"Makal County (Malakal) as the Capital of Upper Nile and & as the headadquarter of the Makal County.
- Written/Submitted by Stephen Okwen Agwet
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Reference to an article written by my colleague/ in the Nile Theological College Khartoum North 'Sudan' Manasseh Moses Riek and the press secretary of the Governor of Upper Nile State Simon Kuon on 22 August 2012- vol. 7. Issue 222 on the Citizen News paper under the title "Malakal City Council Residents behind the brilliant thought of their political leaderships" . And as the regard to that article its appear that there some people from different Counties seem to supporting this unconstitutional decision by the Governor, although the governor do not want to listen to people and went on to appoint another powerless Commissioner instead to cancel his decisions of creating City mayor position in the County thinking that the dismissal Commissioner is the source of the problem .Therefore I would like to give comments on the issue.
The Author had used in his beginning of introduction saying that what was published by Collo intellectuals in the Citizen newspaper" as a fraud and groundless" , but unfortunately he did not identified the quality or type of a fraud weather it is legally or administratively right in order to let people know how this statement is a fraud or groundless !! .
Also the writer thinks that" Collo intellectuals are not amalgamated with the Transitional National Constitution of the Republic of South Sudan and state Transitional Constitution levels, which supported the creation of city councils major town or as part of the civilization". And also unfortunately he did not declare or refers to the constitutional articles that talk about how to configure these cities. It is very unforainately to say that our town which the numbers of flies are more than the numbers of the citizens and people cannot get rest at night because of frogs' noise in every corner and these town to be call as cities and part of civilization which people live in darkness and there is no clean water to drink!!.
Again he talked about his observation when he reared the article and he concluded that "it is not Collo intellectuals' media Committee, but there are groups who want to create instability in the state and they do not have the ability to defend themselves and that this is the only way to create insecurity in the state." But again also it clear from this statement that the writer mixing things up and sighting of the press release was talking about the appointing of the mayor of the city council as illegal and the Governor had not consulted the indigenous population of the County and other procedures. But the main question is how can a person reach and assert the identity of the authors of the statement only through reading the statement and there are no names!! In my opinion, this well informed knew knowledge should hold everyone to run to the Pastor / Manasseh Moses to lean from him this knowledge!! .In my opinion, such behaviours and accusations and illegal decisions are only ways which will lead to instability in the state and not the County issues. And my colleague / Manasseh Moses must know that the Governor who is the candidate of our ruling party has been elected by all the supporters of the SPLM party in the state including the people of the County and many of these sons of the county are rejecting this position of the Governor now, because they are not consulted by the Governor when he appointed the nearest closest to him and handed over the three payams of the county and remaining only tow payams outside the county that it is very clear there is no County which exist of only tow payams constitutionally .
For the Governor, this in itself is re-offense and is clear explicit to the concept of establishing the counties.
the writer mentioned that" the decision of the founded of Mayor was supported from state-wide and within the city", but we the sons and daughters of the county we don't mine about the supported of the decision at the state level for this decision but the basic questions is that: what are the motives that makes anyone from another counties supports the decision of the configure mayor in another county and not his county?. Is not this exposed intention? Everyone knows in anywhere in the world that there are methods and procedures known to measures public opinions in public matters some are statistical process known as questionnaire so they can show that the majority of specific support or reject the resolution. But unfortunately the press secretary of the Governor did not clear the way show the majority of the population of the city are with the decision of the Governor of the states!! .
Press secretary said in item 4 / in his article that the "President of the Republic of South Sudan is aware about his Governors and he knows what they are doing in their states, and they are his eyes"!! " And they are represent him in the States and they helps him in the states" ! And the Collo intellectual committee are accelerating and boiling tribalism, nepotism, Corruption in the state"!!.. I do not know how the writer could reach to accuse Collo intellectuals to these inhuman concepts; while there is no any one of these intellectual working in any of government in the state ؟ And also he does not know any person among these intellectuals!! It is clear that he speaks in order to satisfy the Governor but not Collo community nor any other communities in the South Sudan because most people in south Sudan knows Collo social dignity!
These concepts reminds me of the words uttered by the press secretary of the Governor on the occasion whish organized by the administration of the Presbyterian Church when we graduate the in Faculty in Nile Theological College in 1997 ( Khartoum North Sudan) and my colleague / Manasseh Moses was sitting next to me when the conductor of the programme begin to welcomed the attendees and among the attendance was late / Matthew Obur Ayang the former Speaker Regional People Assembly in the early eighties and / Manasseh Moses was asked by one of our colleagues that where is Mathew Obur among these people؟ Then he replied pointing to Matthew Obur among those who are sitting? And pointing to Matthew Obur these words in brackets: "the one who is sitting naked" and the late Mr. / Matthew Obur were wearing "Lao" on this occasion!! In my opinion, this was expressed in tribal hatred for the students of theological sciences!! Unfortunately, so far my colleague / still thinking and holding these concepts of tribalism, nepotism and corruptions which are related to those who holding public positions and posted the title of His excellencies, because these practise of nepotism, corruptions and tribalism are related to those associated with public administrative matters and has nothing to do with intellectuals who express their views to any public issues and that is the role of any intellectuals regardless of their tribes or their parties to reform the rulers.
