South Sudan: Opinion Examines Governance by Decree, Constitutional Authority

In South Sudan, President Salva Kiir has issued numerous decrees that have effectively bypassed the country's parliament and institutions, raising concerns about governance and state failure.

The use of decrees in politics has created a power vacuum, where those in power can make decisions without accountability or transparency. This has led to a crisis of governance, where the rule of law is undermined and institutions are weakened. The continued reliance on decrees has also created two South Sudans: one for those in power, who see it as governance by decree, and another for ordinary citizens, who view it as the politics of decrees that is killing the state.

The legal significance of this development cannot be overstated. It highlights the need for a robust system of checks and balances to prevent the concentration of power and ensure accountability. The fact that decrees are being used to override parliament and institutions raises concerns about the rule of law and the protection of individual rights.

In South Sudan, the Constitution is the supreme law of the land, but it appears that decrees have become the de facto governing instrument. This has significant implications for the country's development and stability. The use of decrees to appoint and dismiss governors, ministers, and other officials undermines the principle of meritocracy and creates a culture of patronage. It also raises concerns about the independence of the judiciary and the ability of courts to interpret the law without fear or favor.

The key parties involved in this development are President Salva Kiir and his administration, who have been accused of using decrees to consolidate power and undermine institutions. The parliament and other branches of government also play a critical role in ensuring that the rule of law is upheld and that power is not concentrated in the hands of one person or group.

Practitioners should be aware of this development and its implications for governance and state failure in South Sudan. They should monitor the situation closely and advocate for reforms that strengthen institutions, promote accountability, and protect individual rights.