South Sudan 2011

35. Guiding Objectives and Principles

1. All levels of government and their organs, institutions and citizens shall be guided by the objectives and principles contained in this Constitution.
2. Right to work, Human dignity, Telecommunications
   This Constitution shall be interpreted and applied to advance the individual dignity and address the particular needs of the people 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, food security, electric power and telecommunication services to every part of the country.

36. Political Objectives

1. All levels of government 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 shall:
   1. promote and consolidate peace and create a secure and stable political environment for socio-economic development;
   2. Integration of ethnic communities
      initiate a comprehensive process of national reconciliation and healing that shall promote national harmony, unity and peaceful co-existence among the people of South Sudan;
   3. Integration of ethnic communities
      inculcate in the people a culture of peace, unity, cooperation, understanding, tolerance and respect for customs, traditions and beliefs of each other; and
   4. mobilize popular energies and resources for reconstruction and development.
3. The security and welfare of the people of South Sudan shall be the primary duty of all levels of government.
4. The composition of governments shall take into account ethnic, regional and social diversity in order to promote national unity and command national loyalty.
5. All public offices 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 and duties.

37. Economic Objectives

1. The principal objective of the economic development strategy shall be the:
   1. eradication of poverty;
   2. International human rights treaties
      attainment of the Millennium Development Goals;
   3. Mentions of social class
      guaranteeing the equitable distribution of wealth;
   4. Mentions of social class
      redressing imbalances of income; and
   5. Right to reasonable standard of living
      achieving a decent standard of life for the people of South Sudan.
2. All levels of government shall:
   1. Right to competitive marketplace
      develop and regulate the economy 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;
   2. Protection of environment
      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;
   3. 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;
   4. promote 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;
   5. promote agricultural, industrial and technological development by adopting appropriate policies and legislation for the encouragement and attraction of local and foreign investment; and
   6. take necessary measures to bring about balanced, integrated and equitable development of different areas 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 State shall ensure that National wealth is equitably shared among all levels of government for the welfare of the people.

38. Education, Science, Art and Culture

1. All levels of government shall:
   1. promote education at their respective levels to create the necessary qualified cadres for development;
   2. Reference to science
      mobilize public, private and communal resources and capabilities for education and promotion of scientific research geared towards development;
   3. Reference to art
      encourage and promote arts and craft and foster their patronization by government institutions and citizens;
   4. Integration of ethnic communities
      recognize cultural diversity and encourage such diverse cultures to harmoniously flourish and find expression through education and the media;
   5. Right to culture
      protect cultural heritage, monuments and places of national, historic or religious importance from destruction, desecration, unlawful removal or illegal export; and
   6. Right to culture, Human dignity
      protect, preserve and promote the cultures of the people which enhance their human dignity and are consistent with the fundamental objectives and principles set out in this Chapter.
2. The National Government shall:
   1. Right to academic freedom, Reference to science
      guarantee academic freedom in institutions of higher education and protect the freedom of scientific research within the ethical parameters of research and as shall be regulated by law; and
   2. Access to higher education
      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 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 prescribed by law.

39. Family

1. Family is the natural and fundamental unit of society and shall be protected by law.
2. All levels of government 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.

40. Children, Youth and Sports

41. The Environment

1. Every person or community shall have the right to a clean and healthy environment.
2. Protection of environment
   Every person shall have the obligation to protect the environment for the benefit of present and future generations.
3. Protection of environment
   Every person shall have the right to have the environment protected for the benefit of present and future generations, through appropriate legislative action and other measures that:
   1. prevent pollution and ecological degradation;
   2. promote conservation; and
   3. 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.
4. Protection of environment
   All levels of government shall develop energy policies that will ensure that the basic needs of the people are met while protecting and preserving the environment.

42. Defence of the Republic of South Sudan

1. Defence of the Republic of South Sudan is an honour and a duty of every citizen.
2. The State shall, by law, provide for the care of the combatants, the wounded heroes and heroines, the families of martyrs and those missing in action.

43. Foreign Policy

44. Saving

45. Citizenship and Rights

1. Requirements for birthright citizenship, Inalienable rights
   Every person born to a South Sudanese mother or father shall have an inalienable right to enjoy South Sudanese citizenship and nationality.
2. Citizenship is the basis of equal rights and duties for all South Sudanese.
3. Every citizen shall enjoy all the rights guaranteed by this Constitution.
4. Requirements for naturalization, Conditions for revoking citizenship
   The law shall regulate citizenship and naturalization; no naturalized citizen shall be deprived of his or her acquired citizenship except in accordance with the law.
5. A South Sudanese national may acquire the nationality of another country as shall be prescribed by law.
6. Requirements for naturalization
   A non-South Sudanese may acquire the nationality of South Sudan by naturalization as shall be prescribed by law.

46. Duties of the Citizen

1. Duty to obey the constitution
   It shall be the duty of every citizen to uphold and abide by this Constitution and respect the laws of South Sudan.
2. Every citizen shall in particular:
   1. Duty to serve in the military
      defend the country and respond to the call for national service in accordance with the provisions of this Constitution and the law;
   2. Reference to fraternity/solidarity
      promote peace, harmony, unity, fraternity and tolerance among all people of South Sudan in order to transcend ethnic, religious, geographical and political divisions;
   3. preserve and protect public funds and assets and respect legal and financial obligations;
   4. prevent and combat corruption and sabotage;
   5. participate in the development of South Sudan;
   6. abide by the law and co-operate with the appropriate agencies in the maintenance of law and order;
   7. Protection of environment
      protect the environment and conserve natural resources;
   8. be guided and informed in all actions by the interests of the nation and the principles enshrined in this Constitution;
   9. promote democracy, good governance and the rule of law; and
   10. respect the rights and freedoms of others.

