THE INTERIM CONSTITUTION OF
ARRANGEMENT OF
PARTS, CHAPTERS AND ARTICLES
ARRANGEMENT OF ARTICLES
Part One
Chapter I
The Constitution
and
Article
Page
Preamble 1
1.
2. Sovereign Authority of the People of
3. Supremacy of the Constitution 2
4. Defence of the Constitution 3
5. Sources of Legislation 3
6. Language 3
7. Symbols 4
8. Religion in
Chapter II
9. Affirmation of the Right to Self-Determination 4
10.
11. The Referendum on Self-Determination 5
12. Assessment and Evaluation Commission 5
Part Two
Bill of Rights
13. Nature of the Bill of Rights 6
14. Sanctity of Rights and Freedom 6
15. Life and Human Dignity 6
16. Personal
17. Freedom from Slavery, Servitude and Forced Labour 7
18. Equality before the Law 7
19. Right to Found a Family 7
20. Rights of Women 7
21. Rights of the Child 8
22. Freedom from Torture 8
23. Fair Trial 8
24. Right to Litigation 9
25. Restriction on Death Penalty 9
26. Privacy 9
27. Religious Rights 9
28. Freedom of Expression and Media 10
29. Freedom of Assembly and Association 10
30. Right to Participation and Vote 11
31. Freedom of Movement and residence 11
32. Right to Own Property 11
33. Right to Education 11
34. Rights of Persons with Special Needs and the Elderly 12
35. Public Health Care 12
36. Right of Access to Information 12
37. Rights of Ethnic and Cultural Communities 12
Part Three
Fundamental Objectives and Guiding Principles
Chapter I
Guiding
Objectives and Principles
38. Guiding Objectives and Principles 13
39. Political Objectives 13
40. Economic Objectives 14
41. Education, Science, Art and Culture 15
42. Family 15
43. Children, Youth and Sports 16
44. The Environment 16
45. Defence of
the
46. Regional Cooperation 17
47. Saving 17
Chapter II
Citizenship,
Rights and Duties
48. Citizenship and Rights 17
49. Duties of the Citizen 17
Chapter III
The
Decentralized System of Governance
50. Levels of
Government in
51. Devolution of Powers 18
52. Inter-Governmental Linkages 19
Part Four
The Government of
53.
Establishment of the Government of
54. Organs of
the Government of
55. Powers and
Competences of the Government of
56. Primary
Responsibilities of the Government of
Part Five
Chapter I
Establishment,
Composition, Powers and Functions of the
57.
Establishment of the
58. Composition of the Assembly 22
59. Powers and Functions of the Assembly 22
60. Seat of the Assembly 23
61. Eligibility for Membership 23
62. Loss of Membership of the Assembly 24
63. By-elections 24
64. Oath of the Assembly Member 25
65. Term of the Assembly 25
66. Determination on Objections Related to Membership 25
67. Immunity of Members of the Assembly 25
68. Sessions of the Assembly 26
69. Officers of the Assembly 26
70. Emoluments of Members of the Assembly 26
71. Leader of the Opposition 27
72. Committees of the Assembly 27
73. Regulations of the Assembly 27
74. Quorum 27
75. Publicity of Sittings of the Assembly 27
76. Passing Legislative Resolutions 28
77. Privileges of Members of the Assembly 28
78. Address by
the President of the Government of
79. Address by the Vice President and Statements by Ministers and Governors 28
80. Questions Addressed to Ministers by Members of the Assembly 28
81. Request Statements 28
82. General Summons 28
83. Tabling of Bills 29
84. Procedures for Presentation and Consideration of Bills 29
85. Assent of
the President of the Government of
86. Provisional Orders 30
87. Bills Pertaining to Allocation of Resources and Revenues 31
88. General Budget Proposals Estimates and Related Bills 31
89. Private Member Financial Bills 32
90. Provisional and Supplementary Financial Measures 32
91. Final Accounts 33
92. Delegation of Powers of Subsidiary Legislation 33
93. Validity of the Proceedings of the Assembly 33
Chapter II
94. Interim
Provisions for the
Part Six
The
Chapter I
The
95. Composition of the Executive 34
96. Powers and Competences of the Executive 34
Chapter II
The President of
the Government of
97. The president 34
98. Eligibility for the Office of the President 35
99. Nomination and Election of the President 35
100. Postponement of Election of the President 35
101. Oath of the President 36
102. Tenure of office of the President 36
103. Functions of the President 36
104. Vacancy of Office of the president 37
105. Immunity and Impeachment of the President and Vice President 37
106. Contesting Acts of the President 38
107. Appointment and Removal of the Vice President 39
108. Functions of the Vice President 39
109. Vacancy of office of the Vice President 40
110. Presidential Advisors 40
Chapter III
Interim
Provisions for the President of the Government of
111. The Office of the President and its Vacancy before Elections 40
Chapter IV
112. Establishment of the Council of Ministers 41
113. Composition and Competences of the Council of Ministers 41
114. Oath of a Minister 41
115. Functions of the Council of Ministers 42
116. Functions of a Minister 43
117. Appointment and Removal of Ministers 43
118. Collective and Individual Accountability of Ministers 44
119. Vacancy of the Office of a Minister 44
120. Vote of No Confidence against a Minister 44
121. Declaration of Wealth and Prohibition of Private Business 45
122. Emolument and Remuneration 45
123. Confidentiality of Deliberations of the Council of Ministers 45
124. Contesting Ministerial Acts 45
Chapter V
Interim
Provisions for the
125. Council of Ministers before Elections 46
Part Seven
The Judiciary of
126. The
Judiciary of
127. Establishment and Structure of the Judiciary 47
128.
