Round Table - Constitutional Mandate of the Council of States

Following series of insecurity incidences that befell the Unity State especially in the Counties of Leer and Mayom in recent months and weeks. The Council of States summoned the State Governor to explain what had happened and what the state government has done to arrest the insecurity?

After much animated deliberations the Council of States in its wisdom in a resolution Number 10/2022 resolved to withdraw confidence in the governor. The Council of State further recommended the removal of the state governor. 

The public as well as the constitutional lawyers and political analysts in the country are divided and questioned the legal competences of the Council of States to pass such a resolution and recommend the removal of the state governor.
The SPLM National Secretariat said that party is still making consultation and stated that any move to impeach the governor must come from the Party. 

On 26 August the Minister in the Office of the president issued a statement the constitutional relationship that exists between the Legislature and the executive which implies that the COS overstepped its mandate. So, was the Council of States’ action legally justified and does it have legal competencies to impeach a state governor?
Listen to the full discussion with Dr Santino Ayuel Longar: Asst. Professor school of Law, Prof. Samson Joseph Taban: Assistant Professor of Law at the University of Juba and  Dr Joseph Geng Akech: Independent Researcher in Human Rights and Constitutional Design.