. Religion in Southern Sudan 8. (1) In Southern Sudan, religion and state shall be separate. (2) All religions shall be treated equally and no religion shall be declared the official religion of Southern Sudan; religion or religious beliefs shall not be used for divisive purposes. CHAPTER II SOUTHERN SUDAN RIGHT TO SELF-DETERMINATION Affirmation of the Right to Self-Determination 9. (1) The people of Southern Sudan have the right to self-determination through a referendum to determine their future status. (2) Any Southern Sudanese who has attained the age of eighteen shall have the right to vote in the referendum. (3) For purposes of the referendum in sub-Article (1) above and without prejudice to Article 48 (2) herein, a Southern Sudanese is: (a) any person whose either parent or grandparent is or was a member of any of the indigenous communities existing in Southern Sudan before or on January 1, 1956; or whose ancestry can be traced through agnatic or male line to any one of the ethnic communities of Southern Sudan; or (b) any person who has been permanently residing or whose mother and/or father or any grandparent have been permanently residing in Southern Sudan as of January 1, 1956. Southern Sudan Referendum Commission 10. (1) A Southern Sudan Referendum Act shall be promulgated by the National Legislature at the beginning of the third year of the Interim Period. 5 (2) The Presidency of the Republic of the Sudan shall, as soon as the Southern Sudan Referendum Act is promulgated, establish the Southern Sudan Referendum Commission. The Referendum on Self-Determination 11. (1) Six months before the end of the six-year Interim Period, there shall be an internationally monitored referendum for the people of Southern Sudan organized by the Southern Sudan Referendum Commission in cooperation with the National Government and the Government of Southern Sudan. (2) The people of Southern Sudan, voting on a single ballot and by majority vote, shall either: (a) confirm unity of the Sudan by voting to adopt the system of government established under the Comprehensive Peace Agreement, this Constitution and the Interim National Constitution; or (b) vote for secession. Assessment and Evaluation Commission 12. (1) An independent Assessment and Evaluation Commission shall be established by the President of the Republic with the consent of the First Vice President of the Republic to monitor the implementation of the Comprehensive Peace Agreement during the Interim Period. (2) The Commission shall conduct a mid-term evaluation of the unity arrangements established under the Comprehensive Peace Agreement. (3) The Parties signatory to the Comprehensive Peace Agreement shall work with the Commission during the Interim Period with a view to improving the institutions and arrangements created under that Agreement and to make the unity of the Sudan an attractive option to the people of Southern Sudan. PART TWO BILL OF RIGHTS 6 Nature of the Bill of Rights 13. (1) The Bill of Rights is a covenant among the people of Southern Sudan and between them and their government at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice, equality and democracy in Southern Sudan. (2) The rights and freedoms of the individual and groups enshrined in this Bill shall be respected, upheld and promoted by all organs and agencies of the Government of Southern Sudan and by all persons. (3) All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified by the Republic of the Sudan shall be an integral part of this Bill. (4) This Bill of Rights shall be upheld by the Southern Sudan Supreme Court and other competent courts and monitored by the Southern Sudan Human Rights Commission. (5) The rights and freedoms guaranteed by this Constitution supplement and complement the Bill of Rights in the Interim National Constitution. Sanctity of Rights and Freedoms 14. Subject to Article 199 (2) herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the Constitutional Court, Southern Sudan Supreme Court and other competent courts; the Southern Sudan Human Rights Commission shall monitor its application in Southern Sudan in accordance with this Constitution and the law. Life and Human Dignity 15. Every person has the inherent right to life, dignity and the integrity of his or her person which shall be protected by law; no one shall be arbitrarily deprived of his or her life. Personal Liberty 16. Every person has the right to liberty and security of person; no person shall be subjected to arrest, detention, deprivation or restriction of his or her liberty except for specified reasons and in accordance with procedures prescribed by law. Freedom from Slavery, Servitude and Forced Labour 7 17. (1) Slavery and slave trade in every form are prohibited. No person shall be held in slavery or servitude. (2) No person shall be required to perform forced or compulsory labour except as a penalty upon conviction by a competent court of law. Equality before the Law 18. All persons are equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, birth, locality or social status. Right to found a family 19. Every person of marriageable age shall have the right to marry a person of the opposite sex and to found a family according to their respective family laws, and no marriage shall be entered into without the free and full consent of the man and woman intending to marry. Rights of Women 20. (1) Women shall be accorded full and equal dignity of the person with men. (2) Women shall have the right to equal pay for equal work and other related benefits with men. (3) Women shall have the right to participate equally with men in public life. (4) All levels of government in Southern Sudan shall: (a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs and traditions; (b) enact laws to combat harmful customs and traditions which undermine the dignity and status of women; and (c) provide maternity and child care and medical care for pregnant and lactating women. (5) Women shall have the right to own property and share in the estate of their deceased husbands together with any surviving legal heirs of the deceased. Rights of the Child 21. (1) Every child has the right: (a) to life, survival and development; (b) to a name and nationality; 8 (c) to know and be cared for by his or her parents or legal guardian; (d) not to be subjected to exploitative practices or abuse, nor to be required to serve in the army nor permitted to perform work which may be hazardous or harmful to his or her education, health or well-being; (e) to be free from any form of discrimination; (f) to be free from corporal punishment and cruel and inhuman treatment by any person including parents, school administrations and other institutions; (g) not to be subjected to negative and harmful cultural practices which affect his or her health, welfare and dignity; and (h) to be protected from abduction and trafficking. (2) In all actions concerning children undertaken by public and private welfare institutions, courts of law, administrative authorities or legislative bodies, the primary consideration shall be the best interest of the child. (3) All levels of government in Southern Sudan shall accord special protection to orphans and other vulnerable children; child adoption shall be regulated by law. (4) For the purposes of this Constitution, a child is any person under the age of eighteen years. Freedom from Torture 22. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Fair Trial 23. (1) An accused is presumed to be innocent until his or her guilt is proved according to the law. (2) Any person who is arrested shall be informed, at the time of arrest, of the reasons for his or her arrest and shall be promptly informed of any charges against him or her. (3) In all civil and criminal proceedings, every person shall be entitled to a fair and public hearing by a competent court of law in accordance with procedures prescribed by law. (4) No person shall be charged with any act or omission which did not constitute an offence at the time of its commission. (5) Every accused person shall be entitled to be tried in his or her presence in any criminal trial without undue delay; the law shall regulate trial in absentia. 9 (6) Any accused person has the right to defend himself or herself in person or through a lawyer of his or her own choice and to have legal aid assigned to him or her by the government where he or she is unable to defend himself or herself in serious offences. Right to Litigation 24. The right to litigation shall be guaranteed for all persons; no person shall be denied the right to resort to courts of law to redress grievances whether against government or against any individual or organization. Restriction on Death Penalty 25. (1)No death penalty shall be imposed, save as punishment for extremely serious offences in accordance with the law. (2) No death penalty shall be imposed on a person under the age of eighteen or a person who has attained the age of seventy. (3) No death penalty shall be executed upon a pregnant or lactating woman, save after two years of lactation. Privacy 26. The privacy of all persons shall be inviolable; no person shall be subjected to interference with his or her private life, family, home or correspondence, save in accordance with the law. Religious Rights 27. The following religious rights are guaranteed by this Constitution: (a) the right to worship or assemble in connection with any religion or belief and to establish and maintain places for these purposes; (b) the right to establish and maintain appropriate faith-based; charitable or humanitarian institutions; (c) the right to acquire, possess and own movable and immovable property and make, acquire and use the necessary articles and materials related to the rites or customs of religion or belief; (d) the right to write, issue and disseminate religious publications; (e) the right to teach religion or beliefs in places suitable for these purposes; (f) the right to solicit and receive voluntary financial and other contributions from individuals, private and public institutions; (g) the right to train, appoint, elect or designate by succession appropriate religious leaders called for by the requirements and standards of any religion or belief; 10 (h) the right to observe days of rest, celebrate holidays and ceremonies in accordance with the precepts of religious beliefs; and (i) The right to communicate with individuals and communities in matters of religion and beliefs in Southern Sudan and at national and international levels. Freedom of Expression and Media 28. (1) Every citizen shall have an unrestricted right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to order, safety or public morals as determined by law. (2) All levels of government in Southern Sudan shall guarantee the freedom of the press and other media as shall be regulated by law in a democratic society. (3) All media shall abide by professional ethics. Freedom of Assembly and Association 29. (1) The right to peaceful assembly is recognized and guaranteed; every person shall have the right to freedom of association with others, including the right to form or join political parties, associations and trade or professional unions for the protection of his or her interests. (2) Formation and registration of political parties, associations and trade unions shall be regulated by law as is necessary in a democratic society. (3) No association shall function as a political party at Southern Sudan or state level unless it has:- (a) its membership open to any Sudanese irrespective of religion, gender, ethnic origin or place of birth; (b) a programme that does not contradict the provisions of the Interim National Constitution and this Constitution; (c) a democratically elected leadership and institutions; and (d) disclosed and transparent sources of funding. Right to Participation and Voting 30. (1) Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself for a public post or office in accordance with this Constitution and the law. 11 (2) Every citizen shall have the right to vote or be elected in accordance with this Constitution and the law. Freedom of Movement and Residence 31. (1) Every citizen shall have the right to freedom of movement and the liberty to choose his or her residence in Southern Sudan except for reasons of public health and safety as shall be regulated by law. (2) Every citizen shall have the right to leave and or return to Southern Sudan. Right to Own Property 32. (1) Every citizen shall have the right to acquire or own property as regulated by law. (2) No private property may be expropriated save by law in the public interest and in consideration for prompt and fair compensation. No private property shall be confiscated save by an order of a court of law. Right to Education 33. (1) Education is a right for every citizen and all levels of government in Southern Sudan shall provide access to education without discrimination as to religion, race, ethnicity, HIV status, gender or disability. (2) All levels of government in Southern Sudan shall promote education at all levels and shall ensure free and compulsory education at the primary level; they shall also provide free illiteracy eradication programmes. Rights of Persons with Special Needs and the Elderly 34. (1) All levels of government in Southern Sudan shall guarantee to persons with special needs participation in society and the enjoyment of rights and freedoms set out in this Constitution, especially access to public utilities, suitable education and employment. (2) The elderly and persons with special needs shall have the right to the respect of their dignity. They shall be provided with the necessary care and medical services as shall be regulated by law. Public Health Care 35. All levels of government in Southern Sudan shall promote public health, establish, rehabilitate and develop basic medical and diagnostic institutions and provide free primary health care and emergency services for all citizens. 12 Right of Access to Information 36. Every citizen has the right of access to official information and records, including electronic records in the possession of any level of government in Southern Sudan or any organs or agencies thereof, except where the release of such information is likely to prejudice public security or the right to privacy of any other person. Rights of Ethnic and Cultural Communities 37. Ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures; members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this Constitution and the law. PART THREE FUNDAMENTAL OBJECTIVES AND GUIDING PRINCIPLES CHAPTER I OBJECTIVES AND PRINCIPLES Guiding Objectives and Principles 38. (1) All levels of government in Southern Sudan and all their organs, institutions and citizens shall be guided by the objectives and principles contained in this Chapter. (2) This Constitution shall be interpreted and applied to advance the individual dignity and address the particular needs of the people of Southern Sudan by dedicating public resources and focusing attention on the provision of gainful employment for the people, and improving their lives by building roads, schools, airports, community institutions, hospitals, providing clean water, electric power and telecommunications services to every part of Southern Sudan. 13 Political Objectives 39. (1) Governance in Southern Sudan shall promote democratic principles and political pluralism, and shall be guided by the principles of decentralization and devolution of power to the people through the appropriate levels of government where they can best manage and direct their affairs. (2) All levels of government in Southern Sudan shall: (a) uphold and implement the Comprehensive Peace Agreement, consolidate peace and create a secure and stable political environment for socio-economic development; (b) initiate a comprehensive process of national reconciliation and healing that shall promote national harmony, unity and peaceful co-existence among all people in Southern Sudan; (c) inculcate in the people of Southern Sudan a culture of peace, unity, cooperation, understanding, tolerance and respect for customs, traditions and beliefs of each other; and (d) mobilize popular energies and resources in Southern Sudan for reconstruction and development. (3) The security and welfare of the people of Southern Sudan shall be the primary duty of all levels of government in Southern Sudan. (4) The composition of governments in Southern Sudan shall take into account ethnic, regional and social diversity of Southern Sudan in order to promote national unity and command national loyalty. (5) All public offices in Southern Sudan shall be held in trust for the people and all persons in positions of leadership and responsibility shall be answerable to the people in their work. Economic Objectives 40. (1) The overall goal of economic development strategy in Southern Sudan shall be the eradication of poverty, attainment of the Millennium Development Goals, guaranteeing the equitable distribution of wealth, redressing imbalances of income and achieving a decent standard of life for the people of Southern Sudan. (2) All levels of government in Southern Sudan shall: (a) develop and regulate the economy of Southern Sudan in order to achieve prosperity through policies aimed at increasing production, creating an efficient and self-reliant economy and encouraging free market and prohibition of monopoly; 14 (b) protect and ensure the sustainable management and utilization of natural resources including land, water, petroleum, minerals, fauna and flora for the benefit of the people of Southern Sudan; (c) facilitate the development of the private sector, particularly indigenous entrepreneurs to establish and develop a viable private sector capable of participating effectively in reconstruction and development of Southern Sudan; (d) encourage private initiative and self-reliance and take all necessary steps to involve the people in the formulation and implementation of development plans and programmes that affect them and to enhance as well their right to equal opportunities in development; (e) promote agricultural, industrial and technological development by adopting appropriate policies and legislations for the encouragement and attraction of local and foreign investment; and (f) take necessary measures to bring about balanced, integrated and equitable development of different areas of Southern Sudan and to encourage and expedite rural development as a strategy for averting urban-biased development and policies that have been responsible for the neglect of rural communities. (3) The Government of Southern Sudan shall ensure that the wealth of Southern Sudan is equitably shared among all levels of government in Southern Sudan for the welfare of the people. Education, Science, Art and Culture 41. (1) All levels of government in Southern Sudan shall: (a) promote education at all levels to create the necessary qualified cadres for development; (b) mobilize public, private and communal resources and capabilities for education and promotion of scientific research geared towards development; (c) encourage and promote arts and craft and foster their patronization by government institutions and citizens; (d) recognize the cultural diversity of Southern Sudan and encourage such diverse cultures to harmoniously flourish and find expression through education and the media; (e) protect cultural heritage, monuments and places of national, historic or religious importance from destruction, desecration, unlawful removal or illegal export; and (f) protect, preserve and promote the cultures of the people of Southern Sudan which enhance their human dignity and are consistent with the fundamental objectives and principles set out in this Chapter. (2) The Government of Southern Sudan shall: 15 (a) guarantee academic freedom in institutions of higher education and protect the freedom of scientific research within the ethical parameters of research and as may be regulated by law; and (b) endeavour to avail the necessary financial resources to make education affordable at secondary and higher levels, including technical and vocational training, in order to bridge the educational gap caused by the collapse of educational services in Southern Sudan during the years of conflict. (3) Every person or group of persons shall have the right to establish and maintain private schools and other educational institutions at all levels in accordance with the conditions and standards provided by law. Family 42. (1) Family is the natural and fundamental unit of society and is entitled to the protection of the law. (2) All levels of government in Southern Sudan shall promote the welfare of the family and enact the necessary laws for its protection. (3) It is the right and duty of parents to care for and bring up their children. (4) Children shall not be separated from their parents or persons legally entitled to care for them against the will of such parents or persons, except in accordance with the law. Children, Youth and Sports 43. All levels of government in Southern Sudan shall: (a) adopt policies and provide facilities for the welfare of children and youth and ensure that they develop morally and physically, and are protected from moral and physical abuse and abandonment; (b) promote recreational facilities and sports for all the citizens and empower the youth to develop their potentials; and (c) establish, protect and support popular sports institutions and guarantee their independence. The Environment 44. (1) Every person or community shall have the right to a clean and healthy environment. (2) Every person shall have the right to have the environment protected for the benefit of present and future generations, through reasonable legislative action and other measures that: 16 (a) prevent pollution and ecological degradation; (b) promote conservation; and (c) secure ecologically sustainable development and use of natural resources while promoting rational economic and social development so as to protect genetic stability and bio-diversity of Southern Sudan. (3) All levels of government in Southern Sudan shall promote energy policies that will ensure that the basic needs of the people are met while protecting and preserving the environment. Defence of the Sudan 45. (1) Defence of the Sudan in general and Southern Sudan in particular, is an honour and a duty of every citizen in Southern Sudan without prejudice to Article 18 of the Interim National Constitution. (2) The law shall provide for the care of the combatants, the wounded, the families of martyrs and those missing in action. Regional Cooperation 46. The Government of Southern Sudan shall establish, develop and maintain good relations and cooperation with foreign governments, foreign non-governmental organizations and associations for mutual advantage in trade, investment, culture, sports, education, credit, loans, grants, technical assistance and other fields of development cooperation. Saving 47. Unless this Constitution otherwise provides, or a duly enacted law guarantees the rights and liberties described in this Chapter, the provisions contained in this Chapter are not by themselves enforceable in a court of law; however, the principles expressed herein are basic to governance and the Government of Southern Sudan shall be guided by them, especially in making policies and laws. CHAPTER II CITIZENSHIP, RIGHTS AND DUTIES Citizenship and Rights 48. (1) Every person born to a Sudanese mother or father shall have an inalienable right to enjoy Sudanese nationality and citizenship. 