47. Levels of Government

48. Devolution of Powers

1. The following principles shall guide the devolution and exercise of powers:
   1. affirmation of the need for norms and standards of governance and administration at the state and local government levels that reflect the unity of the people of South Sudan while recognizing their diversity;
   2. acknowledgement of the roles of the National Government and the states in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms;
   3. recognition of the need for the involvement and participation of all people of South Sudan at all levels of government as an expression of unity; and
   4. 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 National Government shall:
   1. exercise its competences in accordance with this Constitution and the law; and
   2. respect the powers devolved to the states and local governments.

49. Inter-Governmental Linkages

1. In the administration of the decentralized system of governance, the following principles of inter-governmental linkages shall be observed:
   1. the linkage between the National Government and the local government shall be through the government of the relevant state;
   2. in their relationships with each other or with other government organs, all levels of government shall observe the following:
      1. respect each other’s powers and competences; and
      2. collaborate in the task of governing and assist each other in fulfilling their respective constitutional obligations;
   3. government organs at all levels shall perform their functions and exercise their powers so as:
      1. not to encroach on or assume powers or functions conferred upon any other level except as provided for in this Constitution;
      2. to promote co-operation by rendering assistance and support to other levels of government;
      3. to promote communication and coordination between all levels of government;
      4. to adhere to procedures of inter-governmental interaction and comity;
      5. to respect the status and institutions of other levels of government; and
      6. to promote amicable settlement of disputes before resorting to litigation;
   4. 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 may agree on mechanisms or arrangements to enhance inter-state co-ordination and co-operation.

54. Establishment and Composition of the National Legislature

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

55. Competences of the National Legislature

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

56. Composition of the National Legislative Assembly

1. Size of first chamber, First chamber selection
   Notwithstanding the provisions of Article (1) above, during the transitional period the National Assembly shall consist of:
   1. all members of the Southern Sudan Legislative Assembly;
   2. all ninety six South Sudanese who were members of the National Assembly of the Republic of Sudan, by virtue of their membership in that Assembly; and
   3. such additional number of members appointed by the President not exceeding sixty-six (66).
2. Eligibility for cabinet
   Members of the Council of Ministers who are not members of the National Legislative Assembly shall participate in the deliberations of the Assembly but shall not have the right to vote.

57. Powers and Functions of the National Legislative Assembly

58. Composition of the Council of States

59. Competences of the Council of States

60. Rules of the National Legislature

61. Seat of the National Legislature

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

62. Eligibility for Membership

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

63. Loss of Membership of the National Legislature

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

64. By-elections

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

65. Oath of a Member of the National Legislature

66. Term of the National Legislature

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

67. Immunity of Members of the National Legislature

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

68. Sessions of the National Legislature

1. The National Legislature shall hold its first sitting upon convocation by the President within thirty (30) days following the transformation of the Southern Sudan Legislative Assembly into the National Legislative Assembly and the establishment of the Council of States in accordance with provisions of Article 56 (2) and 58 herein.

2

1. The sittings of the National Legislative Assembly shall be chaired by the incumbent Speaker of the transformed Southern Sudan Legislative Assembly.
2. The first sitting of the Council of States shall be chaired by the eldest of the members present and elect its Speaker and Deputy Speaker among its members.
2. Length of legislative sessions
   Without prejudice to Article 101 (g) herein, each House shall determine the dates of commencement and closure of its sessions.
3. Extraordinary legislative sessions
   The National Legislature or each House may convene an emergency or extraordinary session on the request of half of its members or upon a call from the President.

69. Officers of the National Legislature

1. Leader of first chamber
   The National Legislative Assembly shall elect a Speaker and two Deputies from among its members at the first sitting.
2. Leader of second chamber
   The Council of States shall elect a Speaker and one Deputy from among its members at the first sitting.
3. Leader of second chamber, Leader of first chamber
   The Speaker of each House shall preside over sittings of that House, control order and supervise the administrative affairs thereof. He or she shall represent the House in and outside South Sudan.
4. Legislative committees
   Each House shall elect chairpersons and deputy chairpersons of the specialized committees and members of ad hoc committees as may be determined by its Conduct of Business Regulations.
5. The Speaker of each House shall appoint a Clerk for the respective House in accordance with the Conduct of Business Regulations.
6. The Clerk of each House shall be responsible for preparing the sessions of the respective House and running of its administrative affairs under the supervision of the Speaker of that House.
7. Each House shall consider broad inclusiveness in the election and apportionment of its officers and staff.

8

1. Notwithstanding the provision of Article 69 above, the present administration of the Southern Sudan Legislative Assembly shall continue during the Transitional period in accordance with Article 94 (1).
2. The transformed National Legislative Assembly shall create vacancies for the members joining it as will be determined by its Conduct of Business Regulations 2010.
8. The Council of States shall elect its officers in accordance with its Conduct of Business Regulations during the transitional period.

