Lies and illusions of South Sudan President Kiir

BY: AlHag Paul, RSS

SEPT. 23/2011, SSN; It is refreshing to hear the vice president Riek
Machar saying (on Sudan Tribune September 19th, 2011) that the
president of South Sudan Salva Kiir has vowed to fight corruption in
the government, nearly a month after the formation of his first
cabinet since the country’s independence on 9th July 2011.

Kiir’s picture slotted in the article in Sudan Tribune says a lot.
The picture shows him bespectacled in his hat with a serious look and
finger pointing.  You can not mistake the message.  This is a no
nonsense serious president.

Hopes will be dashed again: Should we be optimistic that at long last
something is happening!  May be yes, may be no, because we have heard
this song many a time before without any action. The question is, what
would make this time to be so different as for action to happen? If
our contemporary history is anything to go by, then this seems to me
to be another rising of hopes that will no doubt be dashed
spectacularly.  Let us examine the contents of the statement.

According to Riek, Kiir has committed himself to ensuring that South
Sudan “enters a new era on good governance, democracy, accountability
and transparency.”  So far so good, but how honest is the president in
making this statement.  When did the president decide on this new era?
 For us to believe the president, it is imperative that he answers
this question, as the evidence before us does not lend him
credibility.

Just after the outcome of the referendum in January 2011, the majority
of South Sudanese advocated for good governance and democracy in the
new to be born state.  This sentiment arose from the outcome of the
South-South dialogue held in October of 2010.  People were hopeful but
our hopes were dashed when Kiir went back on the agreement of
South-South dialogue and began to ignore the political parties
involved deliberately.

Soon after, Kiir’s administration unveiled its draft transitional
constitution which by all standards was an instrument of dictators and
totalitarian regimes.

First, Equatorians during the Equatoria conference held at Nyakuroun
in Juba on 14th April 2011 raised serious concerns about its contents
and asked for it to be revised.

Secondly, the Diaspora wrote a petition signed by over 900 citizens
together with extensive amendments to the contents of the draft
transitional constitution.

Thirdly, people on individual basis protested in the media, SSTV and
other fora.  All these efforts went in vain as Kiir refused to listen
to the people and he single-handedly with the help of his rubber stamp
parliament passed this shoddy DTC into law.

Everything that Kiir did in getting the constitution into law was
underhanded and does not show any commitment to good governance and
democracy.  In order to have good governance it is necessary that the
law that governs the land is not open to abuse by a single person.
Now that the constitution of RSS allows that, it is not an instrument
that can promote good governance and democracy in any way.  Given
this, what new era of democracy is Kiir talking about?

Kiir lacks integrity and promotes Dinkocracy: The behaviour of Kiir
following the South-South dialogue tells us that he lacks integrity
and conviction of character in the sense that he does not respect
agreements.  Kiir uses people and parties to promote Dinkocracy.

Dinkocracy (self defined) is a system of rule that can be found in
South Sudan based on tribalism whereby parliament is either wholly or
partially filled by appointment of corrupt members.  Institutions and
structures that are presently in place are just for face saving
purpose.

In this system consultation and citizen’s rights are not respect. The
views and opinions of citizens also do not mean anything. Looting and
corruption is accepted as a method of wealth gathering with the façade
that the government is working to address it. The police force is
predominantly illiterate and come from the ruling tribe. Their job is
to administer brute injustice. Violence is routinely exercised freely
by members of the ruling tribe (in the organised forces) with
impunity. Government officials are guarded and protected by their kith
and kin as opposed to agents of the state.

In short, Dinkocracy can not give birth to democracy because it is the
antithesis of democracy.  For this reason dinkocracy can only give
birth to dinkocracy and this is what we have here in South Sudan.

Kiir is technically responsible: Moving on to accountability and
transparency, Kiir is the only person so far who has been ruling the
country since 2005. The massive corruption and mismanagement of the
country has been happening under his watch all this time. The
parliament in Juba was/is totally under the control of his party the
SPLM and yet they failed to enact any legislation to deal with the
mess.

The only reason Dr Pauline Riek (the poor naturalised Dinka) head of
anti-corruption commission said she could not hold people accountable
is due to lack of legislation.  If we are to believe that Kiir is
serious about what he is saying now why did he not help Dr Pauline to
eradicate the corruption?

Further, why did he then not instruct the parliament to enact
legislation against corruption?  The answer is simple, they (SPLM/A)
were busy on looting spree.  Hence, Kiir is technically responsible
for all that has been taking place in the South for the last 6 years
due to his irresponsibility and lack of due diligence.  Where has he
been while all these ills are taking place?

What Kiir needs is to explain to the South Sudanese people now his
abject failure to manage the country and not to pretend that he at
last is getting on with managing. Kiir and his administration should
stop lies and the creation of illusion.

How Kiir can right the wrong: If Kiir is serious and wants to be
believed as a dinkocrat turned democrat, then he needs to right the
wrong immediately first by:

1)    Dissolving the parliament and calling for a general election to
allow the South Sudanese people to choose their legitimate
representatives.  After all, the four year term he and his party
awarded to themselves can hardly be viewed as a legitimate act flowing
from the people’s will.  SPLM imposed itself on the people
fraudulently assisted by the might of SPLA.