17 (2) Citizenship is the basis of equal rights and duties for all Sudanese in Southern Sudan, subject to Article 9 (3) of this Constitution. (3) Every citizen in Southern Sudan shall enjoy all the rights guaranteed by this Constitution and the Interim National Constitution. (4) The law shall establish a public registry of every birth, marriage or death in Southern Sudan. Duties of the Citizen 49. (1) It shall be the duty of every Sudanese citizen in Southern Sudan to uphold and abide by this Constitution and respect the laws of Southern Sudan. (2) Every citizen in Southern Sudan shall in particular: (a) defend the country and respond to the call for national service in accordance with the provisions of the Interim National Constitution, this Constitution and the law; (b) abhor violence and promote harmony, unity, fraternity and tolerance among all people of Southern Sudan in order to transcend ethnic, religious, geographical, and political divisions; (c) preserve public funds and assets and respect legal and financial obligations; (d) avert and combat corruption and sabotage; (e) participate fully in the development of Southern Sudan; (f) take part in general elections and referenda as stipulated in this Constitution and the law; (g) abide by the law and co-operate with the appropriate agencies in the maintenance of law and order; (h) protect the environment and conserve natural resources; (i) be guided and informed in all actions by the interests of the nation and Southern Sudan and the principles enshrined in this Constitution and the Interim National Constitution; (j) promote democracy, good governance and the rule of law; and (k) respect the rights and freedoms of others. CHAPTER III THE DECENTRALIZED SYSTEM OF GOVERNANCE Levels of Government in Southern Sudan 50. Southern Sudan shall have a decentralized system of government with the following levels: (a) the government of Southern Sudan level which shall exercise authority in respect of the people and states in Southern Sudan; 18 (b) the state level of government, which shall exercise authority within a state, and render public services through the level closest to the people; and (c) local government level within the state, which shall be the closest level to the people. Devolution of Powers 51. (1) The following principles shall guide the devolution and exercise of powers: (a) affirmation of the need for norms and standards of governance and management at the state and local government levels that reflect the unity of Southern Sudan while recognizing the diversity of its people; (b) acknowledgement of the role of the Government of Southern Sudan and the states in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms; (c) recognition of the need for the involvement and participation of all people of Southern Sudan at all levels of government as an expression of unity; and (d) pursuit of good governance through democracy, separation of powers, transparency, accountability and respect for the rule of law to enhance peace, socio-economic development and political stability. (2) The Government of Southern Sudan shall: (a) exercise its competences in accordance with the Comprehensive Peace Agreement, this Constitution and the Interim National Constitution. (b) respect the powers devolved to the states and local government. Inter-Governmental Linkages 52. (1) In the administration of the decentralized system of governance in Southern Sudan, the following principles of inter-governmental linkages shall be observed: (a) The linkage between the national government and the states in Southern Sudan shall be through the Government of Southern Sudan and the linkage between the Government of Southern Sudan and the local government shall be through the government of the relevant state; (b) In their relationships with each other or with other government organs, all levels of government, particularly Southern Sudan and state governments, shall observe the following: 19 (i) respect each other’s powers and competences; and (ii) collaborate in the task of governing and assist each other in fulfilling their respective constitutional obligations. (c) Government organs at all levels in Southern Sudan shall perform their functions and exercise their powers so as: (i) not to encroach on or assume powers or functions conferred upon any other level except as provided for by this Constitution; (ii) to promote co-operation by rendering assistance and support to other levels of government; (iii) to promote open communication and coordination between all levels of government; (iv) to adhere to procedures of inter-governmental interaction and comity; (v) to respect the status and institutions of other levels of government; and (vi) to promote amicable settlement of disputes before attempting litigation. (d) The harmonious and collaborative interaction of the different levels of government shall be within the context of national unity and for the achievement of a better quality of life for all. (2) Any two or more states in Southern Sudan may agree on mechanisms or arrangements to enhance inter-state co-ordination and co-operation. PART FOUR THE GOVERNMENT OF SOUTHERN SUDAN Establishment of the Government of Southern Sudan 53. (1) There shall be established in Southern Sudan a government to be known as the Government of Southern Sudan. (2) The Government of Southern Sudan is the institution around which the people of Southern Sudan are politically, economically, socially and culturally organized. (3) The powers of the Government of Southern Sudan emanate from the will of the people of Southern Sudan, the Comprehensive Peace Agreement, this Constitution and the Interim National Constitution. (4) The City of Juba shall be the capital of Southern Sudan and the seat of the Government of Southern Sudan. Its territory and administration shall be defined and regulated by law. 20 Organs of the Government of Southern Sudan 54. The Government of Southern Sudan shall have the following organs: (a) the Legislature; (b) the Executive; and (c) the Judiciary. Powers and Competences of the Government of Southern Sudan 55. The Government of Southern Sudan shall exercise exclusive legislative and executive authority on all functional areas in Schedule B; it shall also exercise legislative and executive authority on all concurrent and residual matters as set forth in schedule D read together with schedules E and F herein. Primary Responsibilities of the Government of Southern Sudan 56. (1) The primary responsibilities of the Government of Southern Sudan shall be, inter alia: (a) the maintenance of peace and security; (b) reconstruction and development; (c) promotion of good governance and welfare of the people; (d) implementation of the Comprehensive Peace Agreement; (e) exercising authority in respect of Southern Sudan and the States of Southern Sudan; (f) acting as the link between the National Government and the States of Southern Sudan; and (g) ensuring the protection of the rights and interests of the people in Southern Sudan. (2) The Government of Southern Sudan shall discharge its duties and exercise its powers as set forth in the Comprehensive Peace Agreement, this Constitution, the Interim National Constitution, and any other agreement relating to the development and reconstruction of Southern Sudan. PART FIVE SOUTHERN SUDAN LEGISLATURE CHAPTER I ESTABLISHMENT, COMPOSITION, POWERS AND FUNCTIONS OF THE SOUTHERN SUDAN LEGISLATURE 21 Establishment of the Southern Sudan Legislative Assembly 57. (1) There shall be established in Southern Sudan a legislature to be known as the Southern Sudan Legislative Assembly. (2) The legislative competences of the Government of Southern Sudan shall vest in the Southern Sudan Legislative Assembly in respect of all matters assigned to it in Schedules B and D read together with Schedules E and F herein. (3) The Assembly shall exercise its legislative powers through bills assented to by the President of the Government of Southern Sudan in accordance with this Constitution. Composition of the Assembly 58. (1) The Southern Sudan Legislative Assembly shall consist of: (a) members directly elected to represent territorial constituencies; (b) women, who shall constitute at least twenty- five percent of the total membership; and (c) such number of representatives of other categories as may be determined by law. (2)Members of the Southern Sudan Council of Ministers who are not members of the Assembly shall participate in the deliberations of the Southern Sudan Legislative Assembly but shall not have the right to vote. (3) Following the outcome of the population census, the Government of Southern Sudan shall determine the number of electoral constituencies for Southern Sudan Legislative Assembly after consultation with the National Election Commission and the Presidency of the Republic. (4) Members of the Southern Sudan Legislative Assembly shall be elected through universal adult suffrage in free and fair elections and by secret ballot. Powers and Functions of the Assembly 59. (1) The Southern Sudan Legislative Assembly represents the will of the people of Southern Sudan and shall foster their unity and that of the nation, exercise legislative functions, oversee the Executive, and promote the decentralized system of government in Southern Sudan. (2) Without prejudice to the generality of sub-Article (1) above, the Southern Sudan Legislative Assembly shall exercise the following functions:- (a) consider and pass amendments to this Constitution; 22 (b) enact legislations on all matters assigned to it by the Comprehensive Peace Agreement, this Constitution and the Interim National Constitution; (c) discuss statements by the President of the Government of Southern Sudan and take any decisions as may be necessary; (d) authorize annual allocation of resources and revenue, in accordance with Article 87 of this Constitution; (e) reconsider a bill which has been rejected by the President of the Government of Southern Sudan under Article 85(2) herein; (f) oversee the performance of Southern Sudan Government organs; (g) approve appointments as required by this Constitution or the law; (h) impeach the President and the Vice President of the Government of Southern Sudan; (i) approve plans, programmes and policies of the Government of Southern Sudan; (j) approve the annual budgets; (k) ratify bilateral technical cooperation agreements; (l) adopt resolutions on matters of public concern; (m) summon ministers to answer questions of members of the Assembly on matters related to their Ministries; (n) interrogate ministers about their performance or the performance of their ministries and may cast a vote of no confidence against any minister; (o) enact legislations to regulation of the conditions and terms of service of the Southern Sudan Judiciary and its oversight mechanisms; (p) oversee Southern Sudan Reconstruction and Development Fund; and (q) perform any other functions determined by this Constitution, the Interim National Constitution or the law. Seat of the Assembly 60. 1. The Southern Sudan Legislative Assembly shall convene its sessions at its seat in the Southern Sudan Capital, Juba, but not withstanding the above, the Speaker may call the Assembly for an extraordinary sitting to convene at any other place in Southern Sudan. Eligibility for Membership 61. (1) A candidate for membership of the Southern Sudan Legislative Assembly shall:- (a) be a Sudanese; (b) be at least twenty-one years of age; (c) be of sound mind; (d) be literate; and (e) not have been convicted during the last seven years of an offence involving honesty or moral turpitude. 23 (2) Membership of the Southern Sudan Legislative Assembly shall not be combined with the membership of either the National Legislature or National Council of Ministers. (3) Members of the Southern Sudan Legislative Assembly and Southern Sudan Council of Ministers shall not be eligible for membership of state legislatures or state councils of ministers while occupying the aforementioned positions. Loss of Membership of the Assembly 62. (1) Membership of the Southern Sudan Legislative Assembly shall be lost by a resolution passed by this body in any of the following cases: (a) mental infirmity or physical incapacity; (b) conviction for an offence involving honesty or moral turpitude; (c) absence from a number of sittings of the Assembly without permission or acceptable reasons, as shall be determined by the Assembly regulations; (d) announcement of his or her written resignation in the Assembly; (e) change of political affiliation or party on whose ticket he or she was elected to the Assembly; (f) assumption of any constitutional office in the national government or any state government; and (g) death. (2) Upon vacation of the seat of a member of the Southern Sudan Legislative Assembly, his or her successor shall be elected in the appropriate manner prescribed by this Constitution and the law within a period of sixty days. By-elections 63. (1) When a vacancy occurs in respect of any constituency, the Speaker of the Assembly shall in writing notify the National Elections Commission within ten days from the occurrence of that vacancy. (2) A by-election to fill the vacancy shall be held within sixty days following occurrence of the vacancy. (3) No by-election to fill a vacancy may be held within the three months prior to the next general elections. Oath of a Assembly Member 64. To assume his or her functions, every member of the Southern Sudan Legislative Assembly shall take the following oath before the Assembly: 24 “I…….......…....., having been elected as Member of the Southern Sudan Legislative Assembly, do hereby swear by Almighty God /solemnly affirm/ that I will bear faith and allegiance to Southern Sudan and its people; that I will obey and respect this Constitution and the Interim National Constitution and abide by the law; and that I will faithfully and conscientiously discharge my duties as a member of the Southern Sudan Legislative Assembly and serve the people of Southern Sudan to the best of my ability; and so help me God/ God is my witness. Term of the Assembly 65. (1) The term of the Southern Sudan Legislative Assembly shall be five years commencing from the date of its first sitting. (2) General elections for the Southern Sudan Legislative Assembly shall be held not later than the end of the fourth year of the Interim Period. Determination on Objections Related to Membership 66. Objection regarding the validity of nomination or election of a member from a constituency in Southern Sudan to either the National Legislature or Southern Sudan Legislative Assembly shall be determined by competent courts of law in Southern Sudan in accordance with the provisions of the national elections law. Immunity of Members of the Assembly 67. (1) No criminal proceedings shall be initiated against a member of the Southern Sudan Legislative Assembly; nor shall any measure be taken against his or her person or belongings without permission from the Speaker, except where he or she is caught committing an offence for which the police may arrest without warrant. (2) In case a member is charged with a serious crime, the Assembly may waive the immunity of the member concern. Sessions of the Assembly 68. (1) The Southern Sudan Legislative Assembly shall hold its first sitting upon convocation by the President of the Government of Southern Sudan within thirty days following the official declaration of the results of the elections. The first sitting shall be chaired by the eldest of the members present. (2) Without prejudice to Article 103 (2) (h) herein, the Assembly shall determine the commencement and closure dates of its sessions. (3) The Assembly may convene an emergency or extraordinary session on the request of half of its members or upon a call from the President of the Government of Southern Sudan. 25 Officers of the Assembly 69. (1) The Assembly shall have a Speaker and a Deputy Speaker to be elected from among its members at the first sitting. (2) The Speaker shall preside over sittings of the Assembly, control order and supervise the administrative affairs thereof. He or she shall represent the Assembly in and outside Southern Sudan. (3) The Assembly shall elect its other leaders and chairpersons of the specialized committees and members of ad hoc committees as may be determined by its internal regulations. (4) The Speaker, upon approval of the Assembly, shall appoint a Clerk for the Assembly, who shall not be a member of the Assembly. The Clerk of the Assembly shall be responsible for preparing the sessions of the Assembly and running of its administrative affairs under the supervision of the Speaker. (5) The Assembly shall consider broad inclusiveness in the apportionment of its positions. Emoluments of Members of the Assembly 70. (1) Members of the Southern Sudan Legislative Assembly shall be paid emoluments and provided with facilities as shall be determined by law. (2) A member of the Assembly may hold any other office 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. Leader of the Opposition 71. (1) The largest party or coalition of parties in the Southern Sudan Legislative Assembly not forming the government shall elect from among its members of the Assembly the Leader of the Opposition. (2) In relation to the conduct of business of the Assembly, the Leader of the Opposition shall: (a) rank fourth in precedence after the President and the Vice President of the Government of Southern Sudan, and the Speaker in that order; and (b) have the right of second reply, after the minister designated to lead Government Business in the Assembly, to an address to the Assembly by the President of the Government of Southern Sudan. (3) The Standing Orders of the Assembly shall provide for the effective participation of the Leader of Opposition in the Assembly. 