70. Emoluments of Members of the National Legislature

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

71. Minority Leaders

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

72. Committees of the National Legislature

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

73. Regulations of the National Legislature

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

74. Quorum

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

75. Publicity of Sittings of the National Legislature

76. Passing Legislative Resolutions

77. Privileges of Members of the National Legislature

78. Address by the President

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

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

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

81. Request of Statements

82. General Summons

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

83. Tabling of Bills

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

84. Procedures for Presentation and Consideration of Bills

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

85. Assent of the President

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

86. Provisional Orders

1. In case the National Legislature is not in session, the President may, on an urgent matter, issue a provisional order having the force of law.
2. The provisional order shall be submitted to the appropriate House of the National Legislature as soon as it is convened.
3. Where the National Legislature ratifies the provisional order as it is, it shall be promulgated as law, but where the same is rejected by either House, or where the session ends without it being ratified, the provisional order shall lapse with no retrospective effect.
4. A bill on the same subject matter may again be re-introduced before the National Legislature and be considered under the normal procedure for consideration of bills.
5. Notwithstanding sub-Article (1) above, the President shall not make any provisional order on matters affecting the Bill of Rights, the decentralized system of government, general elections, annual allocation of resources and financial revenue, penal legislation or alteration of administrative boundaries of the states.
6. 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.
7. Treaty ratification
   The National Legislative Assembly may delegate to the President the power to approve bilateral international and regional agreements while the National Legislative Assembly is not in session; however, such agreements shall be subject to subsequent approval by the National Legislative Assembly and shall be deposited before it as soon as it is convened.

87. Bills Pertaining to Allocation of Resources and Revenues

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

88. General Budget Proposal, Estimates and Related Bills

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

89. Private Member Financial Bill

1. No member of the National Legislative Assembly, outside the context of the deliberations of the draft general budget, shall introduce any financial bill or move any amendment to a bill having the object or effect of abolishing, imposing or increasing any tax or imposing any charge upon the public revenue or reserves, save with the prior consent of the National Council of Ministers.
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.

90. Provisional and Supplementary Financial Measures

1. Tax bills, Head of state decree power
   Notwithstanding the provisions of Article 86 (5) herein, the President may in the public interest, make a presidential order having the force of law, providing that the imposition of any tax, or fee or the amendment thereof shall come into force, pending submission of a bill requiring the same to the National Legislative Assembly.
2. Tax bills, Head of state decree power
   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.
3. Budget bills, Spending bills
   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.
4. Budget bills, Spending bills
   Whenever new circumstances occur or a matter of public concern proves not to have been satisfactorily addressed by the general budget, the President may during the financial year cause to be submitted to the National Legislative Assembly, a financial bill, a supplementary appropriation or an allocation from the reserve funds, to which the same provisions set out in respect of the general budget bill shall apply.
5. Without prejudice to the provisions of Article 88 (3), (4) and (5) herein, the following expenditures shall be paid out of the consolidated reserve funds:
   1. emoluments of the President;
   2. expenses of the State House;
   3. budget of the Judiciary;
   4. National Government contractual financial obligations;
   5. repayment of National Government external debts under any loan agreement;
   6. payment of any money the National Government is required to pay under a court order arising out of any litigation or as a result of an arbitration award or any other settlement having similar legal effect; and
   7. any other expenses as shall be regulated by law.

91. Final Accounts

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

92. Delegation of Powers of Subsidiary Legislation

93. Validity of the Proceedings of the National Legislature

94

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

95. Establishment and Composition of the Executive

96. Powers and Competences of the Executive

97. The President

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

98. Eligibility for the Office of the President

99. Oath of the President

100. Tenure of the Office of the President

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

101. Functions of the President

102. Vacancy of Office of the President

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

103. Immunity and Impeachment of the President

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

104. Appointment and Removal of the Vice President

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

105. Functions of the Vice President

106. Vacancy of Office of the Vice President

107. Presidential Advisors

1. The President may appoint a limited number of Presidential Advisors and shall define their functions.
2. Oaths to abide by constitution, God or other deities
   To assume office, a Presidential Advisor shall, before the President, take the following oath:

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

108. Establishment and Composition of the Council of Ministers

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

109. Competences of the Council of Ministers

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

110. Functions of the Council of Ministers

111. Confidentiality of Deliberations of the Council of Ministers

112. Appointment and Removal of Ministers

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

113. Oath of a Minister

114. Functions of a Minister

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

115. Collective and Individual Responsibility of Ministers

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

116. Contesting Ministerial Acts

117. Appointment, Removal and Functions of Deputy Ministers

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

118. Vote of No Confidence Against a Minister

1. The National Legislative Assembly may, by a resolution supported by a two- thirds majority of all its members pass a vote of no confidence against a Minister.
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.
3. Proceedings for a vote of no confidence against a Minister shall be regulated by the Conduct of Business Regulations of the Assembly.

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

120. Declaration of Wealth and Prohibition of Private Business

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

121. Emoluments and Remuneration

138. Civil Service

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

139. Basic Values and Guidelines for Civil Service

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

140. The Civil Service Commission

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

141. Employees Justice Chamber

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

142

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

143. Establishment of the Anti-Corruption Commission

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

144. Functions of the Commission

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

145. Establishment of the Human Rights Commission

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

146. Functions of the Commission

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

147

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

148

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

149

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

150

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

151. Composition, Status, Mission and Duties

1. The Sudan People’s Liberation Army shall constitute the national armed forces of the Republic of South Sudan.
2. The Sudan People’s Liberation Army shall be transformed into the South Sudan Armed Forces, and shall be non-partisan, national in character, patriotic, regular, professional, disciplined, productive and subordinate to the civilian authority as established under this Constitution and the law.
3. No person or persons shall raise any armed or paramilitary force in South Sudan except in accordance with this Constitution and the law.
4. The mission of the national armed forces, in addition to its other national duties, shall be to:
   1. uphold this Constitution;
   2. defend the sovereignty of the country;
   3. protect the people of South Sudan;
   4. secure the territorial integrity of South Sudan;
   5. defend South Sudan against external threats and aggression; and
   6. be involved in addressing any emergencies, participate in reconstruction activities, and assist in disaster management and relief in accordance with this Constitution and the law.
5. The law shall stipulate the conditions in which the civilian authority may resort to the engagement of the armed forces in missions of non-military nature.
6. The national armed forces shall respect and abide by the rule of law and respect the will of the people, the civilian authority, democracy, basic human rights and fundamental freedoms.
7. The national armed forces shall not have any internal law and order mandate except as may be requested by the civilian authority when necessity so requires.
8. Establishment of military courts
   Military service, Military Courts and military legal services shall be regulated by law.

