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JUBA, SEPTEMBER 26, 2023 (SUDANS POST) — South Sudan’s President Salva Kiir Mayardit on Tuesday evening signed the controversial elections bill into law, ignoring opposition calls for removal of a section in which an elected president would have the right to appoint a portion of the members of parliament.

“President Kiir on Tuesday signed the National Elections Act, 2012 (Amendment) Act, 2023 bill into law,” the presidency said in a statement issued just after the signing of the bill by Kiir, adding that the bill was presented to the head of state by parliament speaker Jemma Nunu Kumba who is a member of Kiir’s party.

“The bill is an important element in the Revitalized peace agreement for the process of elections to commence,” said Kumba following the signing of the bill. “The country is now ready to start the preparation for the elections by putting in place the mechanism for parties to do elections.”

The bill, known as National Elections Act 2012 (Amendment Bill 2023) was passed last Thursday, largely by lawmakers representing the ruling Sudan People’s Liberation Movement (SPLM-IG) in the transitional parliament.

Lawmakers from the main armed opposition Sudan People’s Liberation Movement in Opposition (SPLM-IO) led by First Vice President Riek Machar Teny, boycotted the sitting in which the bill would later be passed in their absence.

They were specifically opposing a new provision which gives a future president the power to appoint at least seventeen (17) members of parliament which account for 5 percent of all the parliamentarians after elections.

CEPO WELCOMES SIGNING OF BILL INTO LAW

In a statement, civil society watchdog Community Empowerment for Progress Organization (CEPO), welcomed the signing of the bill into law and stressed the importance of the creation of a legal institutional environment for conduct of elections.

“CEPO appreciates the president in fast-tracking the signing of the national elections bill into a law although it was challenged by the opposition over the introduction of the 5% power for the president to appoint 17 parliamentarians of the 332 parliamentarians after the public voting for the rest of the parliamentarians,” the statement signed by CEPO’s Executive Director Edmund Yakani reads in part.

“The creation of legal and institutional environment for the conduct of the proposed elections for December 2024 is essential within the month of the October 2024 as we advocated after the president address of the UN Security Council in New York,” the statement added.

Yakani further said that his organization “will be issuing policy direction opinion on the use of the 5% power of elected press to appoint in relation of promotion or embracing observation of inclusivity for effective participation of minority groups.”

“It should be the elections commission to develop guidelines for the use of the 5% for elected president to use,” it added. - Sudans Post

Schools in the UK need to teach the history of all four nations, the historian David Olusoga has said, warning that ambivalence and indifference risk pulling apart the union.

The fact that A-level pupils in England do not learn much about the history of Scotland, Wales and Northern Ireland and vice versa means that Britons struggle to understand key contemporary political issues in the other nations, for example the Scottish independence movement or sectarianism in Northern Ireland, Olusoga said. 

 
 
“I just don’t think ignorance is ever really a positive background factor in nations being drawn together,” he said. “Not knowing each other’s stories is a weakness we are one day going to have to address.”

Speaking to the Guardian before the launch of his new documentary exploring the past, present and future of the union, Olusoga said: “We underestimate the complexity and potential fragility of the UK, especially in England.

“When you talk about the union in Scotland, everyone knows what you mean. When you use the word union in England you realise it’s not a phrase you hear very often. I think we are in England less familiar with the architecture of the country and the history that explains it. That’s why I really advocate better teaching of this.”

He said he had first realised how little history is taught about the other three nations at GCSE and A-level when he arrived at university and made friends from Northern Ireland. 

He thought this lack of awareness was how unhelpful, simplistic stereotypes about other parts of the UK arise, for example the idea that everyone in the south of England is rich, when some of the UK’s most deprived areas are located there. He added that it propagates the view that the union is a purely “English project”, and an under-recognition that “our ancestors crossed borders”, similar to Olusoga’s own, some of whom moved from Scotland to Newcastle during the Industrial Revolution. 

Olusoga described the United Kingdom as “quite a strange state” as well as only 100 years old in its current form. “What we mustn’t do I feel is imagine that we on these islands are separate from the great forces of history,” he said, noting that the map of Europe over the centuries showed constantly shifting borders.

The historian said he had been moved to make the new documentary because Brexit has made this a “moment when people are thinking about the union, one of the many moments of turbulence in its history”. 

