- Written/Submitted by Dr.Peter Adwok Otto
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I preferto call the transitional constitution of South Sudan (TCSS) asLuk Jok’s document, because he is a wise lawyer and custodian of law issues of the south before during and after announcement of the independence of the Republic of...
South Sudan, and should bear all the sequential after math of the impact of the constitution there in, affirmative or otherwise, since he manipulated the formation of the commission contrary to the aspirations of the southern political parties leaders forum(SSPLF) labeling this highly authoritative politically –empoweredpeoples’ gathering asa consultative body,a statement that removed essence from a well thought- of gathering uniting the people before the most detrimentalevent about to happen and that is the declaration of a dictatorial failed state on the 9th of July 2011 given the developments currently prevalent in South Sudan.
LukJok designed a “dangling carrot” tactic in an a fashion ofdecoy inclusivenessto trapamateur SSLA members’ lust for material gains and also co-opting the SPLM members of the legally expelled National assembly and house states members, in an ocean of exclusiveness sideling all the effective southerners. I had tried in the previous articles to underline the motives of this fully conscious lawyer for his conscious reactionary action. This new country cannot progress with citizen half free and half slaves(Abraham Lincoln). Luk Jok has no history or tradition of law making, might be in theory of applying laws as part of his training, and thus cannot be taken as an authority in law enactment neither should his unqualified team that was heavily stained with exclusive politics and should not acquire accreditation as law makers. However, law developed from the common sense of providing common good for a community that had accepted to be together. If this element of community interest is removed, any enactment cannot be acclaimed as theirs. Let me include a dialogue between: An ATHENIAN STRANGER and CLEINIAS
Athenian. “Now, which would be the better judge, one who destroyed the
bad and appointed the good to govern themselves; or one who, while
allowing the good to govern, let the bad live, and made them
voluntarily submit? Or third, I suppose, in the scale of excellence
might be placed a judge, who, finding the family distracted, not
only did not destroy any one, but reconciled them to one another for
ever after, and gave them laws which they mutually observed, and was
able to keep them friends”.
Cleinias. “The last would be by far the best sort of judge and legislator”.
Athenian. “And yet the aim of all the laws which he gave would be the
reverse of war”.
Cleinias. “Very true”.
Athenian. “And will he who constitutes the state and orders the life of
man have in view external war, or that kind of intestine war called
civil, which no one, if he could prevent, would like to have occurring
in his own state; and when occurring, everyone would wish to be
quit of as soon as possible?”
Cleinias. He would have the latter chiefly in view.
Athenian. And would he prefer that this civil war should be terminated by
the destruction of one of the parties, and by the victory of the
other, or that peace and friendship should be re-established, and
that, being reconciled, they should give their attention to foreign
Cleinias. Everyone would desire the latter in the case of his own state.
Athenian. And would not that also be the desire of the legislator?
Athenian. And would not everyone always make laws for the sake of the
Cleinias. To be sure.
Athenian. But war, whether external or civil, is not the best, and the
need of either is to be deprecated; but peace with one another, and
good will, are best. Nor is the victory of the state over itself to be
regarded as a really good thing, but as a necessity; a man might as
well say that the body was in the best state when sick and purged by
medicine, forgetting that there is also a state of the body which
needs no purge. And in like manner no one can be a true statesman,
whether he aims at the happiness of the individual or state, who looks
only, or first of all, to external warfare; nor will he ever be a
sound legislator who orders peace for the sake of war, and not war for
the sake of peace.
Cleinias. I suppose that there is truth, Stranger, in that remark of
yours; and yet I am greatly mistaken if war is not the entire aim
and object of our own institutions.
Athenian. I dare say; but there is no reason why we should rudely quarrel
with one another about your legislators, instead of gently questioning
them, seeing that both we and they are equally in earnest need of peace.
This dialogue depicts the reality of the legislation to avoid war external or internal, and that the legislators and the subjects are in dire need for peace, thus there is no point for the legislators to put their interest before others, because in case of bad legislation both will be affected.
Luk Jok’s document instituted unfortunately a one man authoritarian rule over a people who love free-will at their grass roots and might easily not take the ruler’s rough measures lightly. Democracy is:
Democracy is not something you believe in or a place to hang your hat, but it\'s something you do. You participate. If you stop doing it, democracy crumbles(Abbie Hoffman.)
Elections belong to the people. It is their decision. If they decide to turn their back on the fire and burn their behinds, then they will just have to sit on their blisters(Abraham Lincoln).
Democracy is the government of the people, by the people, for the people.( Abraham Lincoln (1809-1865))
As I would not be a slave, so I would not be a master. This expresses my idea of democracy(.Abraham Lincoln (1809-1865).The ballot is stronger than the bullet.
Abraham Lincoln (1809-1865)
Nearly all men can stand adversity, but if you want to test a man's character, give him power.
Abraham Lincoln (1809-1865).As a rule, dictatorships guarantee safe streets and terror of the doorbell. In democracy the streets may be unsafe after dark, but the most likely visitor in the early hours will be the milkman(Adam Michnik).A free society is one where it is safe to be unpopular(Adlai Ewing Stevenson)
Until lions have their historians, tales of the hunt shall always glorify the hunter.(African proverb)>
Freedom is when the people can speak, democracy is when the government listens(Alastair Farrugia).Dictatorships are one-way streets. Democracy boasts two-way traffic(Albert Moravia).The people is always expressive of the truth. The life of a people cannot be a lie.(Alexander Herzen).
A politician will do anything to keep his job - even become a patriot (William Randolph Hearst).
Is this what justice John Luk Jok had just done by manipulating the formation of Transitional constitution of South Sudan committee, and frustrating the others to walk out?
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