152. Code of Conduct for the Armed Forces

153. Command and Control

1. Designation of commander in chief
   The President of the Republic of South Sudan shall be the Commander-in-Chief of the national armed forces.
2. Selection of active-duty commanders
   The Commander-in-Chief shall commission, promote, retire or dismiss officers of the national armed forces according to the law.
3. The structure, command, control and terms and conditions of service of the national armed forces shall be prescribed by law.

154. Command Council

1. There shall be established a consultative body which shall be known as the National Armed Forces Command Council.
2. The composition, functions and duties of the Command Council shall be prescribed by law.

155. The Police Service

1. There shall be a police service to be known as the National Police Service which shall be a decentralized professional service.
2. The mission of the Police Service shall be to:
   1. prevent, combat and investigate crime, maintain law and public order, protect the people and their properties; and
   2. uphold and enforce this Constitution and the law.
3. The Police Service shall be organized at the National and state levels; its organization, structure, functions, powers, terms and conditions of service shall be regulated by law.
4. The Police Service shall be headed by an Inspector-General of Police appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.
5. The national Police Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of police officers throughout South Sudan.
6. The Police of South 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 authority, democracy, human rights, fundamental freedoms and execute judicial orders.
7. The Police at the National level and their counterparts at the state level shall coordinate, cooperate and assist each other in the discharge of their functions and duties, and to that end, shall recommend, through their respective authorities to the President of South Sudan the establishment of such necessary mechanisms.

156. The Prisons Service

1. There shall be a prisons service to be known as the National Prisons Service and it shall be a decentralized professional service.
2. The mission of the Prisons Service shall be correctional, reformative and rehabilitative. It shall respect the will of the people, the rule of law and order, civilian authority, democracy, human rights and fundamental freedoms.
3. The Prisons Service shall be organized at the National and the state levels.
4. The Prisons Service shall be headed by a Director-General appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.
5. The national Prisons Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of prison officers throughout South Sudan.
6. The functions of Prisons Service shall, inter alia, be to manage, operate and maintain the prisons of South Sudan, and to administer the internment and care for the health and general welfare of prisoners and inmates.
7. Prohibition of cruel treatment
   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.
8. Organization, powers, terms and conditions of service of the Prisons Service shall be prescribed by law.

157. The Wildlife Service

1. There shall be established a wildlife service to be known as the National Wildlife Service and it shall be a decentralized professional service.
2. The mission of the Wildlife Service shall be to protect the wildlife and to preserve and conserve the natural habitat of flora and fauna of South Sudan.
3. The Wildlife Service shall be organized at the National and the state levels.
4. The Wildlife Service shall be headed by a Director-General of Wildlife appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.
5. The national Wildlife Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of wildlife officers throughout South Sudan.
6. The Wildlife Service shall coordinate and cooperate with the local communities on the protection and management of wildlife within their areas.
7. The Wildlife Service shall act in accordance with this Constitution and the following guiding principles:
   1. the conservation and protection of the natural ecosystems, bio-diversity and endangered species shall be the primary consideration in carrying out its duties;
   2. consistent with the provisions of this Constitution and the law, the Wildlife Service shall manage wildlife resources in a manner that will ensure the protection of human life; and
   3. International law
      wildlife shall be protected and managed in accordance with the international standards and obligations.
8. The Wildlife Service shall respect the will of the people, the rule of law, civilian authority, democracy, human rights, fundamental freedoms and the protection of animals in accordance with the law.
9. The organization, functions, powers and terms and conditions of service of the Wildlife Service shall be regulated by law.

158. The Fire Brigade Service

1. There shall be a fire brigade service to be known as the National Fire Brigade Service and it shall be a decentralized professional service.
2. The mission of the Fire Brigade Service shall be to prevent and protect the people of South Sudan and their property from fire and disasters.
3. The Fire Brigade Service shall be organized at all levels of government.
4. The Fire Brigade Service shall be headed by a Commissioner of Fire Brigade appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.
5. The national Fire Brigade Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of fire brigade officers throughout South Sudan.
6. The organization, functions and terms and conditions of service of the Fire Brigade Service shall be regulated by law.

159. Guiding Principles of National Security

160. National Security Service

1. There shall be established a security service which shall be known as the National Security Service.

2

1. The National Security Service shall have two operational organs, to be known as:
   1. the Internal Security Bureau; and
   2. the General Intelligence Bureau;
2. Advisory bodies to the head of state
   Each of the operational organs shall be headed by a Director-General appointed by the President with the approval of the Security Council upon the recommendation of the Minister in charge.
2. The two operational organs shall be under a Minister in the Office of the President who shall report to and be directly accountable to the President.
3. The National Security Service shall be charged with the internal and external security of the Country and its people.
4. The structures, mission, mandate, functions of the Service, and the terms and conditions of service of its personnel shall be prescribed by law.