2)    Creating a conducive environment for the legitimately elected
representatives of the people (and not appointed MPs) to draft and
pass a democratic constitution for South Sudan

3)    Prosecuting the crooks within his cabinet whom he appointed
knowing their crookery, roguery and thuggery.

4)    De-Dinkanising the organs of the state

By doing the above, Kiir will not only gain respect, but he will have
shown to the South Sudanese and the world at large that he now has
matured; wised up; espoused the values of democracy; and genuinely
prepared to get on with the business of governing.

Now let us turn to president Kiir’s ‘five critical steps as visible
sign of the new government’.  These are: 1) investigations on
diversion of funds.  2) instruction to the parliament to enact new
laws on accountability.  3) create anonymous return account for civil
servants and public officials to return any diverted funds, obligating
them to publish their assets from the date of independence.  4) seek
international assistance in repatriating stolen funds and 5) appoint
senior advisers from the African region to the governor of the central
bank of South Sudan, the auditor general and the minister of finance,
planning and to strengthen anti-corruption commission.

On investigation of diverted funds, the statement appears to limit
this issue to high profile cases involving hundreds of millions. When
dealing with corruption it is not just about cherry picking cases, but
to address it root and branch.

Dr Pauline Riek recently reported on her work and during that time the
former ministers of finance were said to have been called for
questioning on the Dura saga. If this is already being dealt with, why
is Kiir presenting it as something that is about to be investigated?
We already know that the former ministers and their legal counter
parts have explained themselves in such a way as to exonerate
themselves.

On instruction to the parliament, why did Kiir not do this long time
ago when corruption was ragging throughout the country?  Could we even
trust this rubber stamp parliament to come up with a robust
legislation to address corruption?  My guess is that the laws that
will be enacted will be so weak as to let the big fish escape.  Watch
that space.  Any MP trying to play tough will have known that Kiir can
easily fire him/her because the constitution allows it.  Thanks to
dinkocracy and the transitional constitution.

Kiir begs thieves to return monies: On creating anonymous account for
civil servant and public officials to return any diverted funds, this
in itself is the promotion of corruption. Why should the government
appear to be begging thieves to return their ill acquired asset? Theft
is a crime and it is even more serious when the thief is a civil
servant or a public official because they are dealing with public
funds.

Further, they should be bound by values of honesty and trust in their
employment contract. What needs to be done is for a system of referral
to be in place for anybody to report corruption which can then be
thoroughly investigated. Should any civil servant be found to have
indulged in corruption, the full force of the law should apply.

Allowing people to deposit returns into an anonymous account simply
enables the thieves to hide themselves and the culture of corruption
to continue. This is a poorly thought out strategy which reflects the
lazy thinking of the regime.  The most hilarious joke here is Kiir's
qualification that the publication of ‘assets from the date of
independence.’  What then happens to the period pre-independence?
Have we started to play with semantics even before things heat up?

On seeking international support to recover diverted funds, Kiir and
his cohorts need to know that in the countries he mentioned law and
order is taken seriously.  Governments can not interfere with the
liberty of the individual and his/her assets without due process, even
when the individual is not a citizen.

So if Kiir wants to recover any assets, he must be ready to go to
courts in those countries and what this means is that he will need to
produce evidence for each case to be tested in court of law.  GOSS can
only succeed in recovering any monies deposited abroad by use of
renowned legal firms.  Kiir must remember that these are democracies
which are accountable and not dinkocracies.

On appointment of African advisers, this is a daft idea whose benefit
would be for foreigners just to come and milk South Sudan as they
already are. South Sudan has qualified people who can run the Bank of
South Sudan, the ministry of finance and the anti-corruption
commission without any difficulties.  What is needed is seriousness in
employing the right people in the right place.

The biggest obstacle to proper functioning of the organs of the state
now is dinkocracy.  Yes, there may be certain areas that will require
expertise but this can be done in a proper way involving assessment of
need by South Sudanese authority and the employment process must be
through proper vetting by South Sudanese organs like the parliament.

Kiir's Lack of seriousness to tackle corruption: The timing of this
statement is highly suspect given the fact that it was done when Kiir
left for New York.  If Kiir was serious he would have taken his time
to make the announcement of the statement to coincide with the first
anniversary of the South-South dialogue as a way of making amends with
the South Sudanese people.  But having his deputy, Riek to read it out
symbolises lack of seriousness on one hand and on the other possibly
to extract himself from any serious questions about corruption arising
in his meetings in New York.

So, in New York, if any questions about corruption crop up, he can
comfortably point to the work being done at home by Riek.

>From the aforementioned, it is clear that Kiir and SPLM have not been
serious in dealing with corruption because they are the beneficiaries
of this vice culture. Now that Kiir has again come up with this
promise, we should hold him to account.

Personally, I do not believe that he is going to deliver but let us
wait and see.  What I would advocate is for the opposition parties and
civil societies to sensitise South Sudanese in preparation for the
next election.

In that election the opposition and civil societies should make the
issue of corruption central in the campaign. Any party that wants
votes must clearly set out its agenda on how it will deal with
corruption and recover the billions of dollars stolen by SPLM party
members and sympathisers.

Elhag Paul, RSS; [email protected]

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