House Team Says Trade Bill Is Unconstitutional

This article was last updated on May 25, 2022

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The bill was initially presented by the Budi County Sudan People’s Liberation Movement (SPLM) Member of Parliament, Arungole Rino Loremo Locelele.

After presentation, the Bill was briefly deliberated with questions and clarifications by House during its first reading last July but was later referred by the House to the Standing Specialized Committee of Economic Development, Finance and Public Accounts for detailed verification.

The bill provided for establishment, organization and governance of the trade at the state level to enable the state government oversee issues of trade and make necessary arrangement to protect the community from illegal trade.

While presenting the Committee’s report yesterday, the Committee Chair, Hon. Dominic Otwari Theodore, congratulated and appreciated efforts by Hon. Loremo for excellent work done to bring the Bill forward to the House for deliberations which could actually once endorsed can help enhancing economic growth of the state saying the Internal Trade Organization Bill 2013 will safeguard trade and boost state the revenues but lots of conflicting issues have arisen so far that need critical re-concentration.

He briefed the House while reading the Bill at its Second Reading yesterday in Torit that after perusal, the Committee noted that the powers of the State Assembly and assent by the state Governor in accordance with provisions in the State Transitional Constitution 2011 are not in place as has been put in the Bill.

The Committee argued that the ‘Internal Trade Organization Bill 2013’ has no number as all Bills according to the law supposed to be numbered accordingly and the title of the Bill is not in conformity with Article 143 of the State Transitional Constitution 2011.

The Committee has protested that repeal and savings of section two (II), need to be recast and rephrase with amendments apart from section III whose purpose is not well explained and the same applies to section IV where the authority of the Bill is not mentioned.

Interpretations and more terms in Section V are needed to be defined to suit the Bill.

The Committee also reported that the specific body to administer the agency is not mentioned in Chapter two while powers of the Minister in foreign Trade are is not in place.

Recommendations
Among the Committee’s 10 recommendations include that the number of the Bill must be given on its first page or covering page for future gazetting purposes while the Bill’s table of contents should be provided.

In Section one in page one, the Title of the Bill should be read as ‘Internal and Interstate Trade Bill 2013’ in accordance with the Transitional Constitution of EES 2011 Article 143 sub-article 1 & 2, the Committee recommends.

It also recommends that repeal and saving in section two should be read as follows; ‘Any provisions of existing legislation in the state which are governed by this Bill are hereby repealed, provided that all proceedings, orders and regulations taken or met shall remain in force until they are repealed or amended in accordance with the provisions of this Bill’.