26 Committees of the Assembly 72. (1) The Assembly shall have standing specialized committees and may establish ad hoc committees for the efficient discharge of its functions. (2) The functions of the standing and ad hoc committees shall be determined by regulations of the Assembly. Regulations of the Assembly 73. (1) The Assembly, on the initiative of its Speaker, shall make internal regulations for the conduct of its business. (2) The Speaker shall ensure that the internal regulations of the Assembly are respected and enforced. Quorum 74. (1) The quorum for ordinary sittings of the Assembly shall be more than half of the members; the internal regulations may provide for a reduced quorum that may not apply for the final presentation of bills. (2) Except as otherwise provided for in this Constitution, the decisions of the 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 rendered lost. Publicity of Sittings of the Assembly 75. The sittings of the Assembly shall be open to the public; its proceedings shall be published and may also be broadcast. However, the Assembly may decide according to its internal regulations that certain deliberations take place in camera. Passing Legislative Resolutions 76. Resolutions of the Assembly 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. Privileges of Members of the Assembly 77. Members of the Assembly shall freely and responsibly express their opinions, subject only to the provisions of the regulations of the Assembly. No legal 27 proceedings shall be initiated against any member, nor shall he or she be held accountable before any court of law only by reason of views or opinions that he or she might have expressed in the course of performing his or her duties. Address by the President of the Government of Southern Sudan 78. The President of the Government of Southern Sudan may personally or by a message address the Southern Sudan Legislative Assembly. The Assembly shall accord priority to such request over any other business. The President may also request the opinion of the Assembly on any subject. Address by the Vice President and Statements by Ministers and Governors 79. (1) The Vice President of the Government of Southern Sudan may request to address the Assembly. The Assembly shall provide an opportunity for hearing such address as promptly as possible. (2) A minister of the Government of Southern Sudan may request to deliver a statement before the Assembly. (3) The Assembly may request a Governor of a state in Southern Sudan to make a statement before it on any important matter concerning his or her state for information. Questions addressed to Ministers by Assembly Members 80. Members of the Assembly may, within the competence of the Assembly and subject to its regulations, address questions to a minister of the Government of Southern Sudan on any subject relating to his or her duties; the said minister shall provide the Assembly with a prompt reply. Request of Statements 81. The Assembly may request a minister of the Government of Southern Sudan to deliver before it a statement on any matter of public concern. General Summons 82. (1) The Assembly or any of its committees may summon any public official or any person within Southern Sudan, other than the President and the Vice President of the Government of Southern Sudan to testify or give opinion before it. (2) Inquiry on any matter that falls within the direct responsibility of the Government of Southern Sudan may only be made after notifying the President of the Government of Southern Sudan. 28 (3) Any person who refuses to appear before the Assembly or any of its committees or refuses to produce any documents as required under subArticle (1) above commits an offence punishable by law. Tabling of Bills 83. (1) The President or the Council of Ministers of the Government of Southern Sudan may cause a bill to be presented by a minister before the Assembly. (2) A member of the Assembly may table a private bill before the Assembly on a matter that falls within its competence. (3) A private member bill shall not be tabled before the Assembly save after having been referred to the appropriate committee to determine whether it involves an important issue of public interest. (4) A committee of the Assembly may present before the Assembly a bill on any issue within its competence. Procedures for Presentation and Consideration of Bills 84. (1) Bills presented to the Assembly 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. Should the bill be 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. (2) After the first reading, the Speaker shall refer the bill to the appropriate committee of the Assembly, 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 third reading for the decision of the Assembly; the Speaker 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. (3) The Speaker of the Assembly 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. (4) The Assembly may by a special resolution, decide on any bill as a general committee or by summary proceedings. Assent of the President of the Government of Southern Sudan 85. (1) Any bill approved by the Assembly shall not become law unless the President of the Government of Southern Sudan assents to it and signs it into law. If the 29 President withholds assent for thirty days without giving reasons, the bill shall be deemed to have been so signed. (2) Should the President of the Government of Southern Sudan withhold assent to the bill and give reasons within the aforementioned thirty days, the bill shall be re-introduced to the Assembly to consider the observations of the President of the Government of Southern Sudan. (3) The bill shall become law if the Assembly again passes it by a two-thirds majority of all its members, and the assent of the President of the Government of Southern Sudan shall not be required for that bill to come into force. Provisional Orders 86. (1) Should the Assembly not be in session, the President of the Government of Southern Sudan may, on an urgent matter, issue a provisional order having the force of law; however, such provisional order shall be submitted to the Assembly as soon as it is convened. Where the Assembly ratifies the provisional order as it is, it shall be promulgated as law, but where the same is rejected by the Assembly or where the Assembly 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 Assembly and be considered under the normal procedure for consideration of bills. (2) Notwithstanding sub-Article (1) above, the President of the Government of Southern Sudan shall not make any provisional order on matters affecting the Comprehensive Peace Agreement, the Bill of Rights, the decentralized system of government, general elections, annual allocation of resources and financial revenue, penal legislations or alteration of administrative boundaries of the states of Southern Sudan . (3) 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. (4) The Assembly may delegate to the President of the Government of Southern Sudan the power to approve bilateral international and regional agreements while the Assembly is not in session; however, such agreements shall be subject to subsequent approval by the Assembly and shall be deposited before it as soon as it is convened. Bills Pertaining to Allocation of Resources and Revenues 87. (1) The President of the Government of Southern Sudan shall cause to be presented to the Assembly, before the beginning of the financial year, a bill of the allocation of resources and revenue in accordance with the provisions of this Constitution. The Assembly shall convene to approve, modify or reject that bill. 30 (2) The financial year shall be twelve months beginning from January 1, and ending on December 31 each year. General Budget Proposal, Estimates and Related Bills 88. (1) The President of the Government of Southern Sudan shall cause to be presented to the Southern Sudan Legislative Assembly before the beginning of the financial year, the bill on the general budget of Southern Sudan, including a general evaluation of the economic and financial performance and situation, detailed estimates of proposed revenue and expenditure for the forthcoming year compared to those of the previous financial year, a statement of the general budget, any reserve funds, transfers thereto or allocations therefrom, explanations of any special budgets or financial estimates, policies or measures to be taken by the Government of Southern Sudan in the financial and economic affairs within the framework of the general budget. (2) The President of the Government of Southern Sudan shall cause to be submitted to the 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. (3) The 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 also be spent save by a supplementary appropriation law. (4) 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 Assembly. (5) In the event that the Assembly fails to pass the budget bill within a period of forty-five days, the President of the Government of Southern Sudan shall issue a presidential decree on the budget for that year, and such budget shall be deemed to have been passed by the Assembly in accordance with the provisions of this Constitution. Private Member Financial Bill 89. (1) No member of the 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 31 reserves, save with the prior consent of the Southern Sudan Council of Ministers. (2) 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. (3) 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. Provisional and Supplementary Financial Measures 90. (1) Notwithstanding the provisions of Article 86 (2) herein, the President of the Government of Southern Sudan 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 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. (2) 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. (3) Whenever new circumstances occur or a matter of public concern proves not to have been satisfactorily addressed by the general budget, the President of the Government of Southern Sudan may during the financial year cause to be submitted to the 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. (4) Without prejudice to the provisions of Article 88 (3) herein, the following expenditures shall be paid out of the consolidated reserve funds: (a) emoluments of the President of the Government of Southern Sudan; (b) expenses of the Southern Sudan State House; (c) emoluments of the Judiciary of Southern Sudan; (d) Government of Southern Sudan contractual financial obligations; (e) repayment of Government of Southern Sudan external debts under any loan agreements; (f) payment of any money the Government of Southern Sudan 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 (g) any other expenses as shall be regulated by law. 32 Final Accounts 91. The President of the Government of Southern Sudan shall cause to be presented to the 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 of Southern Sudan shall in accordance with Article 195 (5) herein present his or her report on such accounts to the Assembly. Delegation of Powers of Subsidiary Legislation 92. The Assembly may, by law, delegate to the President of the Government of Southern Sudan, 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 Assembly and be subject to adoption or amendment by a resolution of the Assembly in accordance with the provisions of its regulations. Validity of the Proceedings of the Assembly 93. No court or any other authority shall call into question the validity of any proceedings of the Southern Sudan Legislative Assembly on the basis of violation of its internal regulations. A certificate duly signed by the Speaker shall be deemed to be conclusive evidence of the validity of the said proceedings. CHAPTER II INTERIM PROVISIONS FOR THE SOUTHERN SUDAN LEGISLATIVE ASSEMBLY 94. (1) Prior to elections, there shall be constituted a Transitional Southern Sudan Legislative Assembly to adopt this Constitution; it shall thereafter reconstitute itself into the Southern Sudan Legislative Assembly. (2) The Transitional Southern Sudan Legislative Assembly shall be an inclusive Constituent Legislature composed of one hundred and seventy members appointed by the President of the Government of Southern Sudan after broad consultation with the relevant political forces and on the basis of the following percentages: (a) seventy percent representing the Sudan People’s Liberation Movement; (b) fifteen percent representing the National Congress Party; and (c) fifteen percent representing the other Southern Sudan political forces. PART SIX 33 THE SOUTHERN SUDAN EXECUTIVE CHAPTER I THE SOUTHERN SUDAN EXECUTIVE AND ITS POWERS Composition of the Executive 95. The Southern Sudan Executive shall consist of the President and Vice President of the Government of Southern Sudan and a Council of Ministers. Powers and Competences of the Executive 96. The Southern Sudan Executive shall exercise the executive powers on all matters as set forth in Schedules B and D, read together with Schedules E and F of this Constitution and any other competences conferred upon it by the Comprehensive Peace Agreement, this Constitution, the Interim National Constitution and the law. CHAPTER II THE PRESIDENT OF THE GOVERNMENT OF SOUTHERN SUDAN The President 97. There shall be a President for the Government of Southern Sudan who shall be directly elected by the people of Southern Sudan in general elections according to this Constitution and the provisions set forth by the National Elections Commission in accordance with the electoral law. Eligibility for the Office of the President 98. A candidate for the office of the President of the Government of Southern Sudan shall: (a) be a Sudanese by birth; (b) be of sound mind; (c) be at least forty years of age; (d) be literate; and (e) not have been convicted of an offence involving honesty or moral turpitude. Nomination and Election of the President 99. (1) Any eligible voter may nominate whoever he or she deems fit for the office of the President of the Government of Southern Sudan; however, 34 the presidential candidate shall be seconded by a number of eligible voters as shall be specified by law. (2) The presidential candidate who wins more than fifty percent of the total votes of the polling electorate shall be the President elect. (3) Where the percentage mentioned in sub-Article (2) above is not attained, there shall be a runoff election between the two presidential candidates who have obtained the highest number of votes. (4) Any objection regarding the validity of the presidential election results shall be dealt with in accordance with the electoral law. Postponement of Election of the President 100. (1) Where the Southern Sudan Council of Ministers determines that it is not practicable to hold elections due to natural disaster, catastrophe, war or hostilities that, in each case, materially affects a substantial portion of the territory of Southern Sudan, the Southern Sudan Legislative Assembly may by a resolution adopted by a three-quarters majority vote of all members recommend to the National Elections Commission the postponement of elections for the office of the President of the Government of Southern Sudan for a period of not more than sixty days at any one time. (2) Pending the holding of the postponed elections, the incumbent President of the Government of Southern Sudan shall continue as a caretaker President; his or her tenure shall be extended until the President elect takes the oath of office. Oath of the President 101. To assume office, the President elect of the Government of Southern Sudan shall take the following oath before the Southern Sudan Legislative Assembly: “ I……….…………., do hereby swear by the Almighty God/ solemnly affirm, that as the President of the Government of Southern Sudan, I shall be faithful and bear true allegiance to Southern 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 Southern Sudan; that I shall obey, preserve and defend this Constitution and the Interim National Constitution and abide by the law; and that I shall protect and promote the unity of the people of Southern Sudan and consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of Southern Sudan; so help me God/ and God is my witness”. Tenure of the Office of the President 35 102. The tenure of the office of the elected President of the Government of Southern Sudan shall be five years, commencing from the date of assumption of office, and the same President may be re-elected for one more term only. Functions of the President 103. (1) The President of the Government of Southern Sudan is the head of Government of Southern Sudan and the Commander-in-Chief of the Sudan People’s Liberation Army. He or she represents the will of the people, and shall exercise the powers vested in the office of the President of the Government of Southern Sudan by the Comprehensive Peace Agreement, this Constitution and the Interim National Constitution. (2) The President of the Government of Southern Sudan shall, inter alia, perform the following functions: (a) serve as First Vice President of the Republic of the Sudan in the circumstances set forth in Article 62 (1) of the Interim National Constitution; (b) preserve the security of Southern Sudan and protect its territorial integrity; (c) supervise constitutional executive institutions and provide exemplary leadership in public affairs in Southern Sudan and in the Republic of the Sudan; (d) appoint holders of constitutional and judicial posts in accordance with this Constitution and the law; (e) preside over the Southern Sudan Council of Ministers; (f) request, pursuant to Article 199 (2) of this Constitution, the President of the Republic to declare a state of emergency in Southern Sudan or any part thereof; (g) initiate constitutional amendments and legislations and assent to bills passed by the Southern Sudan Legislative Assembly by signing such bills into law; (h) summon, adjourn or prorogue the Southern Sudan Legislative Assembly in consultation with the Speaker; (i) confirm death sentences, grant pardons, and remit convictions or penalties according to this Constitution and the law of Southern Sudan; (j) appoint his or her advisors; (k) appoint ad hoc committees and commissions; (l) confer honours; (m) generally represent the Government and the people of Southern Sudan; and (n) perform any other function as may be prescribed by law. 36 Vacancy of Office of the President 104. (1) The office of the President of the Government of Southern Sudan shall fall vacant in any of the following cases: (a) expiration of the term of office; (b) acceptance of his or her written resignation by the Southern Sudan Legislative Assembly; (c) impeachment in accordance with the provisions of this Constitution; (d) mental infirmity or physical incapacity based on an official medical report approved by a two-thirds majority of all members of the Southern Sudan Legislative Assembly; and (e) death. (2) Should the office of the elected President of the Government of Southern Sudan fall vacant, the post shall be assumed by the Vice President pending elections that shall be conducted within sixty days from the date of occurrence of the vacancy and in accordance with Article 99 of this Constitution. Immunity and Impeachment of the President and Vice President 105 (1) The President and Vice President of the Government of Southern Sudan shall be immune from any legal proceedings and shall not be charged or sued in any court of law during their tenure of Office (2) Not withstanding sub-article (1) above and in case of high treason, gross violation of this constitution or gross misconduct in relation to Southern Sudan affairs, the President or Vice President of the Government of Southern Sudan may be charged before the Supreme Court of Southern Sudan upon a resolution passed by a three-quarters majority of all the members of the Assembly, in case of the President, or a two- thirds majority of all members of the Assembly in case of the Vice President. (3) 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 investigate the allegation in the notice and to report its findings to the constitutional panel of the Supreme Court comprising all the Justices of the Court. (4) The President or Vice 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. 37 (5) If the constitutional panel of the Southern Sudan Supreme Court convicts the President or Vice President as the case may be, it shall communicate its final verdict to the Assembly, and he or she shall be deemed to have forfeited the office. (6) If the notice for the removal of the President or Vice President is on the ground of mental or physical incapacity, the consultation with the head of the Southern Sudan Medical Commission five qualified and eminent medical specialists are to examine the President or the Vice President in respect of the alleged incapacity and to present its findings to the Assembly (7) The President or Vice President, as the case may be, shall submit himself or herself to the Medical Board for necessary examination as required. (8) If the Medical Board determines that the President or Vice President, by reason of mental or physical incapacity is unable to perform the functions of the office of the President or Vice President, and the Assembly passes the resolution for the removal of either of them supported by the votes of not less than three-quarters in case of the President and two-thirds in case of the Vice President of all members of the Assembly the President or Vice President shall cease to hold office. Contesting Acts of the President 106. Any person aggrieved by an act of the President of the Government of Southern Sudan may contest such act: (a) before the Supreme Court of Southern Sudan, if the alleged act involves a violation of this Constitution, a Southern Sudan state constitution, the Bill of Rights, the decentralized system of government, or the Comprehensive Peace Agreement; and (b) before any other competent court of law, if the allegation is based on any other legal grounds. Appointment and Removal of the Vice President 107. (1) The Vice President of the Government of Southern Sudan shall be appointed by the President of the Government of Southern Sudan subject to approval by a two-thirds majority of all members of the Assembly. (2) The Vice President of the Government of Southern Sudan may be removed by the President of the Government of Southern Sudan or by a decision passed by two-thirds majority of all members of the Assembly. 