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2

PREAMBLE

We the people of the Sudan

Grateful to Almighty God who has bestowed upon us the wisdo m and
will to reach a Comprehensive Peace Agreement that has definitively
put an end to the longest running conflict in Afric a,

Having survived the tragic consequences that have charact erized that
debilitating conflict, ِ
Mindful of religious, racial, ethnic and cultural diversity i n the Sudan,

Committed to establish a decentralized multi-party democratic s ystem
of governance in which power shall be peacefully tr ansferred and to
uphold values of justice, equality, human dignity a nd equal rights and
duties of men and women,
Further committed to gearing governance, in the coming phase of our
political advancement, towards the enhancement of e conomic
development, promotion of social harmony, deepening of religious
tolerance and building trust and confidence in the society generally,

Committed to the Comprehensive Peace Agreement of January 20 05,
guided by the 1998 Constitution and the Sudanese constitution al
experience since independence and other relevant ex periences,

Cognizant of conferences and the initiative of inclusive pop ular
dialogue and agreements of peace and national recon ciliation,
particularly the Cairo Agreement signed in June 200 5, and prospects
of other peace agreements to end conflicts in the c ountry,

Do hereby adopt this Constitution as the supreme la w by which the
Republic of the Sudan shall be governed during the Interim Period;
and we undertake to respect and protect it.

3

PART ONE

THE STATE, THE CONSTITUTION AND
GUIDING PRINCIPLES

CHAPTER I
THE STATE AND THE CONSTITUTION

Nature of the State
1 (1) The Republic of the Sudan is an independent, sovereign
State. It is a democratic, decentralized, multi-cul tural, multi-
lingual, multi-racial, multi-ethnic, and multi-reli gious country
where such diversities co-exist.
(2) The State is committed to the respect and promo tion of
human dignity; and is founded on justice, equality and the
advancement of human rights and fundamental freedom s
and assures multi-partism.
(3) The Sudan is an all embracing homeland where re ligions
and cultures are sources of strength, harmony and
inspiration.

Sovereignty
2 Sovereignty is vested in the people and shall be exercised by the
State in accordance with the provisions of this Con stitution and
the law, without prejudice to the autonomy of South ern Sudan and
the states.

Supremacy of the Interim National Constitution
3 The Interim National Constitution shall be the su preme law of the
land. The Interim Constitution of Southern Sudan, s tate
constitutions and all laws shall comply with it.
Fundamental Bases of the Constitution

4 This Constitution is predicated upon and guided by the following
principles:-
(a) the unity of the Sudan is based on the free wi ll of its people,
supremacy of the rule of law, decentralized democra tic
governance, accountability, equality, respect and j ustice,

4
(b) religions, beliefs, traditions and customs are
the source
of moral strength and inspiration for the Sudanese people,
(c) the cultural and social diversity of the Sudane se people is the
foundation of national cohesion and shall not be us ed for
causing division,
(d) the authority and powers of government emanate from the
sovereign will of the people exercised by them thro ugh
referenda and in free, direct and periodic election s conducted
through universal adult suffrage, using secret ball ot.
Sources of Legislation

5 (1) Nationally enacted legislation having effect only in respect of
the Northern states of the Sudan shall have as its sources of
legislation Islamic Sharia and the consensus of the people.
(2) Nationally enacted legislation applicable to So uthern Sudan or
states of Southern Sudan shall have as its sources of
legislation popular consensus, the values and the c ustoms of
the people of the Sudan, including their traditions and religious
beliefs, having regard to Sudan’s diversity.
(3) Where national legislation is currently in oper ation or is to be
enacted and its source is religion or custom, then a state, and
subject to Article 26 (1) (a) herein in the case of Southern
Sudan, the majority of whose residents do not pract ice such
religion or customs may:-

(a) either introduce legislation so as to allow pra ctices or
establish institutions, in that state consistent wi th their
religion or customs, or
(b) refer the law to the Council of States to be ap proved by a
two-thirds majority of all the representatives or i nitiate
national legislation which will provide for such ne cessary
alternative institutions as may be appropriate.
Religious Rights