129. Composition of the Supreme Court of Southern Sudan 48
130. Competences of the Supreme Court of Southern Sudan 48
131. Courts of Appeal 49
132. High Courts 49
133. County Courts and Other Courts 49
134.
135. Appointment
of Justices and Judges of
136. Discipline of Justices and Judges 50
137. Interim Provisions 50
Part Eight
Public Attorneys and Advocacy in
138. Public Attorneys and Legal Advisors 50
139. Interim Provisions 52
140. Advocacy in
Part Nine
The
Chapter I
The
141.
Establishment of
142. Basic Values and Guidelines for Civil Service 52
143. The
144. Powers and Functions of the Commission 54
145.
Chapter II
146. Independent Institutions and Commissions 55
Chapter III
147. Establishment of the Anti-Corruption Commission 55
148. Functions of the Commission 56
Chapter IV
149.
Establishment of the
150. Functions of the Commission 57
Chapter V
151. Southern
Chapter VI
152. Southern
Chapter
VII
153 Demobilisation, Disarmament and Re-integration Commission 59
Part Ten
Armed Forces, Law Enforcement Agencies and Security
Chapter I
Armed Forces in
154. Composition,
Status and
155. Code of Conduct for the Armed Forces 60
156. Joint/Integrated Units 60
157. Redeployment of the Armed Forces 60
Chapter II
The
158.
159. Command and Control 62
160. Funding 62
161. The Permanent Ceasefire 62
Chapter III
The Law Enforcement Agencies and Security Service in
162. The Police Service 63
163. The Prisons Service 63
164. The Wildlife Service 64
165. The Fire Brigade Service 65
166. The Security Service 65
Part Eleven
The States, Local Government, Traditional Authority
and Abyei Area
Chapter I
States of
167. General Provisions 65
168. State Organs 66
169. State Executive 66
170. State Legislative Assembly 67
171. State Judiciary 68
172. Interim Provisions for States 69
Chapter II
Local Government
173. Local Government 69
174. Traditional Authority 71
175. Role of Traditional Authorities 71
Chapter III
Abyei Area
176. Citizenship, Special Status and Referendum 71
177. Security Arrangements 72
Chapter IV
178. Linkages and Cooperation with the Neighbouring Northern States 72
Part Twelve
Finance and Economic Matters
Chapter I
179. Guiding Principles for Development and
Equitable Sharing of Common Wealth 72
Chapter II
Land and Natural Resources in
180. Regulation of Land and Natural Resources 74
181.
182. Cooperation
between National and Southern
Chapter III
183. Framework
for Petroleum Development and Management in
Chapter IV
Sources of Revenue in
184. Sources of
Revenue for the Government of
185. Oil Revenue
for the Government of
186. Sources of
Revenue of States in
Chapter V
Fiscal and Financial Institutions in
187.
188. Southern
Allocation and Monitoring Commission 79
189. Southern
Chapter VI
Banking in
190. Banking
System in
191.
Establishment of Bank of
192. Management of Foreign Exchange Resources 81
193. Borrowing 82
Chapter VII
Accounting Standards
194. Accounting Procedures, Standards and Fiscal Accountability 83
195.
Chapter VIII
196. Interstate Trade and Commerce 84
Chapter IX:
Transitional Provisions
for Finance and Banking
197 Circulating
Currencies in
198 Government Liabilities and Assets 84
Part Thirteen:
Natural Disasters
199. Natural Disasters 85
Part Fourteen:
Census and Elections
Chapter I:
Census and Statistics
200. The
201. Southern
Chapter II:
Elections in
202 Time of Elections in
203 Referenda in
204 Running for Elections in
Part Fifteen:
Interim and Miscellaneous Provisions
205 Coming into Force 87
206 Amendment of this Constitution 87
207 Incorporation of the Comprehensive Peace Agreement in this Constitution 88
208 Interim and Miscellaneous Provisions 88
SCHEDULES
Schedule (A):