38 (3) Should the post of the Vice President of the Government of Southern Sudan fall vacant for any reason, the President of the Government of Southern Sudan shall appoint a replacement. (4) The Vice President of the Government of Southern Sudan shall fulfil the conditions of eligibility for the office of the President of the Government of Southern Sudan. (5) To assume office, the Vice President of the Government of Southern Sudan shall take, before the President of the Government of Southern Sudan, the same oath taken by the President of the Government of Southern Sudan as prescribed by this Constitution. Functions of the Vice President 108. The Vice President of the Government of Southern Sudan shall, inter alia, perform the following functions: (a) act as the President in the absence of the President of the Government of Southern Sudan; (b) be a member of the Southern Sudan Council of Ministers; (c) be a member of the Southern Sudan Security Committee; and (d) perform any other functions or duties that may be assigned to him or her by the President of the Government of Southern Sudan. Vacancy of Office of the Vice President 109. The office of the Vice President of the Government of Southern Sudan shall fall vacant in any of the following cases: (a) relief from office in accordance with provisions of Article 107 (2) herein; (b) acceptance of his or her written resignation by the President of the Government of Southern Sudan; (c) mental infirmity or physical incapacity based on an official medical report approved by a two-thirds majority of all members of the Southern Sudan Legislative Assembly; and (d) death. Presidential Advisors 110. (1) The President of the Government of Southern Sudan may appoint a limited number of Presidential Advisors and define their functions. (2) To assume office, a Presidential Advisor shall take, before the President of the Government of Southern Sudan, the same oath taken by a minister of the Government of Southern Sudan as prescribed by this Constitution. 39 CHAPTER III INTERIM PROVISIONS FOR THE PRESIDENT OF THE GOVERNMENT OF SOUTHERN SUDAN The Office of the President and its Vacancy before Elections 111. (1) Prior to the elections that shall be held during the Interim Period, the Chairman of the Sudan People’s Liberation Movement, or his successor, shall be the President of the Government of Southern Sudan and Commander-in-Chief of the Sudan People’s Liberation Army in accordance with this Constitution. By virtue of being the President of the Government of Southern Sudan, he or she shall be at the same time the First Vice President of the Republic of the Sudan. (2) Should the office of the President of the Government of Southern Sudan fall vacant prior to elections, the office shall be filled by the nominee of the Sudan People’s Liberation Movement within two weeks of the occurrence of that vacancy. (3) Should the office of the President of the Government of Southern Sudan fall vacant prior to elections, and before the selection of the nominee of the Sudan People’s Liberation Movement, the functions of the President of the Government of Southern Sudan shall be assumed by the Vice President of the Government of Southern Sudan. CHAPTER IV SOUTHERN SUDAN COUNCIL OF MINISTERS Establishment of the Council of Ministers 112. (1) There shall be established a Southern Sudan Council of Ministers to be appointed by the President of the Government of Southern Sudan, in consultation with the Vice President of the Government of Southern Sudan and approved by a simple majority of all members of the Southern Sudan Legislative Assembly. The Government of Southern Sudan shall be established with due regard to the need for inclusiveness in recognition of competence, integrity, gender, ethnic and regional diversity. (2) The President and Vice President of the Government of Southern Sudan shall be members of the Southern Sudan Council of Ministers. (3) The President of the Government of Southern Sudan shall ensure that at least twenty-five percent of members of the Council of Ministers are women. 40 Composition and Competences of the Council of Ministers 113. (1) The Southern Sudan Council of Ministers shall consist of the President and Vice President of the Government of Southern Sudan and Ministers. (2) The Southern Sudan Council of Ministers shall be the highest executive authority in Southern Sudan. (3) Without prejudice to the powers conferred upon the President of the Government of Southern Sudan 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. (4) Deliberations of the Southern Sudan Council of Ministers shall be confidential. (5) Membership of the Southern Sudan Council of Ministers shall not be combined with membership of the National and state Executive or Legislature. Oath of a Minister 114. To assume office, a minister of the Government of Southern Sudan shall, take the following oath before the President of the Government of Southern Sudan: “ I……….…………., do hereby swear by the Almighty God/solemnly affirm/, that as a minister in the Government of Southern Sudan, I shall be faithful and bear true allegiance to Southern 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 this Constitution and the Interim National Constitution and abide by the law; and that I shall protect and promote the unity of the people of Southern Sudan and consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of Southern Sudan; so help me God/ and God is my witness”. Functions of the Council of Ministers 115. The Southern Sudan Council of Ministers shall have the following functions: (a) general planning and administration of Southern Sudan and implementation of the Comprehensive Peace Agreement; (b) approval of the general policies initiated by the respective ministries; (c) overseeing, receiving and discussing reports about the executive and administrative performance of ministries; (d) initiating, negotiating and concluding international and regional agreements on matters of culture, sports, trade, investment, credit, loans, grants and technical assistance with foreign governments and foreign nongovernmental organizations; 41 (e) receiving reports from governors about executive performance of Southern Sudan states for information and coordination with the respective states; (f) receiving reports on matters that are concurrent or residual and deciding whether it is competent to exercise such power in accordance with Schedules E and F herein. If it so decides, it shall notify the respective state in Southern Sudan of its intention to exercise such power. In case a state in Southern Sudan objects thereto, a committee shall be set up by the two levels concerned to amicably resolve the matter before resorting to the Southern Sudan Supreme Court; (g) keeping the Southern Sudan Legislative Assembly informed about the progress of the implementation of the Comprehensive Peace Agreement; (h) acting as a link between the National Government on the one hand and the institutions of the Government of Southern Sudan and Southern Sudan states on the other; (i) receiving requests originating from the National Government to the institutions of the Government of Southern Sudan and the states therein in connection with matters of mutual interest; (j) providing reports upon the request of the Southern Sudan Legislative Assembly; (k) formulating internal rules, procedures and regulations for the conduct of its business; (l) mobilizing the public to achieve the objectives of government policy and promote public life; (m) implementing Southern Sudan legislations and applicable national legislations in Southern Sudan; (n) formulating and implementing government policies; (o) coordinating the functions and reviewing the performance of the ministries, departments and administrations of the Government of Southern Sudan; (p) initiating legislative bills before the Southern Sudan Legislative Assembly; and (q) performing any other executive functions provided for in this Constitution or the law. Functions of a Minister 116. (1) A minister in the Government of Southern Sudan shall be the head of his or her ministry and his or her decisions shall prevail therein. However, the Southern Sudan Council of Ministers may review, amend or cancel such decisions; the President of the Government of Southern Sudan may suspend the decision of a minister pending such review or cancellation. (2) Southern Sudan ministers shall: (a) collaborate and establish good working relations with corresponding ministers at state level in fulfilment of their respective constitutional obligations; 42 (b) perform any public or political role and provide leadership in public affairs to achieve the policy objectives of the Government of Southern Sudan; and (c) perform any other functions or powers assigned by law or delegation. Appointment and Removal of Ministers 117. (1) Ministers of the Government of Southern Sudan shall be appointed and removed from office by the President of the Government of Southern Sudan, in consultation with the Vice President. (2) Appointment of the Council of Ministers of the Government of Southern Sudan shall be confirmed by a resolution of the Southern Sudan Legislative Assembly adopted by a simple majority vote of all members. (3) Ministers of the Government of Southern Sudan shall be selected with due regard to the need for inclusiveness based on ethnic and regional diversity and gender. Collective and Individual Responsibility of Ministers 118. (1) A minister of the Government of Southern Sudan shall be individually answerable to the President of the Government of Southern Sudan, the Southern Sudan Council of Ministers and the Southern Sudan Legislative Assembly for the performance of his or her ministry. (2) The Southern Sudan Council of Ministers shall be collectively answerable to the President of the Government of Southern Sudan and the Southern Sudan Legislative Assembly in the performance of its functions. (3) Ministers of the Government of Southern Sudan shall be bound by collective decisions of the Council of Ministers. Vacancy of the Office of a Minister 119. The office of a minister of the Government of Southern Sudan shall fall vacant in any of the following cases: (a) acceptance of a written resignation by the President of the Government of Southern Sudan; (b) removal from office by the President of the Government of Southern Sudan after consultation with the Vice President of the Government of Southern Sudan; 43 (c) removal from office by the President of the Government of Southern Sudan on the ground of mental infirmity or physical incapacity based on an official medical report; (d) resolution of the Southern Sudan Legislative Assembly, as set forth in Article 120 (2) of this Constitution; and (e) death. Vote of No Confidence Against a Minister 120. (1) The Southern Sudan 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. (2) Upon a vote of no confidence being passed against a minister, he or she shall resign or be removed from office by the President of the Government of Southern Sudan. (3) Proceedings for a vote of no confidence against a minister shall be regulated by the Conduct of Business Regulations of the Assembly. Declaration of Wealth and Prohibition of Private Business 121. (1) All executive and legislative constitutional office holders, Justices, and senior civil service officials at all levels of government in Southern Sudan shall, upon assumption of their offices, make confidential declarations of their assets and liabilities including those of their spouses and children in accordance with the law. (2) The President, Vice President, ministers and advisors of the Government of Southern Sudan, governors and 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 Government of Southern Sudan or a state government as the case may be. Emoluments and Remuneration 122. The President and Vice President of the Government of Southern Sudan, Ministers and Advisors of the Government of Southern Sudan, Governors, 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. Confidentiality of Deliberations of the Council of Ministers 44 123. Deliberations of the Southern Sudan Council of Ministers shall be confidential; no minister shall disclose, communicate or reveal such deliberations save by permission of the Council of Ministers. Contesting Ministerial Acts 124. Any person aggrieved by an act of the Southern Sudan Council of Ministers or a Southern Sudan minister may contest such act: (a) before the Supreme Court of Southern Sudan, if the alleged act involves a violation of this Constitution or the Interim National Constitution; and (b) before any other court of law or competent authority if the allegation is based on other legal grounds. CHAPTER V INTERIM PROVISIONS FOR THE SOUTHERN SUDAN COUNCIL OF MINISTERS Council of Ministers before Elections 125. Prior to elections, there shall be constituted an inclusive Southern Sudan Council of Ministers after broad consultation with the relevant political forces in accordance with the following percentages: (a) seventy percent representing the Sudan People’s Liberation Movement; (b) fifteen percent representing the National Congress Party; and (c) fifteen percent representing the other Southern Sudan political forces. PART SEVEN THE JUDICIARY OF SOUTHERN SUDAN The Judiciary of Southern Sudan 126. (1) Judicial power in Southern Sudan is derived from the people and shall be exercised by the courts in accordance with the customs, values, norms and aspirations of the people and in conformity with this Constitution and the law. 45 (2) Judicial competence in Southern Sudan shall be vested in an independent decentralized institution to be known as the Judiciary of Southern Sudan. (3) The Judiciary of Southern Sudan shall be responsible for the maintenance of professional standards and training of judicial personnel throughout Southern Sudan. (4) The Judiciary of Southern Sudan shall have judicial competence to adjudicate on disputes and render judgments in accordance with this Constitution and the law. (5) In adjudicating cases of both civil and criminal nature, the courts shall, subject to the law, apply, inter alia, the following principles: (a) justice shall be done to all irrespective of their social or economic status, gender, religion or beliefs; (b) justice shall not be delayed; (c) adequate compensation shall be awarded to victims of wrongs; (d) voluntary reconciliation agreements between parties shall be recognized and enforced; and (e) substantive justice shall be administered without undue regard to technicalities. (6) There shall be a substantial representation of women in the Judiciary of Southern Sudan having regard to competence, integrity, credibility and impartiality. (7) All organs and institutions at all levels of government in Southern Sudan shall obey and execute the judgments and orders of the courts. (8) The President of the Supreme Court of Southern Sudan, as the head of the Judiciary of Southern Sudan, shall be answerable to the President of the Government of Southern Sudan for the administration of the Judiciary. (9) The overall management of the Judiciary of Southern Sudan, its composition and functions shall be prescribed by law in accordance with the provisions of this Constitution. Establishment and Structure of the Judiciary 127 The Judiciary of Southern Sudan shall be established and structured as follows:- (a) The Supreme Court of Southern Sudan; (b) Courts of Appeal; (c) High Courts; (d) County Courts; and 46 (e) Other courts or tribunals as deemed necessary to be established in accordance with the provisions of this Constitution and the law. Independence of the Judiciary 128. (1) The Judiciary of Southern Sudan shall be independent of the executive and the legislature. Its budget shall be charged on the consolidated fund and it shall have the necessary financial independence in the management thereof. (2) The Judiciary of Southern Sudan shall be subject to this Constitution and the law which the Judges must apply impartially and without political interference, fear or favour. (3) The executive and legislative organs at all levels of government in Southern Sudan shall respect and protect the independence of the Judiciary. Composition of the Supreme Court of Southern Sudan 129. The Supreme Court of Southern Sudan shall be the highest court and shall consist of a President, a Deputy President and five other Justices. Competences of the Supreme Court of Southern Sudan 130. (1) The Supreme Court of Southern Sudan shall: (a) be the court of final judicial instance in respect of any litigation or prosecution under Southern Sudan or state law, including statutory and customary law, save that any decisions arising under national laws shall be subject to review and decision by the National Supreme Court; (b) have original jurisdiction to decide on disputes that arise under this Constitution and the constitutions of Southern Sudan states at the instance of individuals, juridical entities or governments; (c) adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws of Southern Sudan or states of Southern Sudan that are inconsistent with this Constitution or the constitutions of Southern Sudan states to the extent of the inconsistency; (d) be a court of review and cassation in respect of any criminal, civil and administrative matters arising out of or under Southern Sudan laws; (e) have criminal jurisdiction over the President and Vice President of the Government of Southern Sudan and the Speaker of Southern Sudan Legislative Assembly; (f) review death sentences imposed by Southern Sudan courts in respect of offences committed under Southern Sudan laws; 47 (g) receive appeals against decisions and judgements of the courts of appeal; (h) have original and final jurisdiction to resolve disputes between the states of Southern Sudan and between the Government of Southern Sudan and a State; this jurisdiction shall not extend to disputes relating to exclusive, concurrent or residual powers of the national government; and (i) have such other competences as may be determined by law. (2) The Supreme Court shall sit in panels of three justices each on all matters; except that when sitting as a Constitutional panel it shall consist of all members of the Supreme Court. Where any of them is unable to sit on the Constitutional panel, the President of the Supreme Court shall confer powers upon the most senior justice of the court of appeal for that purpose. (3) Decisions of the Supreme Court shall be taken by majority of Justices in each panel. (4) The President of the Supreme Court shall regulate the functioning and procedures of the Supreme Court and its panels according to the law. Courts of Appeal 131. The establishment, competences and procedures of Courts of Appeal shall be determined by law. High Courts 132. (1) The High Court shall be the highest court at the level of a state in Southern Sudan and its establishment, competence, jurisdiction and procedures shall be determined by law. (2) The most senior judge of the High Court who shall be its president, shall be answerable to the Governor of the state for the performance and administration of the State Judiciary. (3) Decisions of the High Courts shall be appealed against before the Courts of Appeal. County Courts and Other Courts 133. The establishment, competences and procedures of County Courts and other courts at lower levels in the states of Southern Sudan shall be determined by law. Independence of Justices and Judges 48 134. (1) Justices and Judges of Southern Sudan are independent and shall perform their functions without interference. The provisions of this Constitution and the law shall protect their independence. (2) Justices and Judges shall uphold this Constitution and the rule of law and shall administer justice without fear or favour; they shall enjoy such immunities as shall be determined by law. (3) The tenure of office for Justices and Judges shall not be affected by their judicial decisions. Appointment of Justices and Judges of Southern Sudan 135. (1) The President of the Government of Southern Sudan shall appoint the President, Deputy President and Justices of the Supreme Court, the Presidents and Justices of the courts of appeal, having regard to competence, integrity, credibility and impartiality as shall be determined by this Constitution and the law. (2) The appointment of the President, Deputy President and Justices of the Supreme Court shall be subject to approval by a two-thirds majority of all members of the Assembly. (3) The Southern Sudan Legislative Assembly shall enact a law to provide for appointments, terms and conditions of service of Justices and Judges of Southern Sudan. (4) All Justices and Judges shall, before assuming their duties, take and subscribe to the judicial oath of allegiance as shall be prescribed by law. Discipline of Justices and Judges 136. (1) Discipline of Justices and Judges shall be exercised by the President of the Supreme Court of Southern Sudan in accordance with the law. (2) Justices of the Supreme Court may only be removed by an order of the President of the Government of Southern Sudan for gross misconduct, incompetence and incapacity and upon the recommendation of the President of the Supreme Court in accordance with the law and subject to approval by a majority of two-thirds of all members of Southern Sudan Legislative Assembly. Interim Provisions 137. The President of the Government of Southern Sudan shall, after the adoption of this Constitution and subject to Article 135(2) herein, appoint the President, 49 Deputy President and Justices of the Supreme Court, the President and Justices of Appeal, having regard to competence, integrity, credibility and impartiality. PART EIGHT PUBLIC ATTORNEYS AND ADVOCACY IN SOUTHERN SUDAN Public Attorneys and Legal Advisors 138. (1) The services of the public attorneys and legal advisors shall be decentralized and personnel shall be employed directly by the Government of Southern Sudan and the states. (2) The Southern Sudan Minister for Legal Affairs and Constitutional Development shall be the chief legal advisor of the Government of Southern Sudan. The Minister shall be the prosecuting authority at the levels of the Government of Southern Sudan and the States and may perform such other functions of legal character as may be prescribed by law. (3) Public attorneys and legal advisors shall advise all levels of government in Southern Sudan, represent them in public prosecution, litigation and adjudication, and conduct pre-trial proceedings. They shall recommend law reform, strive to protect public and private rights, advise on legal matters and render legal aid. (4) Public attorneys and legal advisors at all levels of government in Southern Sudan shall perform their duties diligently according to this Constitution and the law. (5) Without prejudice to the generality of sub-Article (2) above, the Ministry of Legal Affairs and Constitutional Development shall, inter alia, be responsible for: (a) drawing up, perusing and recommending approval or otherwise, of such agreements, contracts, and documents by whatever name called, to which the Government of Southern Sudan or a state government has an interest as specified by law; (b) representing the government in court or any other legal proceedings to which any level of government is a party; and (c) drafting legislation, including subsidiary legislation, for the government. (6) All executive institutions and organs of government in Southern Sudan shall comply with legal advice duly given by the Ministry of Legal Affairs and Constitutional Development. 