Juba, February 2, 2018 (SSNA) — In the matter of the suspension of Gogrial Youth Union in Juba by the President of South Sudan National Youth Union and endorsement of Gogrial StateCoordinator-Juba on behalf of Gogrial State Government, the union would like to officially respond to assure the youth of Gogrial State about the continuation of its activities.
Attention Dr. Albino BolDhieu, the president of South Sudan Youth Union. Please, consider this response as my official response to your unconstitutional order issued on 26/Jan/2018.
Firstly, your order to suspend Gogrial Youth Union in Juba is unconstitutional and lacks binding force of law for the following reasons: –
- Article 11(d) of the Constitution of South Sudan National Youth Union which you cited in your order, states that, “the president of National Youth Union, inter alia shall have the following powers :( v) Sign resolutions, policies, regulations, guidelines and documents of the National Youth Union”. This provision does not give you powers to suspend any state Youth Union, of which we consider your order to be illegal, null and void because the idea behind this illegality is that; a public authority must act within the corners of his/her powers or jurisdiction. Where did you draw your powers to suspend our Union? Was it from unknown law or constitution?
- Mr. President of National Youth Union has acted ultra-vires and failed to realize that the exercise of power is confined within the limits prescribed by the constitution. Dr. BolDhieu andhis legal advisors had incorrectly informed themselves about the law and acted contrary to the very Constitution he signed as a President of the National Youth Union. We equally strongly condemn such unconstitutional and illegal issuance of order. Mr. President of the Union, your order is guilty of illegality and capable of being condemned elsewhere even in the tribunal of common sense.
- Mr. President of the union, the powers vested in you under article 11(d)(v) as you cited is irrelevant to act in such manner, exceeding your jurisdiction not knowing that, act in access of the powers are invalid as being ultra-vires. The supremacy of the Constitution under article 4 hereinafter contains a doctrine flavor that serves to control those who exceed their powers. We wonder whether Mr. President has read the cited article which does not give him any single power to act as such instead it disqualifies him from acting unconstitutionally like he did.
- Mr. Coordinator of Gogrial State-Juba, before you endorse the suspension order issued by the president of South Sudan National Youth Union, it is important for you to understand the logic behind his order (illegality) because he acted outside the law. Such order should not be adopted by any legitimate public authority otherwise, it would be a miscarriage of justice and such order is unenforceable.
- Mr. Coordinator, article 5 (2) of National Youth Union states that, the state Youth Unions shall have the powers to establish their own constitutions, which shall be drawn in accordance and in consistency of this constitution. Based on this provision, the President of the Union does not have any power to suspend our Union and you as a coordinator shall refrain from such illegal and unconstitutional act and maintain your position as an umbrella of Gogrial state without being influenced unreasonably. The order is a direct interference with state affairs under the provision of this constitution. Our coordination office is the eye of our state government and must not be misused unreasonably to be agreeing with everybody and disagree with everybody at the same time.
- Mr. President of the Union, if the law takes its own course, you will lose your membership in the Union because of contravention or flagrant violation of the constitution of National Youth Union. Under article 9.4(ii)a member can be terminated from the Union if he violates the Constitution. In light of these, your unconstitutional order is a gross violation of the Constitution of National Youth Union which we shall take up seriously against the President of the Union and the law must take its own course to terminate Mr. Albino BolDhieu from the Union because of his violation of the Constitution he which has signed as a President of the Union.
- To the public: The alleged suspension of Gogrial Youth Union by Mr. Albino BolDhieu is found to have been made outside the Constitution of National Youth Union and has no specified statutory powers and accordingly, it was not based on law and therefore was illegal due to total disregard of the constitution as it is in the paper. Mr. Albino BolDhieu has misdirected himself to the extent that he could not even realize that, no election can be nullified without mentioning the duration of next election if any. This shows that, the man did not cloth up with legal actions but, instead locked himself up with personal interest, influences and wrong assumption of his position.
- As we refer back to the previous events that had happened with similar problems like the case of Twic State Youth Union, Awiel State Youth Union, and Tonj State Youth Union in Juba all have had the same conflict of interests but Dr. Albino Bol did not suspend them. Because he had no powers to do what he did now to GSYU-Juba, therefore his decision is null and void.
- Dr. Albino Bol, Simon Machuar and ThiikThiik Mayardit will be responsible of any further mess and chaos among the youth of Gogrial State, the abuse of power by Dr. Albino Bol, and Simon Machuar through interference to our non-political organization of Gogrial State youth in Juba as well as a declaration of ThiikThiikMayardit in yesterday Juba Monitor news as a Youth Leader of Gogrial State are clear evidences that these three men should be legally held accountable if anything happen again in Gogrial State.
- Gogrial State Government is not involved in this matter of destabilizing the union of her youth in Juba even though Simon Machuar Deng and Dr. Albino Bol are unconstitutionally trying to interfere and create more enmity among the youth of Gogrial State. There is great cooperation between Gogrial State government and her youth Juba, then the leadership will not give in the stamp and letter head to Simon Machuar Deng because he is not serving interest of the Gogrial State Youth in Juba any more.
- Clarification to the public: We are not a rival group of Gogrial Youth Union, but we are legitimate elected body of Gogrial State which was witnessed by the Hon. Minister of finance of Gogrial state. We are legitimate body that came in to power by the will of people and have characters of supporting the unity of our civilized democratic Republic of South Sudan. Now therefore, we would like to inform the public that the order issued by Mr. Albino BolDhieuis a nullity and be disregarded as an allegation incapable of enforceability and lacks a ground of law. And we are functioning as usual and we are ready to defend our position in the court otherwise none of the above will stop us unless with the order from the court.
Dated in Juba this 2nd day of February in the year 2018 A.D under my signature.
Nella AchuekMabiorAchuil – Elected Chairperson of Gogrial State Youth Union Juba.
Cc: Gogrial State Governor
Cc: MPs of Gogrial state in TNLA.
Cc: Gogrial State Community Leaders
Cc: National Ministry of Youth, Culture and Sports
Cc: Gogrial State Coordination office-Juba
Cc: National Security Service- Political Division
Cc: SPLM Secretariat for Popular and Syndicated Organizations
Cc: High Court of Juba