161. National Security Council and Committees

1. There shall be established at the national level a National Security Council, the composition and functions of which shall be determined by law.
2. The National Security Council shall define the national security strategy based on the analysis of all threats to security of South Sudan.
3. There shall be established at the state and county levels security committees; their composition and functions shall be prescribed by law.

162. General Provisions

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

163. State Organs

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

164. State Legislative Assembly

1. The existing state legislatures shall be known as state Legislative Assemblies. They shall comprise of the current elected members.
2. National vs subnational laws
   Each state Legislative Assembly shall adopt a draft amended state constitution to become its state transitional constitution, provided that it shall be in conformity with this Constitution.
3. Each state Legislative Assembly shall have law-making competence in respect of the functional areas listed in Schedules B, C and D read together with Schedule E herein, and such other legislative competences as are conferred upon the state by this Constitution, the state constitution, and the law.

4

1. A state Legislative Assembly may, in accordance with the state transitional constitution, pass a vote of no confidence in the Governor by three quarters majority of all its members;
2. If the state Legislative Assembly passes a vote of no confidence as stated in paragraph (a) above, the President shall act upon such a vote in accordance with Article 101 (s) herein; and shall call a snap election;
3. If the Governor who was subjected to the vote of no-confidence is re- elected, the state legislature shall be deemed to have been dissolved. A new state legislature shall be elected within sixty days to complete the tenure of the dissolved legislature; and
4. A vote of no confidence in the Governor shall not be passed before he or she completes twelve months in office.

5

1. The term of a State Legislative Assembly shall be five years; and
2. Notwithstanding sub Article 5 (a) above, during the transitional period term of a State Legislative Assembly shall be four years from July 9, 2011.
4. Governors, members of state Legislative Assemblies and the state councils of ministers shall have such immunities as are provided by law.
5. Each state Legislative Assembly shall make its own Conduct of Business Regulations, establish its committees and elect its speaker and other officers.

165. State Executive

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

166. Local Government

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

167. Traditional Authority

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

168. Role of Traditional Authority

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

169

1. The National Government shall promote, support and encourage decentralized broad based and balanced and participatory economic development based on the principle of subsidiarity and devolution of governmental functions and powers to the appropriate levels where the people can best manage and direct their own affairs.
2. Equitable economic development shall be based, inter alia, 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 National Government shall promote and encourage the participation of the people in the formulation of its development policies and programmes.
4. International human rights treaties
   The National Government shall endeavour to build institutional, human, social and economic capacity, develop infrastructure and social services and raise the standard of public services to attain the Millennium Development Goals.
5. The sharing and allocation of resources and national wealth shall be based on the premise that all states, localities and communities are entitled to equitable development without discrimination as shall be regulated by law.
6. Equality regardless of religion, Equality regardless of gender, Human dignity, Right to reasonable standard of living, Equality regardless of political party, Equality regardless of language, Subsidiary unit government, Municipal government
   National wealth and other resources shall be allocated in a manner that will enable each level of government to discharge its legal and constitutional responsibilities and duties and ensure that the quality of life and dignity of all the people are promoted without discrimination on grounds of gender, religion, political affiliation, ethnicity, language or locality.
7. Municipal government, Subsidiary unit government
   The National Government shall fulfill its obligations to provide financial transfers to all levels of government, and shall, except as otherwise provided herein, apportion revenue equitably among the states and local governments as shall be determined by law.
8. Municipal government, Subsidiary unit government
   Revenue sharing shall reflect a commitment to devolution of powers and decentralization of decision-making in regard to development, service delivery and good 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 and tax incident on the citizens, private sector and investors.
10. No level of government shall unduly withhold any allocation or financial transfer due to another level of government. In case of dispute, any level of government, after attempting amicable solution, may initiate proceedings before the Supreme Court.

170. Land Ownership

1. All land in South Sudan is owned by the people of South Sudan and its usage shall be regulated by the government in accordance with the provisions of this Constitution and the law.
2. Protection from expropriation
   Notwithstanding sub-Article (1) above, and the provisions of Article 28 of this Constitution, the government at all levels, may expropriate land in the public interest as shall be prescribed by law.

171. Land Tenure

1. The regulation of land tenure, usage and exercise of rights thereon shall be governed by this Constitution and the law.
2. Without prejudice to sub-Article (4) below, the land tenure system in South Sudan shall consist of:
   1. public land;
   2. community land; and
   3. private land.
3. Public land shall include, but not be limited to:
   1. all land owned, held or otherwise acquired by any level of government as defined by law; and
   2. all land which is not otherwise classified as community or private.
4. Regardless of the classification of the land in question, rights over all subterranean and other natural resources throughout South Sudan, including petroleum and gas resources and solid minerals, shall belong to the National Government and shall be regulated by law.
5. Community land shall include all lands traditionally and historically held or used by local communities or their members. They shall be defined, held, managed and protected by law.
6. Private land shall include:
   1. registered land held by any person under leasehold tenure in accordance with the law;
   2. investment land acquired under lease from the Government or community for purposes of social and economic development in accordance with the law; and
   3. any other land designated as private land by law.
7. Rights in land and resources owned, held or otherwise acquired by the Government shall be exercised through the appropriate or designated level of government which shall recognize customary land rights under customary land law.
8. All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary rights and practices and local heritage.
9. Communities and persons enjoying rights in land shall be consulted in decisions that may affect their rights in lands and resources.
10. Protection from expropriation
    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 in their areas in the public interest.

172. Land Commission

1. There shall be established an independent commission to be known as the Land Commission, and it shall be composed of persons of proven competence, experience, integrity and impartiality.
2. The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by the President in accordance with this Constitution and the law.
3. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law.