This is also partly because “many of the forces that have made the union successful and acceptable to a great number of people are in decline”, he said, citing the Protestant religion, and the wealth and opportunity spread throughout the region and nations by the Industrial Revolution and the imperial project.

This contrasts with the postwar period, which historians have referred to as “peak union”, when its benefits to all citizens were clear: the NHS was created, lots of social housing was built, there was economic opportunity around the country.

To address the shift towards an unequal society, political leaders should “think radically about what we need to do to create a sense of how to rebalance the country”, he said. Olusoga suggested that the decaying state of the House of Commons could provide a motive to move some political business outside London.

He added that the “other nations need to be encouraged to feel like partners rather than small players”.

Citing a recent IPPR report on the “ambivalent union” in which fewer than half of voters in any UK nation see maintaining the union in its current form as a priority, Olusoga said: “It seems very strange that we are discussing something that would be so seismic with one of the key emotions around it being ambivalence and [a lack of interest]. The irony is that we think what posses a risk to the union is strong anti-union sentiment rather than just indifference.” Story by Rachel Hall, The Guardian

Turkish prosecutors have indicted a journalist on charges of insulting President Recep Tayyip Erdoğan due to his criticism of the president on TV, the private DHA news agency reported.

Journalist Levent Gültekin is facing a prison sentence of up to four years, eight months, according to an indictment drafted by the Bakırköy Chief Public Prosecutor’s Office in İstanbul.

The investigation into the journalist was launched based on a complaint filed by Erdoğan’s lawyers.

Gültekin, who testified to the prosecutors as part of the investigation, denied the insult charges and said his remarks were only political criticism.

The journalist’s remarks that sparked the investigation into him concerned a terrorist attack on a police station in the southern province of Mersin in September 2022, which claimed the life of a policeman.

Gültekin said the government’s polarizing discourse was responsible for such incidents to take place in the country.

“If there is a separatist in Turkey, it is Tayyip Erdoğan,” Gültekin said, accusing the president of polarizing the people and trying to hang onto power by fomenting enmity in the public. He also accused Erdoğan and his government of engaging in corruption and not having any plans to leave power.

He was speaking on the pro-opposition Halk TV station.

In Turkey thousands of people are investigated, prosecuted or convicted of insult charges against the president, which is a crime in Turkey, according to the controversial Article 299 of the Turkish Penal Code (TCK). Whoever insults the president can face up to four years in prison, a sentence that can be increased if the crime was committed through the mass media. Source: Turkish Minute

The Law Society of Kenya (LSK) President Eric Theuri. [File, Standard]

The Law Society of Kenya (LSK) has proposed the separation of presidential voting day from the other five seats during the General Election.

This is according to a presentation made by LSK President Eric Theuri to the National Dialogue Committee at the Bomas of Kenya in Nairobi on Tuesday, September 26. 

Theuri averred that if implemented, the move would allow poll losers to run for other seats. 

 

Additionally, LSK wants the Finance Act, 2023 taken back to Parliament for review, despite the outcome of the petitions in court.

The court is scheduled to give the final verdict on the matter in November. 

To ensure no parties contest the election results, LSK suggests that no candidates should be involved in the recruitment process of the Independent Electoral and Boundaries Commissioners.

“Political players should not choose the referee,” Theuri says.

A day before, the Political Parties Liaison Committee appeared before the national dialogue team and suggested the introduction of a Political Parties Fund to ensure the party does not face external interference. Last week, Nandi Senator Samson Cherargei proposed an extension of term limits from the current five years to seven years. By Winfrey Owino, The Standard

Photograph: Gallo/Getty© Provided by The Guardian

An anti-migrant vigilante organisation in South Africa has registered as a political party and plans to contest seats in next year’s general elections.

Operation Dudula, whose name means “to force out” in Zulu, wants all foreign nationals who are in the country unofficially to be deported.

The party, which first emerged in Johannesburg’s Soweto township after riots in 2021, claims to have widespread support, with a formal presence in seven of South Africa’s nine provinces. It claims to be planning to stand candidates in 1,500 of the country’s 4,468 voting districts. 

Many Operation Dudula followers have faced allegations of hate speech and physical violence. They have staged protests outside embassies, turned people away outside hospitals to prevent foreign nationals from accessing state medical services, and conducted door-to-door searches of businesses in poorer areas demanding to see identity documents.