At the end of the article of my colleague the optical spoke person of the governor he confirmed Saying "that the County is there so existing and it was not abolished or dismantled..... Makal County existed and will be so existing there, while the Youth of Ngok Lual Yak & Dongiol committee in the national Capital in Juba saying in their Press Statement on Wednesday 5 of September 2012 in the same news paper the Citizen vol.7. issue 235 page 5 saying that "for your information, there is nothing called Makal County in the Presidency decrees when the presidential decrees was issued establishing the Counties in Malakal County in 2009 and which coincided with the murder of Al-Dinka paramount chief, Thon Wai Awin" " everybody knows that all Collo Counties are in situated in the Western bank of the Nile while Dinka Counties fall on the Eastern bank and there is no boundaries between us and their Counties save on the mid of the white Nile ( Natural Bonders ) ".!! Look between these contradictories statements of the optical spokes person of the governor Simon Kuon and Ngok Lual Yak & Dongiol ( but ) the Youth did not informed the readers how and when and where they cross the river Nile to the Eastern bank of the Nile !!..While Collo Kingdom was established by nyikagno in 1545 on both side of the while Nile River and there are the same name of the villages on both side while Dinks of Upper Nile Historically came at the time of King Togo Dhokoth who reigned from 1690 -1710 and that is after 155 years from establishment of Collo Kingdom .
In the light of these developments let me shed lights on the evolution of local government's administration in Sudan before the independence of the Republic of South Sudan on July 9, 2011, to let everyone knows the political goals behind codifying the laws of Local Governments and the composition and creation of Local Councils.
The administration in the old Sudan before the secession of south Sudan is not something new and it can be returned to the Nubian kingdoms, ancient kingdoms, and states passing through Turkish and Egyptian rule coming to the Mahdish state. But the origins and evolution of public service in the modern concepts began in 1899 when both Britain and Egypt divided sovereignty over Sudan under bilateral agreements governance.
In the second half of the nineteenth century, and on the beginning of industrial society in the West, it a fear that there is a need to organize relations between individuals in the same society and the responsibility of existing government toward citizens in organizing the affairs of their lives and provide services to them and to identify relationships between employers and employees and innovation means and methods that help in pushing production process.
In early 1899 the dualisms governments divided administration in Sudan to six directorates and three provinces and the directorates are: (Dongola - Barbar - Kassala - Sennar - Khartoum - Kordofan -) and the provinces are: (Pashoda as a river port - Alpha as a river port - Suakin as a sea port).
On top of all each directorates there is Directorate Director called (Director) and below him the inspector of centers followed him a number of Almamir (Mamor) and Vice Mamor mostly Inspector are English, the officer and his deputy are Egyptians .
On the reopening of Darfur in 1916 the number of Directorates increased to eleven teen Directorate which are (Darfur - Blue Nile - Bahr el Ghazal - Kordofan - Nuba Mountains - Red Sea - White Nile - Alalfa - Dongola - Barbar - and name of Pashoda – change to Upper Nile).
In 1937 a law was passed and the goal of the legislation is political ( to find platforms for the leaders of the national movements with civil administrators with intellectuals to double effort in how to provide goods and services to citizens residing within instead of spending times in political rallies to anti-system of governance and civil administration).
There has been a lot of adjustments and switch to those divisions and titles until it was finally settled in 1948 on the divisions of nine directorates.
there were many legislations for local governments and issued the Local Government Act in 1960 and the most important features of this law is : the legislation abolished and cancelled the position of Center Inspector and throwing its functions Inspector Center and distribute its terms of reference among many institutions; the law also cancelled managements directorate and established its place a new managements its composed of: (Council Directorate – Executives Council and representative governments).
In this process military ruler becomes a representative of the government and he the Prime Directorate, which includes Heads of governments departments and core goal political of this law is: ( to weakening grip administrators Berets and yellow ribbons on managements directorates) (director of the directorate and inspector Center specifically) and their replacement by others their concerned is military rulers at the level of the Presidency Directorate.
Establishment of this change for the management of the Directorate to appoint a manager who later became prime symbolic of the Council of undisputed loyalty between him and the representative of the government and the presidency of the concerned ministry in Khartoum.
In 1971 a law of local governments was passed and it was an attempt to undermine the Soviet experience in governance to enable the ruling party (the Socialist Union) and the security agencies to play the same roles played by the Soviet experience. This did not changed until the division, after the regional government in 1980 during the reign of the late President Jaafar Nimeiri and re-named the Provence to the regions and the provinces are: (Samalyia - Kassala - Blue Nile - Khartoum - Kordofan - Darfur – Equatoria - Bhralghazal - Upper Nile). In February 1991 there is issued a decree fourteenth transformation of the Sudan regime of the common into something like the federal and referred to decentralization that was taken from federal system of government the principle of power-sharing between the center and intermediate level in the state (state) called this intermediate level state instead of the county and named rulers governors. In light of this picture Decree Local Government Act which was passed in April of 1991 and the most important features that act is to reduce the powers of the Commissioner forces in the previous legislation to mere coordination of local government units.