50 (7) The functions, immunities, emoluments, terms and conditions of service of the public attorneys and legal advisors at all levels of government in Southern Sudan shall be prescribed by law. (8) In the interest of justice and effectiveness in the execution of their legal duties, the National Ministry of Justice and Ministry of Legal Affairs and Constitutional Development of Southern Sudan shall co-ordinate, cooperate and assist each other in the fulfilment of their functions and may to this end, establish the necessary mechanisms and channels of implementation. Interim Provisions 139. (1) Notwithstanding the provisions of Article 138 (1) above, the Public attorneys and legal advisors at levels of the Government of Southern Sudan and states shall be employed and serve under the authority of the Southern Sudan Ministry of Legal Affairs and Constitutional Development during the first four years of the Interim Period. (2) At the end of the four-year period as mentioned in sub-Article (1) above, the Ministry of Legal Affairs and Constitutional Development shall relinquish its authority and powers over state public attorneys and legal advisors and transfer them to the state governments. The terms and conditions of service of public attorneys and legal advisors in the states shall be regulated by state law. Advocacy in Southern Sudan 140. (1) Advocacy is an independent private profession and it shall be regulated by law. (2) Advocates shall observe professional ethics, promote, protect and advance the fundamental rights and freedoms of citizens. They shall serve to prevent injustice, defend the legal rights and interests of their clients, seek conciliation between adversaries and may render legal aid for the needy according to law. PART NINE THE SOUTHERN SUDAN CIVIL SERVICE, INDEPENDENT INSTITUTIONS AND COMMISSIONS 51 CHAPTER I THE SOUTHERN SUDAN CIVIL SERVICE Establishment of Southern Sudan Civil Service 141. (1) The Government of Southern Sudan shall have a Civil Service consisting of all its employees who shall impartially carry out the functions assigned to them according to law. (2) The law shall determine terms and conditions of service, duties and rights of employees of the Southern Sudan Civil Service. Basic Values and Guidelines for Civil Service 142. (1) The Civil Service shall be governed by, inter alia, the following values and principles: (a) a high standard of professional ethics shall be promoted and maintained through focusing on merit and training; (b) efficient, economic and effective use of resources shall be promoted; (c) Civil Service shall be development oriented; (d) 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; (e) needs of the people shall be appropriately addressed, and the public shall be encouraged to participate in policymaking; (f) Civil Service shall be accountable to the appropriate level of government; (g) transparency shall be fostered by providing the public with timely, accessible and accurate information; (h) good human-resource management and career-development practices to maximise human potential, shall be cultivated; (i) Civil Service shall be broadly representative of the people of Southern 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; (j) persons with special needs shall be provided with specialized and appropriate training opportunities; (k) the Civil Service shall function, and be structured, in accordance with the law; it shall execute the policies of the government; (l) Civil servants shall not engage in party politics; no civil servant may be favoured or victimized because of his or her 52 political opinion; any civil servant seeking an elective office shall resign from the Civil Service; and (m) all levels of government in Southern Sudan 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. The Southern Sudan Civil Service Commission 143. (1) There shall be established a Southern Sudan Civil Service Commission composed of persons of proven competence, experience, integrity and impartiality. (2) The Civil Service Commission shall advise the Government of Southern Sudan on the formulation and execution of policies related to public service, employment and employees. (3) 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 effective and efficient Civil Service and a high standard of professional ethics therein. (4) The composition and terms and conditions of service shall be regulated by law. Powers and Functions of the Commission 144. The Southern Sudan Civil Service Commission shall have the following powers and functions: (a) To promote the values and principles set out in Article 142 herein; (b) To investigate, monitor and evaluate the organization, administration and personnel practices of the Civil service; (c) To propose measures to ensure effective and efficient performance within the Civil Service; (d) To give directions aimed at ensuring that personnel procedures relating to recruitment, transfers, promotions and dismissals comply with the values and principles set out in Article 142 herein; (e) To advise all levels of government in Southern Sudan on personnel practices, recruitment, appointment, transfer, discharge and other aspects of the civil service; (f) To review the terms and conditions of service, standing orders, training and qualifications for public offices, personnel management, development of the civil service and to make recommendations to the Government; (g) To guide and coordinate state civil service commissions; (h) Addressing any imbalance in the Southern Sudan civil service; 53 (i) To hear and determine grievances from employees of Southern Sudan Government and appeals against the decisions of State Civil Service Commissions without prejudice to the right of resorting to courts; and (j) Any other function assigned to it by law. Southern Sudan Employees Justice Chamber 145. (1)There shall be established a Southern Sudan Employees Justice Chamber which shall be composed of a chairperson and members of proven competence, experience, integrity and impartiality. (2) The Southern Sudan Employees Justice Chamber shall, without prejudice to the right of resorting to courts or exhausting the proceedings of the Southern Sudan Civil Service Commission, be competent to consider and determine grievances from Southern Sudan civil service employees. (3) The Chamber shall present to the President of the Government of Southern Sudan any recommendations or proposed remedies it deems appropriate to ensure justice. (4) Appointment of the chairperson and members of the Chamber, their terms and conditions of service shall be regulated by law. CHAPTER II INDEPENDENT INSTITUTIONS AND COMMISSIONS 146. (1) The Government of Southern Sudan shall establish such independent institutions and commissions as provided for by the Comprehensive Peace Agreement, this Constitution and the Interim National Constitution. Such institutions and commissions shall perform their functions and duties impartially and without interference from any person or body. (2) The Government of Southern Sudan shall also establish such 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 Government of Southern Sudan shall ensure that at least twenty-five percent of the aggregate membership of all such institutions and commissions shall be women. 54 CHAPTER III SOUTHERN SUDAN ANTI-CORRUPTION COMMISSION Establishment of the Anti-Corruption Commission 147. (1) There shall be established a Commission to be known as the Southern Sudan Anti-Corruption Commission. (2) The President of the Government of Southern Sudan shall appoint the chairperson and members of the Commission with the approval of the 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 Assembly by a two-thirds majority of all members. (4) The law shall regulate the procedures, terms and conditions of service of the chairperson, members and employees of the Commission. Functions of the Commission 148. (1) Without prejudice to the powers of the Ministry of Legal Affairs and Constitutional Development in public prosecution, the Commission shall, inter alia, have the following functions: (a) protect public property; (b) investigate cases of corruption involving public property as well as in the private sector; such investigation shall be submitted to the Ministry of Legal Affairs and Constitutional Development for necessary action. (c) combat administrative malpractices in public institutions such as nepotism, favouritism, tribalism, sectionalism, gender discrimination, bribery, embezzlement and sexual harassment; and (d) pursuant to provisions of Article 121 (1) herein, require all persons holding such public offices to make a confidential formal declaration 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, magistrate or chief registrar where such decision was made in the discharge of the functions of his or her office. 55 CHAPTER IV SOUTHERN SUDAN HUMAN RIGHTS COMMISSION Establishment of the Southern Sudan Human Rights Commission 149. (1) There shall be established a commission to be known as the Southern Sudan Human Rights Commission. (2) The President of the Government of Southern Sudan shall appoint a chairperson and members of the Commission with the approval of the Assembly by a simple majority. (3) The Chairperson and members of the Commission shall be persons of high moral character and proven integrity and shall be independent, competent, 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 in Southern Sudan 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. Functions of the Commission 150. (1) The functions of the Commission shall, inter alia, be to: (a) monitor the application and enforcement of the rights and freedoms enshrined in this Constitution; (b) investigate, on its own initiative or on a complaint made by any person or group of persons against any violation of human rights; (c) visit jails, prisons and places of detention or related facilities with a view to assessing and inspecting conditions of the inmates and make recommendations to the relevant authority; (d) establish a continuing programme of research, education and information to enhance respect for human rights; (e) recommend to the Assembly effective measures to promote human rights; (f) create and sustain within society awareness of the provisions of this Constitution as the fundamental law of the people of Southern Sudan; (g) educate and encourage the public to defend this Constitution at all times against all forms of abuse and violation; 56 (h) formulate, implement and oversee programmes intended to inculcate in the citizens of Southern Sudan awareness of their civic responsibilities and appreciation of their rights and obligations as citizens; (i) monitor compliance of all levels of government in Southern Sudan with international and regional human rights treaties and conventions ratified by the Republic of the Sudan; (j) express opinion or present advice to government organs on any issue related to human rights; and (k) perform such other function as may be provided by law. (2) The Southern Sudan Human Rights Commission shall publish periodical reports on its findings and submit annual reports to the Southern Sudan Legislative Assembly on the state of human rights and freedoms in Southern Sudan. (3) The law shall specify composition, procedures, terms and conditions of service of the members of the Commission. CHAPTER V SOUTHERN SUDAN PUBLIC GRIEVANCES CHAMBER 151. (1) There shall be established in Southern Sudan an independent body, to be known as the Public Grievances Chamber. Its chairperson and members shall be nominated by the President of the Government of Southern Sudan from among persons of competence and integrity and approved by the Southern Sudan Legislative Assembly by a simple majority. The Chamber shall be answerable to the President of the Government of Southern Sudan and the Southern Sudan Legislative Assembly in the performance of its functions and duties. (2) Notwithstanding the finality of the judgments of the relevant courts, the Chamber shall consider complaints relating to grievances suffered by citizens in relation to government institutions. The Chamber shall consider grievances only after exhausting all means and stages of litigation by the complainant. (3) The Chamber shall make recommendations or propose remedies to the President of the Government of Southern Sudan. The Chamber may on its own motion recommend to the Southern Sudan Legislative Assembly any measures it deems appropriate to ensure efficiency, justice or probity in the performance of the Southern Sudan governmental institutions. (4) The law shall regulate the composition, functions, procedures, terms and conditions of service of the members and employees of the Chamber. 57 CHAPTER VI SOUTHERN SUDAN RELIEF AND REHABILITATION COMMISSION 152. (1) There shall be established an independent body to be known as the Southern Sudan Relief and Rehabilitation Commission. (2) The functions of the Commission shall include repatriation, relief, resettlement, rehabilitation, reintegration of returnees and internally displaced persons and facilitation of the reconstruction of the conflictaffected areas. (3) The structure, composition, powers, functions, conditions and terms of service shall be determined by law. CHAPTER VII Demobilization, Disarmament and Re-Integration Commission 153. (1) The Southern Sudan Demobilization Disarmament and Re-integration Commission shall be established by the President of the Government of Southern Sudan to expedite the process of incorporation and reintegration of ex-combatants into other regular forces, civil service and other civilian institutions and society. (2) Members of the Commission shall be appointed by the President of the Government of Southern Sudan in accordance with the law. (3) The structure, composition, functions and terms and conditions of service of the Commission shall be regulated by law. PART TEN ARMED FORCES, LAW ENFORCEMENT AGENCIES AND SECURITY CHAPTER I ARMED FORCES IN SOUTHERN SUDAN Composition, Status and Mission 154. (1) The Sudan People’s Liberation Army, the Sudan Armed Forces and the Joint/Integrated Units constitute the Sudan National Armed Forces; they shall remain separate, regular, professional and non-partisan armed forces and shall be treated equally. 58 (2) After the redeployment of surplus units of the Sudan Armed Forces outside Southern Sudan, the Sudan People’s Liberation Army and the Joint/Integrated Units in Southern Sudan shall constitute the National Armed Forces in Southern Sudan during the Interim Period. (3) The mission of the Armed Forces in Southern Sudan shall be to defend the sovereignty of the country and the constitutional order, respect the rule of law, the civilian government, democracy, basic human rights and the will of the people. (4) The Armed Forces in Southern Sudan shall undertake the responsibility of the defence of the country against internal and external threats in their areas of deployment, and participate in reconstruction and assist in addressing national disasters and other emergencies. (5) The Armed Forces in Southern Sudan shall have no internal law and order mandate, except as may be requested by the civil authority when necessity so requires. (6) The military service, courts and other legal services shall be regulated by law for the Sudan Armed Forces, the Sudan People’s Liberation Army and the Joint/Integrated Units. Code of Conduct for the Armed Forces 155. (1) There shall be a code of conduct for the members of all armed forces based on the common military doctrine that shall be developed by the Parties to the Comprehensive Peace Agreement. (2) The code of conduct mentioned in sub-Article (1) above shall: (a) be informed by the common military doctrine; (b) make a clear distinction between the military functions and partisan political functions; (c) underline the principle that such forces shall not be used as instruments of physical intimidation of the civilian population; (d) make a clear distinction between military mandate and the policing mandate during ceasefire period; and (e) make clear that all members of armed forces shall not be involved in illicit activities that may affect the environment and natural resources. Joint/ Integrated Units 156. (1) The Joint/ Integrated Units shall consist of equal numbers from the Sudan People’s Liberation Army and the Sudan Armed Forces during the Interim Period. 59 (2) The Joint/Integrated Units shall constitute a nucleus of a post referendum army of the Sudan, should the outcome of the referendum on selfdetermination of the people of Southern Sudan confirm unity, otherwise they shall be dissolved and the component parts integrated into their respective forces. (3) The Joint/Integrated Units shall fall under the command of the Joint Defence Board constituted in accordance with the provisions of the Comprehensive Peace Agreement. (4) The command of the Joint/Integrated Units shall be exercised on parity basis between the Sudan People’s Liberation Army and Sudan Armed Forces officers with alternation of roles at the uppermost and other levels of command. (5) The Joint Defence Board shall command and control the Joint Integrated Units and coordinate between the Sudan People’s Liberation Army and the Sudan Armed Forces. (6) The national law shall regulate the composition, character, size, organization, training, deployment, terms of service, functions and duties of the Joint/Integrated Units in accordance with the provisions of the Comprehensive Peace Agreement. Redeployment of the Armed Forces 157. After the formation of the Joint/Integrated Units, the redeployment of surplus forces of the Sudan Peopleís Liberation Army and Sudan Armed Forces in and outside Southern Sudan shall be carried out as stipulated in the Comprehensive Peace Agreement. CHAPTER II THE SUDAN PEOPLE’S LIBERATION ARMY Mission and Duties 158. (1) The Sudan Peopleís Liberation Army is a regular, professional, patriotic, productive, disciplined, non-partisan military force subordinate to civilian authority as established under this Constitution. (2) The mission of the Sudan People’s Liberation Army, in addition to its other national duties, is to: 60 (a) defend this Constitution; (b) protect the people of Southern Sudan; (c) secure the territorial integrity of Southern Sudan; (d) undertake the responsibility for the defence of Southern Sudan against internal and external threats and aggression; and (e) be involved in addressing specified emergencies, participate in reconstruction activities, and assist in disaster relief within the terms of this Constitution and the law. (3) The Sudan People’s Liberation Army shall respect and abide by the rule of law, respect the will of the people, the civilian government, democracy and basic human rights. (4) No person or persons shall raise any armed force in Southern Sudan except in accordance with this Constitution. Command and Control 159. (1) Command and control of the Sudan People’s Liberation Army shall vest in the President of the Government of Southern Sudan as its Commander-inChief, assisted by the Chief of General Staff, his or her deputies and other staff officers. (2) The President of the Government of Southern Sudan and Commander-inChief of the Sudan People’s Liberation Army shall commission, promote, retire or dismiss officers of the Sudan People’s Liberation Army according to the law. (3) The structure, command, control and terms and conditions of service of the Sudan People’s Liberation Army shall be as prescribed by law. Funding 160. The Sudan People’s Liberation Army shall be funded from the domestic financial resources of the Government of Southern Sudan and any external sources, with the approval of the Southern Sudan Legislative Assembly; these financial resources shall be channelled through the Bank of Southern Sudan. The Permanent Ceasefire 161. (1) The Government of Southern Sudan shall fully enforce the permanent ceasefire provided for in the Comprehensive Peace Agreement. (2) The permanent ceasefire shall be internationally monitored and fully respected by all persons in Southern Sudan. 