In August, Philani Gumede, a 36-year-old from Durban, was convicted of hate speech after sending a voice-note to members calling on them to evict foreigners from businesses in the city. Nomalungelo Ntshangase, a regional court prosecutor, told the court that this had led directly to xenophobic attacks and looting.

In 2022, Operation Dudula followers camped outside Kalafong hospital in Atteridgeville, a suburb of South Africa’s administrative capital, Pretoria, preventing people, including pregnant women, from entering the hospital.

“People were turned away by the protesters based on their appearance and accent,” said Sibusiso Ndlovu, a health promotion supervisor for Médecins Sans Frontières. “They have even demanded that critically ill patients who are migrants must be ‘unplugged’ and taken out.”

Civil society groups have taken the party to court over unlawful evictions and conducting unauthorised citizenship checks in public. A court date has not yet been set.

The Operation Dudula party’s spokesperson, Isaac Lesole, said the transition from civil movement to political party would mean a tempering of tactics.

“We want to demilitarise Operation Dudula. We know the military angle did not appeal to a lot of people,” he said. “Now we’ve taken a new posture, we need to guarantee that we can still achieve a lot without people being militants and killing or kicking things. As a political party, we are governed by a different set of rules.”

But its core ideology would not change, he said. “We view illegal immigrants as criminals, and they must go back to their countries.” 

About 3.95 million immigrants live in South Africa, according to 2022 estimates by the Institute for Security Studies (ISS). However, there is no such thing as an “illegal foreigner” in South Africa, as its constitution – widely hailed as one of the most progressive in the world – confers limited rights upon all people within the country’s borders, regardless of nationality or birthplace. 

Operation Dudula has its roots in the riots that swept across KwaZulu-Natal and Gauteng provinces in June 2021. In the absence of police, some citizens banded together to protect shops and businesses from thieves.

“You saw a lot of communities starting to self-protect. They started cordoning off malls, and protecting them from being looted. Some of these organisations also felt emboldened to have more operations, under the auspices of ‘anti-crime’,” said Lizette Lancaster, an ISS researcher.

Lancaster said the chronic failures of the state in South Africa, which has high rates of corruption, unemployment and violence, created the space for the party to thrive. 

“South Africans have been trying [to hold the state accountable] through protests, but are not getting anywhere,” she said.

“It is almost natural for people to look for another scapegoat. The most obvious scapegoat would be our brothers and sisters that have come here to look for better opportunities.”

Although not expected to win any outright majorities, the fractured nature of South African politics means that small parties can influence the formation of coalition governments – and can demand major concessions in return. The current mayor of Johannesburg, for example, is from the Al Jama’ah, a fringe Islamist party that won just one of the city’s 135 wards.

Established parties are struggling to respond to Operation Dudula, with seemingly contradictory messages.

In April, President Cyril Ramaphosa called it a “vigilante-like force” taking “illegal actions” against foreigners. “These things often get out of hand,” he said. “They always mutate into wanton violence against other people.” 

However, with the ruling African National Congress seeing its support eroded in recent years by a series of corruption scandals, rising inequality, high unemployment and violent crime, it has also begun to echo the rhetoric of Operation Dudula in a bid to shore up its electoral chances.

Last year an ANC spokesperson, Pule Mabe, told the Mail & Guardian newspaper that Operation Dudula was affirming the views of the ANC. “These [foreign] people come here to sell drugs, seat [live] here illegally, undermine our sovereignty, create illegal business.”

Julius Malema, leader of the Economic Freedom Fighters (EFF), a militant leftwing party, said in a speech in July: “South Africans are not xenophobic. [Operation Dudula] is a group of criminals who are in cahoots with some ministers. They are small boys who must be put in their place.”

Related: Desperate Zimbabweans risk police or crocodiles in bid to reach South Africa

However, in a sign of how politically expedient xenophobia has become in South Africa, even the ostensibly pan-Africanist EFF has campaigned for restaurants to employ more South Africans. Malema visited restaurants last year demanding to see the identity documents of workers as he demanded businesses hire locals.

Amir Sheikh, spokesperson for the African Diaspora Forum, said: “At the end of the day, Dudula will not be the only party that is right wing or anti-immigrant, even including the ruling party, which is leaning towards the right wing.”

Many foreigners are returning home with their families, or moving to more friendly countries, although that is in part due to high crime rates and economic decay, said Sheikh. “Even the locals with the means to travel out of the country are doing so.” By Simon Allison in Johannesburg, Guardian

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