One of the most important constitutional decrees toward the transition to the federal government is the twelve (12) Decrees 1995 which created three administrative levels of governments in Sudan which are: the central level (federal) intermediate level (state) and local level (local).
This act deified each level of his powers and financial resources and in light of this decree was issued the Local Government Act of 1995 and the apparent goal of this act is to care of level the local governments, but in the real goal was the beginning of political empowerments at the local government's level.
In the issues of this law scarifies administrative offices and also reduced the executives director authorities became responsible to and under the President of the local Council .In 2003 a law of local Governments was passed and the most important thing influenced by this law is that : to abolish the post of Commissioner and replaced it with character (Motamed) to strengthen control based on the performance of devices decentralization making him Responsible to be the first administrative, financial and political and security in his districts and declining the role of the administrative officer increasingly prevail loyalty on administrative efficiency, it is possible Choose the "Motamed" without taking into account the state of administrative efficiency.
But this new system did not last for more than two years because the Comprehensive Peace Agreement has been signed in 2005 and the intereioum transition Counsitutuios was signed in the same year and what is most important given to the tow documents is to make local governments internal affairs and definitively: the state authorities determine and competencies and resources of localities (Counties) states legislation.
So the phenomenon of cities towns with dual function as capitals of the national government, central or local one is not a strange phenomenon in the world.
There are some types of these cities towns and same introduced separate administrative sections to perform the tasks and Nigeria was a living example of that in the African continent. Khartoum provided another example in this regard as well as Juba is the Capital of the Republic of South Sudan since July 9, 2011 and the Capital of the Central Equatoria state and the Capital of the county and Mayor for the city of Juba at the same time.
Historically the place where County of Makal (Malakal) now was the agricultural areas of the West Bank villages of the River Nile and these villages are: (Awarjwok - Kowoko - Lelo - Obowa – and "Makal Village" near the current Air port at the East bank of the Nile which was the headquarter of "King Diwad" who reigned from 1635 -1650) and that in the era of British Egypt rule 1898 when the government check point was in the area of (Tofiqiha) the forestry department at several miles south of Malakal, before being to deported to Malakal to the space where the city now and that was for the purpose of preventing the slave trade because this new place is the meeting point of two rivers (Kiir - and Lolo). And that was in the era of Condominium rule and if the residents of these villages know the concept of compensation at that time they world probably demanded compensation for the loss of their farms!! .
But there are challenges in this situation and the first challenge: Is the need to reconcile the terms of reference of the state capital in addition to the terms of reference of the County and the city's mayor at the same time.
Makal County (Malakal) as the capital of a state should treat all its citizens equally and as the head quarter of county should be subject to the wishes of the indigenous majority of the citizens of the County like any other counties in the state wide.
The second challenge: which facing Makal County (Malakal) : it is composed of demands of its indigenous populations and displaced others respectively who came's in other areas and settled in the city to the circumstances of their work in state governments institutions and this situations the actuarial natives of province's population believe that the city's population displaced from other areas had wrested their rights as native peoples.
That our concern with respect to those challenges is the issue of capital and inter-governmental relations between the state government and the presidency of the County and the Ministry of Local Government and the Mayor of the city from the other side.
The key question is: What should be done with regard to the conflicting powers of the state government on the one hand and the County on the other hand? What should be done with respect to the conflicting interests of the displaced groups to the city to the circumstances of their business in the state institutions and the native population on the other hand?.
Finally and in my personal considerations it is not to imitate the name of the mayor of the city as in other countries, but the decision-makers, planners' goals and policies should know that every society has its own peculiarities and its own circumstances.
What happened to the released Commissioner of Makal County (Malakal) by stripped and converted his duties, authorities and powers to the" mayor" of the city and the occupation of the offices of "three Payams" within the County and they are locked therefore, this move is politically an acceptable and even if it was someone else and not the current released Commissioner.
In order not to raise emotions to the indigenous citizens of the county, which is indispensable to the County natives population while the Republic of South Sudan currently in the critical state and that will let people to claim to shift the capital of the State to anywhere else, like what happened to the south Capital in Juba, therefore people should not continue to the false justification such as service delivery and improvements of the situation for major cities and other tribal falsehoods that cannot convince a person even if he is a mad person in such decisions and policies which are very clear exposed targets.
So it advisable for the governments of Republic of South Sudan or the governors of Upper Nile States to cancel the mayor position or determine its authorities exclusively by the Constitution or law, and not an opponent of the Commissioners authorities or apply this position to all the South Sudan Capital States combat or should be elected by elections according to the specifications of the incumbent determined by the national constitutions or state constitution or local law.
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