61 CHAPTER III THE LAW ENFORCEMENT AGENCIES AND SECURITY SERVICE IN SOURTHERN SUDAN The Police Service 162. (1) There shall be established a police service to be known as the Police of Southern Sudan which shall be a decentralized professional service force whose mission is to prevent, combat and investigate crime, maintain law and public order, protect the people in Southern Sudan and their properties, and uphold and enforce this Constitution and the law. (2) The Police Service shall be organized at the level of Southern Sudan and states of Southern Sudan; its organization, structure, functions, powers, terms and conditions of service shall be regulated by law. (3) The Police Service shall be headed by an Inspector-General of Police to be appointed by the President of the Government of Southern Sudan on the recommendation of the minister in charge and approval of the Council of Ministers. (4) The Police of Southern Sudan shall be governed by this Constitution and the law. It shall respect the will of the people, the rule of law and order, civilian government, democracy and human rights. (4) The Police of Southern Sudan and their counterparts at the national level shall coordinate, cooperate and assist each other in the discharge of their functions, and to that end, shall recommend, through their respective authorities to the Presidency of the Republic the establishment of such necessary mechanisms. Prisons Service The 163. (1) Th ere shall be established a prisons service to be known as the Prisons Service of Southern Sudan and it shall be a decentralized professional service; its mission shall be correctional, reformative and rehabilitative. It shall respect the will of the people, the rule of law and order, civilian government, democracy and human rights. 2) The Prisons Service shall be organized at the level of Southern Sudan and states of Southern Sudan. (3) The Prisons Service shall be headed by Director-General to be appointed by the President of the Government of Southern Sudan on the recommendation of the minister in charge and approval of the Council of Ministers. 62 (4) The functions of Prisons shall, inter alia, be to manage, operate and maintain the prisons of Southern Sudan, and to administer the internment and care for the health of prisoners and inmates. (5) Prisons authorities shall treat prisoners humanely. Any treatment that is cruel, inhuman, degrading of the dignity of prisoners, or that may expose their health to danger is prohibited and punishable by law. (6) Organization, powers, terms and conditions of service of the Prisons Service shall be prescribed by law. The Wildlife Service 164. (1) There shall be established a wildlife service to be known as the Wildlife Service of Southern Sudan and it shall be a decentralized professional service; its mission is to protect the wildlife and to preserve and conserve the natural habitat of flora and fauna of Southern Sudan. (2) The Wildlife Service shall be organized at the level of Southern Sudan and states of Southern Sudan. (3) The Wildlife Service shall be headed by a Director-General of Wildlife to be appointed by the President of the Government of Southern Sudan on the recommendation of the minister in charge and approval of the Council of Ministers. (4) The Wildlife Service shall coordinate and cooperate with the local communities on the protection and management of wildlife within their areas. (5) The Wildlife Service shall act in accordance with this Constitution and the following guiding principles: (a) the protection of the natural ecosystems, bio-diversity and endangered species shall be the primary consideration in carrying out its duties; (b) consistent with the provisions of this Constitution and the law, the Wildlife Service shall manage wildlife resources as necessary to protect human life; and (c) wildlife shall be protected and managed in accordance with the international standards and obligations. (6) The organization, functions, powers and terms and conditions of service of the Wildlife Service shall be regulated by law. It shall respect the will of the people, the rule of law and order, civilian government, democracy, human rights and animal protection. The Fire Brigade Service 63 165. (1) There shall be established a fire brigade service to be known as the Fire Brigade Service of Southern Sudan and it shall be a decentralized professional service, whose mission is to prevent and protect the people of Southern Sudan and their property from fire. (2) The Fire Brigade Service shall be organized at all levels of the government in Southern Sudan (3) The Fire Brigade Service shall be headed by a Commissioner of Fire Brigade to be appointed by the President of the Government of Southern Sudan on the recommendation of the minister in charge and approval of the Council of Ministers. (4) The functions, organization and terms and conditions of service of the Fire Brigade Service shall be regulated by law. The Security Service 166. (1) There shall be established at all levels of government in Southern Sudan Security Committees; their composition and functions shall be determined by the National Security Act. (2) There shall be established National Security Service Offices at the level of Southern Sudan and the states; their composition, functions and duties shall be regulated by the National Security Act. PART ELEVEN THE STATES, LOCAL GOVERNMENT, TRADITIONAL AUTHORITY AND ABYEI AREA CHAPTER I STATES OF SOUTHERN SUDAN 64 General Provisions 167. (1) The territory of Southern Sudan shall be decentralized and composed of ten states. (2) The states shall adopt their own constitutions, which shall conform to this Constitution and the Interim National Constitution. (3) State boundaries, names and capitals shall not be altered except by a decision of the Council of States. State legislatures of Southern Sudan may make recommendations on the same to the Council of States through the Government of Southern Sudan. State Organs 168. (1) There shall be legislative, executive, and judicial organs at state level for each state of Southern Sudan which shall function in accordance with this Constitution, the Interim National Constitution and the relevant state constitution. (2) Each state of Southern Sudan shall have exclusive executive and legislative competences as set forth in Schedule C of this Constitution. (3) Each state of Southern Sudan shall have residual executive and legislative competence over matters within their borders that are not exclusive to the National Government or the Government of Southern Sudan. (4) Each state government within Southern Sudan 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 of Southern Sudan shall promote and empower local government. The organization and proper functioning of local government and elections to its respective institutions shall be conducted in accordance with the relevant state constitution and the law. (6) In fulfilment 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. State Executive 65 169. (1) There shall be a governor for each state within Southern Sudan, 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 shall be the head of executive organ in the state and shall appoint the state council of ministers in accordance with the state constitution. (3) There shall be a deputy governor for each state to be appointed by the governor of the state; the deputy governor shall 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 accountable 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 governor, together with the state council of ministers, shall exercise the executive competences of the state in respect of the functional areas in Schedules C and D read together with Schedules E and F, as are conferred by this Constitution and the state constitution and such other executive powers as may be prescribed by law. State Legislative Assembly 170. (1) Each state within Southern Sudan shall have a legislature to be known as State Legislative Assembly, which shall comprise members elected in accordance with the state constitution and the elections law. (2) Each state legislature shall prepare and adopt its state constitution, provided that it shall be in conformity with this Constitution, the Interim National Constitution and the Comprehensive Peace Agreement. (3) Each state legislature shall have law-making competence in respect of the functional areas listed in Schedules C and D read together with Schedules E and F herein, and such other legislative competences as are conferred upon the state by this Constitution, the state constitution, and the law. (4) (a) The state legislature may, in accordance with the state constitution, pass a vote of no confidence in the Governor by three quarters majority of all its members; (b) Should the state legislature pass a vote of no confidence as stated in paragraph (a) above, the President of the Government of Southern 66 Sudan shall make a request to the President of the Republic calling for snap elections of the Governor. The President of the Republic shall act upon such a request and shall call the state electorate for snap elections of the Governor to be conducted within sixty days; (c) The Governor elected in the snap elections shall serve for the remainder of the original tenure; (d) Should the Governor who was subjected to the vote of no-confidence be 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 (e) A vote of no confidence in the Governor shall not be passed before he or she completes twelve months in office. (5) The term of a state legislative assembly shall be five years commencing from the date of its first sitting. (6) Governors, members of state legislatures and the state councils of ministers shall have such immunities as are provided by law. (7) Competent courts of law in Southern Sudan shall hear and determine any objection regarding the validity of nomination or election of a member of the state legislative assembly in accordance with the provisions of the national elections law. (8) Each state legislature shall make its own Conduct of Business Regulations, establish its committees and elect its speaker and other officers. State Judiciary 171. (1) Judicial power in the states shall vest in the State Judiciary; the constitution of each State shall provide for the establishment of a state Judiciary consisting of the following hierarchy of courts: (a) High courts; (b) County courts; and (c) Any other courts and tribunals as shall be determined by law. (2) State courts shall have civil and criminal jurisdiction in respect of state, Southern Sudan and national laws, save that a right of appeal shall lie as provided for herein; however, the Southern Sudan Legislative Assembly shall determine the civil and criminal procedures in respect of litigation or prosecution under Southern Sudan laws in accordance with this Constitution. (3) Each state shall determine the jurisdiction of its customary law courts. (4) The constitution and legislation of each state shall provide for: 67 (a) the appointment, removal and other terms and conditions of service of judges and lay magistrates; and (b) guarantees for the independence and impartiality of the State Judiciary, immunity of judges and magistrates, and measures to ensure that they are not subject to political or other interference. (5) The structures and powers of the courts of the states of Southern Sudan shall be subject to the provisions of this Constitution and constitution of the state concerned. (6) There shall be a substantial representation of women in the State Judiciary having regard to competence, integrity, credibility and impartiality. Interim Provisions for States 172. (1) Pending the elections referred to in Article 202 of this Constitution and Article 216 of the Interim National Constitution: (a) State governors in Southern Sudan shall be appointed by the President of the Government of Southern Sudan in consultation with the Vice President of the Government of Southern Sudan; and (b) The governor of one Southern Sudan state shall be a nominee of the National Congress Party, and one deputy governor in a different Southern Sudan state shall be a nominee of the National Congress Party. (2) Seats and positions of legislatures and executives of Southern Sudan states shall be allocated as follows:- (a) The Sudan People’s Liberation Movement shall have seventy percent of the seats and positions; and (b) The remaining thirty percent of the seats and positions shall be allocated as follows:- (i) twenty percent of the seats and positions to be filled by other Southern Sudan political forces; and (ii) ten percent of the seats and positions to be filled by the National Congress Party. (3) Notwithstanding the provisions of Article 171 (4) (a) herein, and pending the establishment of state judiciaries within four years of the interim period, state judges and magistrates shall be employees of the Southern Sudan Judiciary appointed by the President of the Government of Southern Sudan on the recommendation of the President of the Supreme Court of Southern Sudan. CHAPTER II LOCAL GOVERNMENT 68 Local Government 173. (1) Pursuant to Article 50 (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 throughout Southern Sudan, and in order to set common standards and criteria for the organization of local government, the Government of Southern Sudan shall enact the necessary legislation. (3) The President of the Government of Southern Sudan shall establish a Local Government Board under his or her office to review the local government system in Southern Sudan 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 councils shall be established by law taking into account but not limited to the following criteria: (a) size of territory; (b) population; (c) economic viability; (d) common interest of the communities; and (e) 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: (a) promote self-governance and enhance the participation of people and communities in maintaining law and order and promoting democratic, transparent and accountable local government; (b) establish the local government institutions as close as possible to the people; (c) encourage the involvement of communities and communitybased organisations in the matters of local government, and promote dialogue among them on matters of local interest; (d) promote and facilitate civic education; (e) promote social and economic development; 69 (f) promote self-reliance amongst the people through mobilisation of local resources to ensure the provision of services to communities in a sustainable manner; (g) promote peace, reconciliation and peaceful coexistence among the various communities; (h) ensure gender mainstreaming in local government; (i) acknowledge and incorporate the role of traditional authorities and customary law in the local government system; (j) involve communities in decisions relating to the exploitation of natural resources in their areas and promote a safe and healthy environment; and (k) promote and support the training of local cadres. (6) Local governments shall have powers to levy, charge, collect and appropriate fees and taxes in accordance with the law. (7) The Government of Southern Sudan may pay grants-in-aid to states in support of their budgetary deficits and that of local government councils. Traditional Authority 174. (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 and the law. (3) The courts shall apply customary law subject to this Constitution and the law. Role of Traditional Authorities 175. (1) Legislations of the states shall provide for the role of traditional authority as an institution at local government level on matters affecting local communities. (2) Legislations at the Southern Sudan and states levels shall provide for the establishment, composition, functions and duties of the Councils of Traditional Authority Leaders. CHAPTER III ABYEI AREA Citizenship, Special Status and Referendum 70 176. (1) Abyei Area, the territory of the nine Ngok Dinka chiefdoms transferred from Bahr el Ghazal Province to Kordofan Province in 1905, is accorded a special administrative status under the Presidency of the Republic, in which its residents shall be citizens of both Southern Kordofan and Warrap State. (2) The residents of Abyei Area, pursuant to sub-article (1) above, shall enjoy all rights and freedoms guaranteed by this Constitution. (3) Pursuant to Article 183 (3) of the Interim National Constitution, the residents of Abyei Area shall vote in a separate referendum simultaneously with the referendum of Southern Sudan, which shall present them, irrespective of the results of the Southern Sudan Referendum, with the following choices:- (a) that Abyei Area retains its special administrative status in the north; or (b) that Abyei Area be part of Warrap State. Security Arrangements 177. The security arrangements in Abyei Area shall be in accordance with the provisions of the Comprehensive Peace Agreement and the Interim National Constitution. CHAPTER IV LINKAGES AND COOPERATION WITH THE NORTHERN STATES 178. In accordance with Article 26 (2) of the Interim National Constitution, the Government of Southern Sudan and its component states may conduct, maintain and promote inter-state coordination and cooperation with Northern states, particularly the neighbouring states of Southern Kordofan, Blue Nile, White Nile, Sennar and Southern Darfur on matters of mutual interest. PART TWELVE FINANCE AND ECONOMIC MATTERS CHAPTER I GUIDING PRINCIPLES FOR DEVELOPMENT AND EQUITABLE SHARING OF COMMON WEALTH 71 179. (1) The Government of Southern Sudan shall support and encourage a decentralized and participatory economic development based on the principle of subsidiarity and devolution of governmental functions and powers to the people at appropriate levels where they can best manage and direct their own affairs. (2) The decentralized economic development in Southern Sudan shall be based on the agricultural and agro-industrial sectors, and promotion of private sector conducted in accordance with the best known practices of sustainable development within a framework of transparent and accountable governance. (3) The Government of Southern Sudan shall promote and encourage the participation of the people of Southern Sudan in the formulation of its development policies and programmes. (4) The Government of Southern Sudan shall endeavour to build institutional, human, social and economic capacity, develop infrastructure and social services, and raise the standard of public services in Southern Sudan to attain the Millennium Development Goals. (5) The sharing and allocation of resources and common wealth of Southern Sudan shall be based on the premise that all states, communities and localities of Southern Sudan are entitled to development without discrimination. (6) Resources and common wealth of Southern Sudan shall be allocated in a manner that will enable each level of government discharge its legal and constitutional responsibilities and duties and ensure that the quality of life and dignity of all the people of Southern Sudan are promoted without discrimination on grounds of gender, religion, political affiliation, ethnicity, language or locality. (7) The Government of Southern Sudan shall fulfil its obligations to provide financial transfers to all levels of government in Southern Sudan, and shall, except as otherwise provided herein, apportion revenue equitably among Southern Sudan states and local governments. (8) Revenue sharing shall reflect a commitment to devolution of powers and decentralisation of decision-making in regard to development, service delivery and governance. (9) All taxes and duties set out in this Constitution shall be regulated by law to ensure coordination, fairness, equity, transparency and to avoid an excessive tax burden on the citizens, private sector and investors. (10) No level of government in Southern Sudan shall unduly withhold any allocation or financial transfer due to any other level of government. In 72 case of dispute, any level of government, after attempting amicable solution, may initiate proceedings before the Supreme Court of Southern Sudan.,\\ CHAPTER II LAND AND NATURAL RESOURCES IN SOUTHERN SUDAN Regulation of Land and Natural Resources 180. (1) The regulation of land tenure, usage and exercise of rights thereon shall be a concurrent competence, exercised at the appropriate level of government in Southern Sudan. (2) Rights in land owned by the Government of Southern Sudan shall be exercised through the appropriate or designated level of government in Southern Sudan, which shall recognize customary land rights under customary land law. (3) All levels of government in Southern Sudan shall institute a process to progressively