Been reading
the 2008 splm constitution to see what alternative mechanisms riek and company
could have chosen. Let’s see...
Within the SPLM
1. remove
the chairperson;
“The Chairperson may be removed by the NC in an
extraordinary session convened on the request of at least two thirds (2/3) of
members of the NLC for violation of this Constitution or gross misconduct
provided that the resolution for the removal of the Chairperson shall be
carried by three quarters (¾) of all members of the National Convention.” The opportune moment was at this December
meeting
all they needed was to obtain 2/3rds support from this
group;
“The NLC shall comprise of not more than 275 members;
provided that women are represented by at least twenty five percent (25%).”
2. If the issue was the show-of-hands
voting, there is this option;
“Voting in the National Convention shall be by show of
hands. However secret ballot may be adopted whenever demanded by at
least one third of the Delegates. ”
3. If the December meeting was
inconvenient
they could also have later called for an extraordinary
meeting;
“The National Liberation Council shall be convened once a
year in a regular session and may be convened in extraordinary sessions
whenever deemed necessary by the Chairperson, PB or on the written request by
at least one quarter (1/4) of its members.”
Within the Parliament.
Lets see
what the 2011 transitional constitution of the republic of south sudan states:
Immunity and Impeachment of
the President
103. (1) 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) 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.
Contesting Acts of the
President
104. Any person aggrieved by an
act of the President may contest such act before:
(a) the Supreme Court, if the
alleged act involves a violation of this Constitution, a state constitution,
the Bill of Rights, or the decentralized system of government; or
(b) any other competent court
of law, if the allegation is based on any other legal grounds.