173. Guiding Principles for Petroleum and Gas Development and Management

1. Ownership of natural resources
   Ownership of petroleum and gas shall be vested in the people of South Sudan and shall be developed and managed by the National Government on behalf of and for the benefit of the people.
2. Petroleum and gas development and management shall be guided by the following principles:
   1. safeguarding National interests;
   2. creating lasting benefits for society;
   3. promoting efficient and sustainable resource management;
   4. using oil revenues to develop other sectors of the economy, especially agriculture;
   5. ensuring transparency and accountability;
   6. promoting fair competition to increase productivity and efficiency in the petroleum and gas sector;
   7. promoting balanced and equitable development;
   8. creating a secure and healthy investment environment;
   9. Protection of environment
      protecting the environment and biodiversity;
   10. building the capacity of South Sudanese within the petroleum and gas sector;
   11. establishing oil infrastructure within South Sudan, such as pipelines, refineries, storage, processing and transport facilities;
   12. safeguarding interests of future generations;
   13. Protection of environment
       ensuring accountability for violations of human rights and degradation to the environment caused by petroleum and gas-related operations; and
   14. ensuring restoration of land and resources affected by development and management.

174. National Petroleum and Gas Commission

1. A National Petroleum and Gas Commission shall be established as a policy- making body with respect to petroleum and gas resources as shall be regulated by law.
2. The National Petroleum and Gas Commission shall report to the President and the National Legislative Assembly and Council of States.
3. The National Petroleum and Gas Commission shall consist of relevant national Ministries, other relevant institutions, and representatives of oil producing states appointed by the President in accordance with the law.
4. The Chairperson, Deputy Chairperson and members of the Commission shall be appointed by the President with the approval of the National Legislative Assembly.
5. The Structure, Composition, Functions, powers, terms and conditions of service of the chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law.

175. Ministry in Charge of Petroleum and Gas

1. The Ministry in charge of petroleum and gas shall be the policy implementing body of the Government with respect to petroleum affairs. It shall act in accordance with this Constitution and the law.
2. The functions of the Ministry shall include:
   1. negotiating all oil contracts for the exploration and development of oil and ensuring that they are consistent with its principles, policies and guidelines;
   2. initiating legislation, rules, and regulations regarding the petroleum and gas sector;
   3. managing the relations of the Government with petroleum and gas companies operating in South Sudan;
   4. formulating strategies and programmes for the development and management of the petroleum and gas sector;
   5. developing the necessary technical cadres for the petroleum and gas sector;
   6. Protection of environment
      in consultation with affected communities, ensuring that all petroleum and gas projects be subjected to environmental and social impact assessment; and
   7. signing contracts on behalf of the Government upon the approval of the National Petroleum and Gas Commission.

176. National Petroleum and Gas Corporation

177. Sources of Revenue for the National Government

1. there shall be established a National Revenue Authority. Its structure, composition and functions shall be regulated by law.
2. The National Government shall legislate for raising revenue or collecting taxes from the following sources:
   1. petroleum, Gas/oil, mineral, and other natural resources;
   2. national personal income tax;
   3. corporate and business profit tax;
   4. customs duties and import taxes;
   5. airports, rail, road, and river transport revenue;
   6. service charges, fees and fines;
   7. national government enterprises and projects;
   8. value added tax or general sales tax on goods and services;
   9. excise duties;
   10. loans and borrowing from the Bank of South Sudan and the public;
   11. grants-in-aid and foreign financial assistance;
   12. fees from nationality, passports, immigration and visas;
   13. royalties; and
   14. any other tax or revenue as may be determined by law.

178. National Oil Revenue

1. Municipal government, Subsidiary unit government
   The National Government oil revenue shall derive from the net oil revenue after payment to the Oil Revenue Stabilization Account. The two percent payable to the oil producing states shall be increased to five percent and shall be allocated as follows:
   1. Two percent shall be allocated to the states; and
   2. Three percent to the communities,

   The above allocations shall be regulated by law.

2. An Oil Revenue Stabilization Account shall be established from government oil net revenue derived from actual export sales above an agreed benchmark price. The benchmark price will be established annually as part of the national budget.
3. The National Government shall establish a Future Generation Fund from its share of net oil revenue.

179. Sources of Revenue of the States

180. National Revenue Fund

1. All revenue collected for or by the National Government shall be pooled in a National Revenue Fund administered by the Ministry of Finance. Such Fund shall embrace all accounts and sub-funds into which monies due to the National Government are collected, deposited and reported.
2. All the revenue and expenditure of each level of government shall be on- budget operations and made public as the case may be.
3. Any withdrawals from the National Revenue Fund shall not be made except in accordance with the law.
4. The criteria and conditions for allocation of revenue to the states shall be determined by law.

181. Fiscal and Financial Allocation and Monitoring Commission

1. There shall be established an independent commission to be known as the Fiscal and Financial Allocation and Monitoring Commission, to ensure transparency and fairness in regard to the allocation of funds collected at the level of the National Government to the states and local governments.
2. The Commission shall undertake the following duties and responsibilities:
   1. recommend criteria for allocation of National revenue to the state and local government levels;
   2. ensure and monitor that grants from the National Revenue Fund are promptly transferred to the respective levels of government;
   3. guarantee appropriate sharing and utilization of financial resources at the state and local government levels;
   4. safeguard transparency and fairness in the allocation of funds to the state and local government levels;
   5. monitor allocation and utilization of grants to and by the state and local government levels; and
   6. perform any other function as may be prescribed by law.
3. The Commission shall submit a quarterly report to the President and the National Legislative Assembly and the Council of States about its performance, and the President shall take appropriate remedial action to resolve any problems affecting the work of the Commission.
4. The President shall appoint the Chairperson, Deputy Chairperson, and Members of the Commission.
5. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law.