develop and amend the relevant laws to incorporate customary laws, practices, local heritage and international trends and practices. (4) All lands traditionally and historically held or used by local communities or their members shall be defined, held, managed and protected by law in Southern Sudan. (5) Customary seasonal access rights to land shall be respected, provided that these access rights shall be regulated by the respective states taking into account the need to protect agricultural production, community peace and harmony, and without unduly interfering with or degrading the primary ownership interest in the land, in accordance with customary law. (6) Communities and persons enjoying rights in land shall be consulted and their views duly taken into account in decisions to develop subterranean natural resources in the area in which they have rights; they shall share in the benefits of that development. (7) Communities and persons enjoying rights in land shall be entitled to prompt and equitable compensation on just terms arising from acquisition or development of land for the extraction of subterranean natural resources in their areas in the public interest. Southern Sudan Land Commission 181. (1) Without prejudice to the jurisdiction of the courts, there shall be established a Southern Sudan Land Commission that shall have the following functions:- 73 (a) entertain claims, at its discretion, and in respect of land, be they against any level of government or other parties interested in the land; (b) arbitrate between willing contending parties on claims over land; the parties to the arbitration shall be bound by the decision of the Commission on the basis of mutual consent and upon registration of the award in a court of law; (c) enforce the law applicable to the locality where the land is situated or such other law as the parties to the arbitration agree, including principles of equity; (d) accept references on request from the relevant government, or in the process of resolving claims, make recommendations to the appropriate level of government concerning land reform policies and recognition of customary rights or customary land law; (e) assess appropriate compensation for land including but not limited to monetary compensation, for applicants in the course of arbitration or in the course of a reference from a court; (f) advise different levels of government on how to co-ordinate policies on Southern Sudan projects affecting land or land rights; (g) study and record land use practices in areas where natural resource development occurs; (h) conduct hearings and formulate its own rules of procedure; and (i) any other functions that may be conferred upon it by law. (2) The structure, composition, appointment, terms and conditions of service of the Commission shall be regulated by law. (3) The chairperson of the Commission shall be appointed by the President of the Government of Southern Sudan. (4) The Commission shall be independent and representative of all levels of government in Southern Sudan. (5) The Commission shall have its budget approved by the Southern Sudan Legislative Assembly and shall be accountable to the President of the Government of Southern Sudan for the administrative performance of its functions. Cooperation between National and Southern Sudan Land Commissions 182. (1) The National Land Commission and Southern Sudan Land Commission shall co-operate and co-ordinate their activities so as to: (a) use their resources efficiently; (b) exchange information and decisions on land issues; and (c) resolve any conflict between their findings or recommendations. (2) In case of conflict between the findings or recommendations of the National Land Commission and Southern Sudan Land Commission which cannot be 74 resolved or reconciled by agreement pursuant to sub-Article (1) (c) above, the matter shall be referred to the Constitutional Court. (3) The Southern Sudan Land Commission may carry out certain functions of the National Land Commission, including collection of data and research. CHAPTER III FRAMEWORK FOR PETROLEUM DEVELOPMENT AND MANAGEMENT IN SOUTHERN SUDAN 183. (1) The Government of Southern Sudan and the oil producing states in Southern Sudan shall be represented in the National Petroleum Commission in accordance with Article 191 of the Interim National Constitution. (2) The governments of Southern Sudan and the oil producing states shall participate in development and management of the various stages of petroleum development in Southern Sudan in consultation with the relevant communities, within the overall framework of petroleum development during the Interim Period. (3) The Government of Southern Sudan in conjunction with the governments of oil producing states, shall prioritize areas of petroleum development and make recommendations that are consistent with such priorities to the National Petroleum Commission taking into account: (a) the impact from petroleum development on the environment of the area; (b) the effect of petroleum development on traditional and community rights in land in the areas affected by such development; (c) the expected economic yield and benefits from the petroleum reserves; and (d) the required production facilities and the transportation system to be put in place. (4) Any petroleum development in Southern Sudan shall be conducted in a manner that will ensure that: (a) the interests of the people of Southern Sudan are safeguarded; (b) it does not violate national, Southern Sudan and state environmental laws and policies, biodiversity conservation guidelines and protection of cultural heritage; (c) it recognizes and protects rights in land, including customary and traditional land rights; (d) the communities in whose areas development of subterranean natural resources occurs have the right to participate, through their 75 respective states, in the negotiation of contracts for the development of those resources; and (e) it is in conformity with internationally recognised industry standards of environmentally sensitive natural resource extraction or development. (5) It shall be the responsibility of the Government of Southern Sudan and the oil producing states in Southern Sudan to ensure the sustainable development and management of petroleum resources within Southern Sudan by: (a) formulating public policies, guidelines, legislations, regulations and procedures in relation to the development and management of the Southern Sudan petroleum sector in line with the guidelines developed by the National Petroleum Commission or as a supplement thereto; (b) monitoring and assessing the implementation of policies developed by the National Petroleum Commission and their impact on the communities in the areas of petroleum development; (c) formulating strategies and programmes for the development of the necessary technical cadres from Southern Sudan; and (d) requiring that all petroleum projects be subjected to environmental impact assessment before approval and implementation. CHAPTER IV SOURCES OF REVENUE IN SOUTHERN SUDAN Sources of Revenue for the Government of Southern Sudan 184. (1) The Government of Southern Sudan, through the legislative process, shall legislate for raising revenue or collecting taxes from the following sources: (a) the national revenue allocation to the Government of Southern Sudan and states from the National Revenue Fund as set out in Article 197 of the Interim National Constitution; (b) revenue from any of the sources listed as state revenue sources referred to in Article 186 of this Constitution; (c) oil revenue as set out in Article 185 (1) of this Constitution; (d) taxes of the Government of Southern Sudan, which do not encroach on the exclusive National Government taxing powers; (e) service charges of the Government of Southern Sudan; (f) enterprises and projects of the Government of Southern Sudan; (g) grants-in-aid and foreign financial assistance; (h) taxes and levies on small and medium businesses; (i) excise duties on goods within Southern Sudan deemed to be luxury consumables; 76 (j) personal income tax of Southern Sudan; (k) loans and borrowing in accordance with Article 193 (1) of this Constitution; and (l) any other taxes as may be determined by law. (2) The Government of Southern Sudan shall be allocated fifty per cent of the national non-oil revenue collected in Southern Sudan, as provided for under Article 196 (1) of the Interim National Constitution to partially meet development costs during the Interim Period. This arrangement shall be reviewed during the mid-term review process, with the view to the National Government allocating additional resources to the Government of Southern Sudan if need arises. (3) All funds and special accounts referred to in this Constitution and future accounts shall be on-budget operations in accordance with the public budget. Oil Revenue for the Government of Southern Sudan 185. (1) The Government of Southern Sudan shall be allocated oil revenue from the following sources: (a) fifty percent of net oil revenue derived from oil producing wells in Southern Sudan after the payment to the Oil Revenue Stabilization Account and to the oil producing states in Southern Sudan as of the beginning of the pre-interim period, and the remaining fifty percent to the National Government and states in Northern Sudan; (b) forty-two percent of net oil revenue derived from oil producing wells in Abyei Area as provided in the Comprehensive Peace Agreement; and (c) withdrawals from its share from the Oil Revenue Stabilization Account as provided in the Comprehensive Peace Agreement. (2) The Government of Southern Sudan shall establish a Southern Sudan Future Generation Fund from its share of net oil revenue once oil production in Southern Sudan reaches one million barrels per day. Sources of Revenue of States in Southern Sudan 186. The states in Southern Sudan may legislate for raising revenue or collecting taxes from the following sources: (a) state land and property tax and royalties; (b) service charges for state services; (c) licences; (d) state personal income tax; (e) levies on tourism; 77 (f) at least two percent of net oil revenue for oil producing states; in proportion to output produced in the state, taking into account the special allocation of two percent of net oil revenue produced in Abyei Area to Bahr El Ghazal as provided in the Comprehensive Peace Agreement; (g) state government projects and national parks; (h) stamp duties; (i) agricultural taxes; (j) grants-in-aid and foreign aid; (k) excise duties; (l) border trade charges or levies in accordance with national legislation; (m) other state taxes, which are not within the exclusive jurisdiction of the National or Southern Sudan governments; (n) loans and borrowing in accordance with Article 193 (3) of this Constitution; and (o) any other tax as may be determined by law. CHAPTER V FISCAL AND FINANCIAL INSTITUTIONS IN SOUTHERN SUDAN Southern Sudan Revenue Fund 187. (1) All revenue collected for or by the Government of Southern Sudan shall be pooled in a Southern Sudan Revenue Fund administered by the Southern Sudan Ministry of Finance and Economic Planning. Such Fund shall embrace all accounts and sub-funds into which monies due to the Government of Southern Sudan are collected, reported or deposited. (2) All the revenue and expenditure of each level of government in Southern Sudan shall be on-budget operations and made public as the case may be. (3) Any withdrawals from the Southern Sudan Revenue Fund shall not be made except in accordance with the law. Southern Sudan Fiscal and Financial Allocation and Monitoring Commission 188. (1) A Southern Sudan Fiscal and Financial Allocation and Monitoring Commission shall be established to ensure transparency and fairness in regard to the allocation of funds collected at the level of the Government of Southern Sudan to the states and local governments in Southern Sudan. (2) The Commission shall undertake the following duties and responsibilities: (a) monitor and ensure that equalization grants from the Southern Sudan Revenue Fund are promptly transferred to the respective levels of government; 78 (b) guarantee appropriate sharing and utilization of financial resources; and (c) safeguard transparency and fairness in the allocation of funds to the states and local governments in Southern Sudan. (3) The Commission shall be composed of representatives from the Government of Southern Sudan and the states as follows:- (a) three representatives of the Government of Southern Sudan; and (b) the finance minister from each state of Southern Sudan. (4) The chairperson of the Commission shall be appointed by the President of the Government of Southern Sudan after consultation with the Vice President of the Government of Southern Sudan. (5) The Commission shall quarterly report to the President of the Government of Southern Sudan and the Southern Sudan Legislative Assembly about its performance, and the President of the Government of Southern Sudan shall take appropriate remedial action in case of failure by the Southern Sudan Ministry of Finance and Economic Planning to discharge any of the functions stipulated in sub-Article 2 above. (6) The Commission shall set its rules and procedures Southern Sudan Reconstruction and Development Fund 189. (1) There shall be established a Southern Sudan Reconstruction and Development Fund to solicit, raise and collect funds from domestic and international donors and disburse such funds for the rehabilitation and reconstruction of the infrastructure of Southern Sudan, the resettlement and reintegration of internally and externally displaced persons, and to address any imbalances in regional development and infrastructure. (2) The Government of Southern Sudan shall be responsible for expenditure from the fund and shall be entitled to raise additional funds by way of donation from foreign States, multilateral organizations or other bodies for the purposes of the reconstruction and development of Southern Sudan states. (3) The Fund shall be transparently administered and professionally managed by a body established by the Government of Southern Sudan which shall also appoint an oversight committee having on it a representative of the National Ministry of Finance and of the National Audit Chamber; the Southern Sudan Legislative Assembly shall supervise the performance of the Fund. (5) A monitoring and evaluation system shall be established to ensure accountability, transparency, efficiency, equity and fairness in the utilization of resources. 79 CHAPTER VI BANKING IN SOUTHERN SUDAN Banking System in Southern Sudan 190. There shall be established in Southern Sudan a conventional banking system in accordance with the provisions of Article 201 (2) of the Interim National Constitution. Establishment of Bank of Southern Sudan 191. (1) There shall be established a Bank of Southern Sudan as a branch of the Central Bank of Sudan to provide, inter alia, conventional banking services within the framework of a single national monetary policy. (2) The Bank of Southern Sudan shall use the market-based conventional banking instruments developed by the Central Bank of Sudan to regulate and supervise the implementation of the national monetary policy in Southern Sudan. (3) The Bank of Southern Sudan shall be headed by a Deputy Governor of the Central Bank of Sudan who shall be a member of the Board of Directors of the Central Bank of Sudan. (4) The Bank of Southern Sudan, being a branch of the Central Bank of Sudan, shall manage the conventional window using conventional financing instruments in implementing the national monetary policy in Southern Sudan in relation to the following: (a) promoting and maintaining price stability; (b) maintaining a stable exchange rate; (c) maintaining sound, effective and efficient banking and credit system; (d) chartering and supervising financial institutions in Southern Sudan; and (e) performing any other functions not inconsistent with the national monetary policy. (5) All financial institutions in Southern Sudan shall be subject to internationally recognized regulatory and prudential standards for conventional finance as well as to rules and regulations set by the Central Bank of Sudan. Management of Foreign Exchange Resources 192. (1) All foreign exchange resources of the Government of Southern Sudan shall be considered part of the national foreign exchange reserve and the Government of Southern Sudan shall use them to meet its foreign 80 exchange requirements. The Government of Southern Sudan foreign exchange transactions shall be conducted through the Bank of Southern Sudan. (2) All domestic banking operations and transactions of the Government of Southern Sudan shall be in the national currency and any other circulating currencies in Southern Sudan until a new currency is issued as provided in Article 207 of the Interim National Constitution. (3) The Bank of Southern Sudan shall open a foreign correspondent account in a prime bank of its choice in which all foreign exchange resources of the Government of Southern Sudan shall be deposited. (4) The Bank of Southern Sudan shall manage this foreign correspondent account on the basis of the best banking practices in favour of the Government of Southern Sudan and disburse it in such manner as to ensure macro-economic stability and compliance with national monetary policy objectives and requirements. Borrowing 193. (1) The governments of Southern Sudan and the states may borrow money with the approval of the respective legislature. The appropriate legislature may by law exempt any categories of loans from the requirement of approval and in this case determine the extent of the money value of the loan subject to such conditions as it may prescribe. Neither the Government of Southern Sudan nor the Bank of Southern Sudan shall be required to guarantee borrowing by any State government in Southern Sudan. (2) The governments of Southern Sudan and the states shall report financial and fiscal data relating to such loans to the relevant institutions in Southern Sudan for statistical purposes. (3) The governments of Southern Sudan and the states may borrow money from foreign sources depending on their respective credit worthiness. (4) Foreign borrowing by the governments of Southern Sudan and the states shall be in a manner that does not undermine national macro-economic policies and shall be consistent with the objective of maintaining external financial viability. All foreign borrowing transactions of all levels of government in Southern Sudan shall conform to the specifications of the Central Bank of Sudan. 81 CHAPTER VII ACCOUNTING STANDARDS Accounting Procedures, Standards and Fiscal Accountability 194. (1) All levels of government in Southern Sudan shall comply with generally accepted accounting procedures, standards and fiscal accountability to ensure that public funds are allocated and expended according to the budget of the respective level of government. (2) All levels of government in Southern Sudan shall hold all income and revenue received in public accounts and subject to public scrutiny and accountability. (3) The accounting procedures, standards and fiscal accountability in Southern Sudan shall be regulated by law. Southern Sudan Audit Chamber 195.(1)There shall be established an independent Southern Sudan Audit Chamber. (2) The Southern Sudan Audit Chamber shall, in accordance with the provisions of Article 205 (2) of the Interim National Constitution, supervise the financial performance of all levels of government in Southern Sudan, including revenue collection and expenditure, in accordance with the budgets approved by their respective legislatures. (3) The President of the Government of Southern Sudan, with the approval of a two-thirds majority of all members of the Southern Sudan Legislative Assembly shall appoint from qualified persons the Southern Sudan Auditor General who shall be the head of the Southern Sudan Audit Chamber. He or she shall take oath before the President of the Government of Southern Sudan and shall not be removed except in the same manner in which he or she is appointed. (4) The Southern Sudan Audit Chamber shall assume auditing of the accounts of the Southern Sudan Executive, the Southern Sudan Legislative Assembly, the Judiciary of Southern Sudan and the accounts of states, local governments, independent commissions, public institutions and corporations and any other institutions in Southern Sudan as may be determined by law. (5) The Southern Sudan Auditor General shall present an annual report to the President of the Government of Southern Sudan and the Southern Sudan Legislative Assembly. (6) The Southern Sudan Auditor General shall be prohibited from engaging in all businesses in which constitutional office holders are not allowed to engage, pursuant to Article 121 (2) of this Constitution. 