WBGS Constitution Endorsed But With Controversial Clauses

This article was last updated on April 16, 2022

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The Western Bahr el Ghazal State (WBGS) Legislative Assembly last Friday passed the State constitution with disagreements on 3 controversial Clauses.

Out of the 48 members, 41 were in session which is above the required quorum during the passing of the constitution including the Assembly Speaker, Mr. Andrea Mayar Acho.

20 members voted in favour of the constitution but demanded that the 3 main controversial articles should be reviewed; while 14 members voted for the passing of the three articles as they are.

6 members failed to vote in favour of the important State document; the House Speaker granted the decision to deliberate on the three controversial articles.

Abraham Dimo Cirillo representing Mapel constituency number 18 failed to vote because the constitution belongs to all the State citizens hence cannot be passed with the errors which need careful deliberations.     

The controversial articles

Article 64 (2) reads, “the first sitting shall be chaired by the incumbent speaker of the transformed State Legislative Assembly.”

Mr. Abraham Dimo described article 64 (2) as adopted from the national constitution which says “the existing State Legislature shall be known as State Legislative Assembly. They shall comprise of the current elected members.

Secondly, Article 65 (6) which also indicate that, “notwithstanding the above, the current leadership of the State Legislative Assembly shall maintain their positions in accordance with the internal rules procedures and regulations for the conduct of its business.”

Thirdly, Article 121 (1) was the most contentious article opposed by many members; the article states that “the State shall establish a Commission to be known as the State Civil Services Commission, the Commissioner shall be appointed by the State Governor.”

They demanded that the Commissioner should not be appointed by the Governor but his appointment need to be determined by law.

Abraham Dimo Cirillo reminded the members that, “the Assembly is one because when you put a clause into the constitution that reads -the appointment of the Commissioner is to be determined by the law, is just like saying -the appointment is being made by the Governor.”

Dimo also said that, “the law is made and passed by parliament and the executive which is headed by the Governor who in turn implements the law. This means that any law enacted by parliament is implemented by the executive headed by the Governor.”

According to article 121 (1), the State Assembly has accepted the establishment of the State Civil Service Commission, no matter who will appoints the Commissioner.

Mr. Dimo also criticized the establishment of an independent HIV and AIDS Commission in the State constitution because it already exists as a national commission with offices in all States down to Counties and Boma levels.