182. Establishment of the Bank of South Sudan

1. There shall be established a central bank in South Sudan to be known as the Bank of South Sudan to provide for banking services in accordance with this Constitution and the law. The Bank shall be an independent corporate legal entity.
2. The Bank of South Sudan shall be responsible for the formulation, conduct and implementation of monetary policy.
3. The Bank of South Sudan shall use the market-based banking instruments developed by the Bank to regulate and supervise the implementation of the national monetary policy in South Sudan in relation to the following:
   1. formulating monetary policy;
   2. issuing currency;
   3. promoting and maintaining price stability;
   4. maintaining a stable exchange rate;
   5. maintaining sound, effective and efficient banking and credit system;
   6. chartering and supervising financial institutions in South Sudan; and
   7. performing any other function as may be prescribed by law.
4. The Bank of South Sudan shall be independent in the performance of its functions and the exercise of its powers.
5. All financial institutions shall be subject to rules and regulations set by the Bank of South Sudan as well as to internationally recognised regulatory and prudential standards for finance.
6. All financial institutions shall be bound to implement monetary policies set by the Bank of South Sudan.
7. The Bank of South Sudan shall be headed by a Governor and assisted by two Deputy Governors, appointed by the President and approved by two-third majority of members of the National Legislative Assembly present and voting.
8. The Governor of the Bank of South Sudan shall appoint other senior officers within the Bank of South Sudan in consultation with the Board of Directors and in accordance with the law.
9. There shall be established a Board of Directors for the Bank of South Sudan appointed by the President. It shall consist of nine members as follows:
   1. Governor of the Bank of South Sudan, Chairperson;
   2. two Deputies of the Governor, members; and
   3. six non-executive, highly qualified, competent and experienced South Sudanese who are not employees of the Bank, members.
10. The Board of Directors shall be the highest policy-making body of the Bank and shall be responsible to the President.
11. Decisions of Board of Directors on matters that may affect adversely the interests of the clientele shall be by consensus.
12. The tenure and terms and conditions of service of the Governor, Deputy Governors, members of the Board of Directors and other officials of the Bank shall be prescribed by law.

183. Circulating Currencies in South Sudan

1. The Bank of South Sudan shall have the exclusive right to issue a currency to be the legal tender of South Sudan, the design of which shall reflect the historical and cultural diversity of the country.
2. Until a new currency is issued on the recommendation of the Bank of South Sudan, the circulating currency in South Sudan shall be recognized as a legal tender.

184. Borrowing

1. Subsidiary unit government
   The National and state governments may borrow money from foreign sources depending on their respective credit worthiness.
2. Foreign borrowing by the governments of 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 National and state governments shall conform to the specifications of the Bank of South Sudan.
3. The National and state governments shall report financial and fiscal data relating to such loans to the Bank of South Sudan for statistical purposes.

185. Accounting Procedures, Standards and Fiscal Accountability

1. All levels of government shall comply with the established and 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 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 shall be regulated by law.

186. National Audit Chamber

1. There shall be established an independent institution to be known as the National Audit Chamber, consisting of persons of proven professional competence, experience, integrity and impartiality.
2. The National Audit Chamber shall set auditing standards for the whole country and supervise the financial performance of all levels of government, including revenue collection and expenditure, in accordance with the budgets approved by their respective legislatures.
3. Head of state powers
   The President, with the approval of a two-third majority of all members of the National Legislative Assembly, shall appoint from qualified professionals the National Auditor General who shall be the head of the National Audit Chamber.
4. Oaths to abide by constitution
   To assume office, the National Auditor General shall take oath before the President.
5. The office of the National Auditor General shall fall vacant under the following circumstances:
   1. removal from office by the President on the following grounds:
      1. serious violations of the Constitution or any other law;
      2. gross misconduct, whether in performance of his or her office functions or otherwise;
      3. physical and mental incapacity to perform the functions of office;
      4. incompetence or inefficiency; and
      5. bankruptcy;
   2. resignation;
   3. by a resolution of two third majority of Members of National Legislative Assembly present and voting; or
   4. death.
6. The National Auditor General shall be accountable to the President for the performance of the Chamber.
7. The National Audit Chamber shall assume auditing of the accounts of the National, state and local government levels, independent commissions, public institutions and corporations and any other institutions as may be determined by law.
8. The National Auditor General shall present an annual report to the President and the National Legislative Assembly or the Council of States, as the case may be.
9. The National Auditor General and senior officials of the National Audit Chamber shall be prohibited from engaging in all businesses in which constitutional office holders are not allowed to engage, pursuant to Article 120 (2) of this Constitution.
10. The law shall organize the National Audit Chamber and shall specify the tenure, functions, and terms and conditions of service of the National Auditor General and the employees of the Chamber.

187. Interstate Trade and Commerce

1. Free interstate trade and commerce are guaranteed by this Constitution. No legislation or level of government shall impede interstate commerce, the flow of goods and services, capital or labour between the states and local governments.
2. There shall be no levies, taxes or fees or any other charges on interstate trade and commerce.

188. Government Liabilities and Assets

1. Any debt or liability incurred by any level of government shall be the responsibility of that level of government.
2. There shall be a fair and equitable division of government assets. 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.
3. 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.