82 (7) The law shall organize the Southern Sudan Audit Chamber and shall specify the functions, terms and conditions of service of its employees. CHAPTER VIII INTERSTATE TRADE AND COMMERCE 196. (1) Free interstate trade and commerce are guaranteed by this Constitution. No legislation shall impede interstate commerce, the flow of goods and services, capital or labour between the states and local governments in Southern Sudan. (2) There shall be no levies or fees or any other charges on interstate trade and commerce in Southern Sudan. CHAPTER IX TRANSITIONAL PROVISIONS FOR FINANCE AND BANKING Circulating Currencies in Southern Sudan 197. (1) The Central Bank of Sudan shall issue a new currency, the design of which shall reflect the cultural diversity of the Sudan. Priority shall be given to meet currency demand and replacement of the circulating currencies in Southern Sudan. (2) Until a new currency is issued on the recommendation of the Central Bank of Sudan, the circulating currencies in Southern Sudan shall be recognised. Government Liabilities and Assets 198. (1) Any debt or liability incurred by any level of government in Southern Sudan shall be the responsibility of that level of government. (2) There shall be a fair and equitable division of government assets in Southern Sudan. An asset shall in the first instance be allocated to the level of government responsible for the function in respect of which the asset is related. In the event of a dispute, such dispute shall be referred to a committee consisting of a representative of each of the parties involved in the dispute and a mutually agreed expert. The decision of the committee shall be final and binding. 83 PART THIRTEEN NATURAL DISASTERS 199. (1) The President of the Government of Southern Sudan, in consultation with the Southern Sudan Legislative Assembly, may upon the occurrence of any natural disaster or epidemic which may threaten the civil life of the people of Southern Sudan, take appropriate control measures to address the situation. (2) Should the situation contemplated in sub-Article (1) above require the declaration of a state of emergency, the President of the Government of Southern Sudan shall request the President of the Republic to declare the state of emergency in accordance with Article 210 of the Interim National Constitution. PART FOURTEEN CENSUS AND ELECTIONS CHAPTER I CENSUS AND STATISTICS The Southern Sudan Centre for Census, Statistics and Evaluation 200. (1) There shall be established in Southern Sudan a Southern Sudan Centre for Census, Statistics and Evaluation. (2) The Southern Sudan Centre for Census, Statistics and Evaluation shall be an autonomous statistics bureau authorized, inter alia, to: (a) collect, compile, analyze and publish all official statistical information on economic, social, demographic, environmental and general activities and conditions of the people of Southern Sudan; (b) conduct all censuses and surveys that are carried out throughout Southern Sudan; (c) monitor and evaluate social impacts of public policies, projects and programmes; and (d) monitor the progress of poverty alleviation and the attainment of the Millennium Development Goals in Southern Sudan. (3) The President of the Government of Southern Sudan shall appoint a Board of Directors and the Director of the Centre. The Board shall be the highest policy-making body of the Southern Sudan Centre for Census, Statistics 84 and Evaluation; it shall formulate policies and set its internal regulations, priorities, standards and criteria for all the censuses and surveys to be carried out in Southern Sudan. (4) The organisation and powers of the Centre, and terms and conditions of service of its personnel shall be regulated by law. Southern Sudan Population Census 201. (1) Population census in Southern Sudan shall be conducted and completed by the end of the second year of the Interim Period. (2) The population census in Southern Sudan shall be conducted by the Southern Sudan Centre for Census, Statistics and Evaluation in coordination with the national Central Bureau of Statistics. (3) In the interest of effectiveness in the execution of the population census or surveys throughout the Sudan, the national Central Bureau of Statistics and Southern Sudan Centre for Census, Statistics and Evaluation shall co-ordinate, co-operate and assist each other in the fulfilment of their functions and may to this end, establish the necessary mechanisms and channels of implementation. CHAPTER II ELECTIONS IN SOUTHERN SUDAN Time of Elections in Southern Sudan 202. General Elections at all levels of government in Southern Sudan shall be held not later than the end of the fourth year of the Interim Period. Referenda in Southern Sudan 203. (1) Pursuant to Schedule B (11) herein, the President of the Government of Southern Sudan, or the Southern Sudan Legislative Assembly, through a resolution passed by more than half of all its members, may refer for a referendum any matter of public interest within the competence of the Government of Southern Sudan. (2) Any matter submitted for a referendum shall be deemed to have been approved by the people of Southern Sudan if it has obtained more than half of the number of votes cast. 85 (3) Any matter which has been approved by the people of Southern Sudan in a referendum shall have authority above any legislation. It shall not be annulled save by another referendum. Running for Elections in Southern Sudan 204. Whoever runs in any elections in Southern Sudan shall respect, abide by and enforce the Comprehensive Peace Agreement, this Constitution and the Interim National Constitution. PART FIFTEEN INTERIM AND MISCELLANEOUS PROVISIONS Coming into Force 205. (1) This Constitution shall be cited as the Interim Constitution of Southern Sudan, 2005; its English and Arabic versions are equally official and authentic. In case of any contradiction between the English and Arabic texts, the English text shall be authoritative as English was the language of the drafting of this Constitution. Any reference to the masculine gender in the Arabic text also denotes the feminine gender. (2) Upon the adoption of this Constitution by the Southern Sudan Legislative Assembly, it shall be presented to the National Ministry of Justice which shall, within two weeks from the date of receipt, declare its compatibility with the Interim National Constitution. (3) This Constitution shall come into force on the date of signature by the President of the Government of Southern Sudan. Amendment of this Constitution 206. (1) This Constitution shall not be amended unless the proposed amendment is approved by two-thirds of all members of the Southern Sudan Legislative Assembly and only after introduction of the draft amendment at least two months prior to the deliberations. (2) Any amendment affecting the provisions of the Comprehensive Peace Agreement shall be introduced only with the approval of both Parties signatory to the Comprehensive Peace Agreement. Incorporation of the Comprehensive Peace Agreement in this Constitution 207. The Comprehensive Peace Agreement is deemed to have been duly incorporated in this Constitution; any provisions of the Comprehensive Peace Agreement 86 which are not expressly incorporated herein shall be considered as part of this Constitution. Interim and Miscellaneous Provisions 208. (1) This Constitution derives its authority from the will of the people of Southern Sudan, the Comprehensive Peace Agreement and the Interim National Constitution of the Republic of the Sudan, 2005. (2) For the purposes of this Constitution and the Comprehensive Peace Agreement, the Interim Period commenced on July 9, 2005 and any measures taken or institutions established by the President of the Government of Southern Sudan pursuant to the Comprehensive Peace Agreement and the Interim National Constitution prior to the adoption of this Constitution, shall be deemed to have been taken or established by virtue of this Constitution. (3) All current laws shall remain in force and all judicial and civil servants shall continue to perform their functions, unless new actions are taken in accordance with the provisions of this Constitution. (4) This Constitution shall govern the Interim Period in Southern Sudan, subject to any amendment or review in accordance with Article 206 herein. (5) All the interim provisions contained in the various parts and chapters of this Constitution shall cease to have effect after the holding of the general elections stipulated under Article 202 of this Constitution. (6) Should the outcome of the referendum on self-determination confirm unity, the current system of governance established under this Constitution shall remain in force and all the institutions established under it shall continue to function in accordance with the provisions thereof until a permanent Constitution is promulgated. (7) If the outcome of the referendum on self-determination favours secession, this Constitution shall remain in force as the Constitution of a sovereign and independent Southern Sudan, and the parts, chapters, articles, sub-articles and schedules of this Constitution that provide for national institutions, representation, rights and obligations shall be deemed to have been duly repealed. SCHEDULES Schedule (A) National Powers 87 The exclusive legislative and executive powers of the national level of government shall be as follows: 1. National Defence, National Security and Protection of the National Borders; 2. Foreign Affairs and International Representation; 3. Nationality and Naturalization; 4. Passports and Visas; 5. Immigration and Aliens; 6. Currency, Coinage and Exchange Control; 7. Constitutional Court and other National Courts; 8. National Police (including Criminal Investigation Department – CID, coordination of international, regional and bilateral criminal matters, and standards and regulations including the standards for training the police in the National Capital); 9. The fixing of and providing for salaries and allowances of civil and other officers of the National Government; 10. Postal Services; 11. Civil Aviation; 12. Maritime shipment; 13. Beacons; 14. Navigation and Shipment; 15. National Lands and National natural resources; 16. Central Bank, the Incorporation of National banks and issuing of paper money; 17. Bills of Exchange and Promissory Notes; 18. Weights, Measures and Standards, Dates and Standards of Time; 19. Meteorology; 20. Establishment and Maintenance of National Prisons; 21. National Institutions as envisaged under the Peace Agreement or as set forth in this Constitution; 22. Customs, Excise and Export Duties; 23. Intellectual Property Rights, including Patents and Copyright; 24. National Flag, National Emblem and National Anthem; 25. Signing of International Treaties on behalf of the Republic of the Sudan; 26. National Debt and borrowing on public credit; 27. National Census, National Surveys and National Statistics; 28. National States of Emergency; 29. International and Inter-State Transport, including roads, airports, waterways, harbours and railways; 30. National Public Utilities; 31. National Museums and National Heritage Sites; 32. National Economic Policy and Planning; 33. Nile Water Commission, the management of the Nile Waters, trans-boundary waters and disputes arising from the management of interstate waters between Northern states and any dispute between Northern and Southern states; 34. National information, publications, telecommunications regulations; 35. National Taxation and National Revenue Raising; 36. National Budget; 88 37. Laws providing for National elections and their supervision by the National Elections Commission; and 38. Issuance of National Identity Card. Schedule (B) Powers of the Government of Southern Sudan The exclusive legislative and executive powers of Government of Southern Sudan shall be as follows: 1. The adoption and amendment of the Constitution of the Government of Southern Sudan; 2. Police, Prisons and Wildlife Services; 3. Security and military forces during the Interim Period; 4. Legislation relating to the Government of Southern Sudan structures for the delivery of services at all levels of Government of Southern Sudan; 5. Borrowing of money on the sole credit of the Government of Southern Sudan within the national macro-economic policy; 6. Planning for Southern Sudan Government services including health, education, and welfare, etc; 7. The appointment, tenure and payment of Government of Southern Sudan (GOSS) officers and civil servants; 8. Development of financial resources for the Government of Southern Sudan; 9. The co-ordination of Southern Sudan services or the establishment of minimum Southern Sudan standards or the establishment of Southern Sudan uniform norms in respect of any matter or service referred to in Schedule C or Schedule D, read together with Schedule E, with the exception of Item 1 of Schedule C, including but not limited to, education, health, welfare, police (without prejudice to the National Standards and Regulations), prisons, state public services, such authority over civil and criminal laws and judicial institutions, lands, reformatories, personal law, intra-state business, commerce and trade, tourism, environment, agriculture, disaster intervention, fire and medical emergency services, commercial regulation, provision of electricity, water and waste management services, local Government, control of animal diseases and veterinary services, consumer protection, and any other matters referred to in the above Schedules; 10. Any power that a state or the National Government requests the Government of Southern Sudan to exercise on its behalf, subject to the agreement of the Government of Southern Sudan or that for reasons of efficiency the Government of Southern Sudan itself requests to exercise in Southern Sudan and that other level agrees; 11. Referenda in Southern Sudan on matters affecting Southern Sudan within the competencies of Southern Sudan Government; 12. Taxation and revenue raising in Southern Sudan; 13. Southern Sudan Budget; 14. Public utilities of Government of Southern Sudan; 15. Government of Southern Sudan flag and emblem; 16. Reconstruction and development of the Southern Sudan; 89 17. Government of Southern Sudan information, publications, media and telecommunications utilities; 18. Rehabilitation and benefits to disabled war veterans, orphans, widows and care for the dependents of deceased war fallen heroes; 19. Any matter relating to an item referred to in schedule D that cannot be dealt with effectively by a single state and requires Government of Southern Sudan legislation or intervention including, but not limited to the following:- (1) Matters relating to businesses, trade licenses and conditions of operation; (2) Natural resources and forestry; (3) Town and rural planning; (4) Disputes arising from the management of interstate waters within Southern Sudan; (5) Fire fighting and ambulance services; (6) GOSS reformatory institutions; (7) Firearms licenses within Southern Sudan; and (8) Government of Southern Sudan recreation and sports. 20. Such matters relating to taxation, royalties and economic planning as is specified in the Agreement on Wealth Sharing; 21. Southern Sudan census and statistics within the competence of the Southern Sudan Government; 22. Issuance of identity cards within Southern Sudan, driving licenses and any other appropriate documentation. Schedule (C) Powers of States The exclusive executive and legislative powers of a state of the Sudan shall be as follows:- 1. The Constitution of the state, subject to compliance with the National Constitution, and, as relevant, the Constitution of Southern Sudan; 2. State Police, prisons; 3. Local Government; 4. State information, state publications and state media; 5. Social Welfare including state pensions; 6. The Civil Service at the state level; 7. The State Judiciary and administration of justice at state level including maintenance and organization of state Courts, and subject to national norms and standards, civil and criminal procedure; 8. State Land and state Natural Resources; 9. Cultural matters within the state; 10. Regulation of religious matters; 90 11. Internal and external borrowing of money on the sole credit of the state within the National macro-economic framework; 12. The establishment, tenure, appointment, and payment of state officers; 13. The management, lease and utilization of lands belonging to the state; 14. The establishment, maintenance and management of reformatory institutions; 15. The establishment, regulation, and provision of health care, including hospitals and other health institutions; 16. Regulation of businesses, trade licenses, working conditions, hours, and holidays within the state; 17. Local works and undertakings; 18. Registration of marriage, divorce, inheritance, births, deaths, adoption and affiliations; 19. Enforcement of state laws; 20. Statutes enacted under the penal law power, save for the penalization for the breach of National laws relating to the national competencies; 21. The development, conservation and management of state natural resources and state forestry resources; 22. Primary and secondary schools and education administration in regard thereto; 23. Laws in relation to agriculture within the state; 24. Airstrips other than international and national airports within civil aviation regulations; 25. Intrastate public transport and roads; 26. Population policy and family planning; 27. Pollution control; 28. State statistics, and state surveys; 29. State referenda; 30. Charities and endowment; 31. Quarrying regulations; 32. Town and rural planning; 33. State cultural and heritage sites, state libraries, state museums, and other historical sites; 34. Traditional and customary law; 35. State finances; 36. State irrigation and embankments; 37. State Budget; 38. State archives, antiquities, and monuments; 39. Direct and indirect taxation within the state in order to raise revenue for the state; 40. State public utilities; 41. Vehicle licensing; 42. Fire fighting and ambulance services; 43. Recreation and sport within the state; 44. Firearms Licenses; and 45. Flag and emblem of the state. Schedule (D) Concurrent Powers 91 The National Government, the Government of Southern Sudan and state governments, shall have legislative and executive competencies on any of the matters listed below:- 1. Economic and Social Development in Southern Sudan; 2. Legal and other professions and their associations; 3. Tertiary education, education policy and scientific research; 4. Health policy; 5. Urban development, planning and housing; 6. Trade, commerce, Industry and industrial development; 7. Delivery of public services; 8. Banking and insurance; 9. Bankruptcy and insolvency; 10. Manufacturing licenses; 11. Airports, only with respect to the Government of Southern Sudan in accordance with Civil Aviation standards and regulations; 12. River transport; 13. Disaster preparedness, management and relief and epidemics control; 14. Traffic regulations; 15. Electricity generation and water and waste management; 16. Information, Publications, Media, Broadcasting and Telecommunications; 17. Environmental management, conservation and protection; 18. Relief, Repatriation, Resettlement, Rehabilitation and Reconstruction; 19. Without prejudice to the National Regulation, and in the case of Southern states, the regulation of Government of Southern Sudan, the initiation, negotiation and conclusion of International and Regional Agreements on culture, sports, trade, investment, credit, loans, grants and technical assistance with foreign governments and foreign non-governmental organizations; 20. Financial and economic policies and planning; 21. Women’s empowerment; 22. Gender policy; 23. Pastures, veterinary services, and animal and livestock diseases control; 24. Consumer safety and protection; 25. Residual powers, subject to schedule E; 26. Mother, Child protection and care; 27. Water Resources other than interstate waters; 28. Notwithstanding Schedules A, B and C, such matters relating to taxation, royalties and economic planning; 29. Southern Sudan and state Courts responsible for enforcing or applying National laws; 30. Such matters relating to taxation, royalties and economic planning as a matter or matters in regard to which the Government of Southern Sudan is accorded concurrent authority; 31. Human and animal drug quality control; and 32. Regulation of land tenure, usage and exercise of rights in land. Schedule (E) Residual Powers 92 The residual powers shall be dealt with according to its nature (e.g., if the power pertains to a national matter, requires a national standard, or is a matter which cannot be regulated by a single state, it shall be exercised by the National Government. If the power pertains to a matter that is usually exercised by the state or local government, it shall be exercised by the state). Where a matter is susceptible to Southern Sudan regulation, in respect of the states of Southern Sudan, it shall be exercised by the Government of Southern Sudan. Schedule (F) Resolution of Conflicts in Respect of Concurrent Powers If there is a contradiction between the provisions of Southern Sudan law and/or a state law and/or a National law, on the matters referred in Schedule D, the law of the level of government which shall prevail shall be that which most effectively deals with the subject matter of the law, having regard to:- 1. The need to recognize the sovereignty of the Nation while accommodating the autonomy of Southern Sudan or of the states; 2. Whether there is a need for National or Southern Sudan norms and standards; 3. The principle of subsidiarity; and 4. The need to promote the welfare of the people and to protect each person’s human rights and fundamental freedoms.
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