193. The National Bureau of Statistics

1. There shall be a National Bureau of Statistics.
2. The National Bureau of Statistics shall be an independent statistics bureau authorized, inter alia, to:
   1. collect, compile, analyze and publish all official statistical information on economic, social, demographic, environmental and general activities and conditions of the people of South Sudan;
   2. conduct all censuses and surveys that are carried out throughout South Sudan;
   3. monitor and evaluate social impacts of public policies, projects and programmes; and
   4. International human rights treaties
      monitor the progress of poverty alleviation and the attainment of the Millennium Development Goals.
3. The President shall appoint a Board of Directors and the Director-General of the Bureau. The Board shall be the highest policy-making body of the National Bureau of Statistics; it shall formulate policies and set its internal regulations, priorities, standards and criteria for all the censuses and surveys to be carried out in South Sudan.
4. The organization, structure and powers of the Bureau, and terms and conditions of service of its personnel shall be regulated by law.

194. Population Census

195

1. Joint meetings of legislative chambers
   Pursuant to Schedule A (30) herein, the President, or the National Legislature, through a resolution passed by more than half of all its members, may refer for a referendum any matter of public interest.
2. Any matter submitted for a referendum shall be deemed to have been approved by the people of South Sudan if it has obtained more than half of the number of votes cast.
3. Any matter which has been approved by the people of South Sudan in a referendum shall have authority above any legislation. It shall not be annulled save by another referendum.

196. Running for Elections

197. The National Elections Commission

1. There shall be established within one month after enactment of the National Election Law, an Independent Commission which shall be known as the National Elections Commission.
2. There shall be enacted a National Elections Law within three months following the adoption of this Constitution.
3. The Chairperson, Deputy Chairperson, and Members of the Commission shall be persons of proven integrity, competence, non-partisan and impartial, and shall be appointed by the President in accordance with the provisions of this Constitution and the law.
4. The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law.

201

1. Upon the Declaration of Independence and statehood of the Republic of South Sudan, on July 9, 2011, the President of the Government of Southern Sudan shall:
   1. assent to and sign into law the amended Interim Constitution of Southern Sudan, 2005, after its adoption by the Southern Sudan Legislative Assembly, which shall thereafter be known as the Transitional Constitution of the Republic of South Sudan, 2011;
   2. be sworn in as the President of the Republic of South Sudan in the same ceremony;
   3. establish the Council of States in accordance with the provisions of Article 94 (3) of this Constitution; and
   4. convene the National Legislature in accordance with the provisions of this Constitution.
2. This Constitution shall remain in force until the adoption of a permanent constitution.

202. National Constitutional Review Commission

1. There shall be established by the President of the Republic a Commission to be known as National Constitutional Review Commission within six months from coming into force of this constitution.
2. The President of the Republic shall, after consultation with the Political Parties, Civil Society and other stakeholders appoint the Chairperson, Deputy Chairperson and members of the Commission.
3. The term of reference of the Commissions, its procedures shall be detailed out in the instrument of the appointment.
4. The Commission shall submit its report to the President after one year of its establishment.
5. The Commission shall be established with due regard for gender, political, social and regional diversity of South Sudan in recognition of the need for inclusiveness, transparency and equitable participation. Each member of the Commission shall have the requisite competence and technical expertise and experience to contribute to fulfilling the mandate of the Commission.
6. The Commission shall review the Transitional Constitution and collect views and suggestions from all the stakeholders including any changes that may need to be introduced to the current system of governance.
7. The Commission may seek the assistance of other experts.
8. The Commission shall conduct a nation-wide public information programme and civic education on constitutional issues.
9. The Commission shall adopt its own rules of procedure.
10. The Commission shall adopt and present the Draft Constitutional Text and an Explanatory Report to the President one year after its formation.
11. The President after receiving the Draft Constitutional Text and the Explanatory Report shall present the same to the Constitutional Conference as established below for deliberation.

203. National Constitutional Conference

1. Upon the presentation of the Draft Constitutional Text and Explanatory Report by the Commission, the President of the Republic shall, after consultation with relevant stakeholders, constitute and convene a National Constitutional Conference comprising delegates representing the following categories:
   1. Political Parties;
   2. civil society organizations;
   3. women organizations;
   4. youth organizations;
   5. faith-based organizations;
   6. people with special needs;
   7. Traditional Leaders;
   8. war widows, veterans and war wounded;
   9. business leaders;
   10. trade unions;
   11. professional associations;
   12. the academia; and
   13. other categories to be determined.
2. Each of the categories in sub-Article (1) above shall nominate its delegates and present them to the President for appointment to the National Constitutional Conference.
3. The National Constitutional Conference shall:
   1. formulate its rules of procedure;
   2. deliberate on the Draft Constitutional Text;
   3. keep the public informed of its proceedings which shall be conducted in a transparent manner and open to the media; and
   4. approve and pass the Draft Constitutional Text by simple majority of all the delegates.
   5. submit the Draft Constitutional Text to the President within six months.
4. A Judge of the Supreme Court of South Sudan shall be the Chairperson of the National Constitutional Conference. The Conference shall have a Secretariat.
5. The National Constitutional Conference shall commence its work as soon as it receives the Draft Constitutional Text and the Explanatory Report from the President.
6. The National Constitutional Conference shall approve the Draft Constitutional Text and the Explanatory Report and the Conference shall thereafter be considered dissolved.
7. The President shall, upon receipt of the Draft Constitutional Text, cause the same to be tabled before the National Legislature, at least one year before the end of the Transitional Period, for deliberation and adoption within three months.
8. The Speaker of the National Legislature shall thereafter present the adopted Constitution to the President for assent and signature.