6 The State shall respect the religious rights to: –
(a) worship or assemble in connection with any reli gion or belief
and to establish and maintain places for these purp oses,
(b) establish and maintain appropriate charitable o r humanitarian
institutions,
(c) acquire and possess movable and immovable prope rty and
make, acquire and use the necessary articles and ma terials
related to the rites or customs of a religion or be lief,

5
(d) write, issue and disseminate religious publicat
ions,
(e) teach religion or belief in places suitable for these purposes,
(f) solicit and receive voluntary financial and oth er contributions
from individuals, private and public institutions,
(g) train, appoint, elect or designate by successio n appropriate
religious leaders called for by the requirements an d standards
of any religion or belief,
(h) observe days of rest, celebrate holidays and ce remonies in
accordance with the precepts of religious beliefs,
(i) communicate with individuals and communities in matters of
religion and belief at national and international l evels.

Citizenship and Nationality
7 (1) Citizenship shall be the basis for equal rig hts and duties for all
Sudanese.
(2) Every person born to a Sudanese mother or fathe r shall have
an inalienable right to enjoy Sudanese nationality and
citizenship.
(3) The law shall regulate citizenship and naturali zation; no
naturalized Sudanese shall be deprived of his/her acquired
citizenship except in accordance with the law.
(4) A Sudanese national may acquire the nationality of
another country as shall be regulated by law.
Language

8 (1) All indigenous languages of the Sudan are nat ional languages
and shall be respected, developed and promoted.
(2) Arabic is a widely spoken national language in the Sudan.
(3) Arabic, as a major language at the national lev el and English
shall be the official working languages of the nati onal
government and the languages of instruction for hig her
education.
(4) In addition to Arabic and English, the legislat ure of any sub-
national level of government may adopt any other na tional
language as an additional official working language at its level.
(5) There shall be no discrimination against the us e of either
Arabic or English at any level of government or sta ge of
education.

6

National Symbols

9 The law shall specify the national flag, nationa l emblem, national
anthem, public seal, medals, national festivals and
commemorations of the State.
[
CHAPTER II
GUIDING PRINCIPLES AND DIRECTIVES

National Economy

10 (1)The overarching aims of economic development shall be
eradication of poverty, attainment of the Millenniu m
Development Goals, guaranteeing the equitable distr ibution of
wealth, redressing imbalances of income and achievi ng a
decent standard of life for all citizens.
(2) The State shall develop and manage the national economy in
order to achieve prosperity through policies aimed at
increasing production, creating an efficient and se lf-reliant
economy and encouraging free market and prohibition of
monopoly.
(3)
The State shall enhance regional economic integrati on.
Environment and Natural Resources
11 (1)The people of the Sudan shall have the right to a clean and
diverse environment; the State and the citizens hav e the duty
to preserve and promote the country’s biodiversity.
(2) The State shall not pursue any policy, or take or permit any
action, which may adversely affect the existence of any
species of animal or vegetative life, their natural or adopted
habitat.
(3) The State shall promote, through legislation, s ustainable
utilization of natural resources and best practices with respect
to their management.
Social Justice

12 (1) The State shall develop policies and strateg ies to ensure social
justice among all people of the Sudan, through ensu ring means
of livelihood and opportunities of employment. The State shall

7
also encourage mutual assistance, self-help, co-ope
ration and
charity.
(2) No qualified person shall be denied access to a profession or
employment on the basis of disability; persons with special
needs and the elderly shall have the right to parti cipate in
social, vocational, creative or recreational activi ties.

Education, Science, Art and Culture

13 (1) (a) The State shall promote education at all levels
all over the Sudan and shall ensure free and compul sory
education at the primary level and in illiteracy er adication
programmes.
(b) Every person or group of persons shall have the right to
establish and maintain private schools and other
educational institutions at all levels in accordanc e with
the conditions and standards provided by law.

(2) The State shall mobilize public, private and po pular resources
and capabilities for education and development of s cientific
research, especially Research and Development.
(3) The State shall encourage and promote craft and arts and
foster their patronization by government institutio ns and
citizens.
(4) The State shall recognize the cultural diversit y of the country
and shall encourage such diverse cultures to harmon iously
flourish and find expression, through the media and
education.
(5) The State shall protect Sudan’s cultural herita ge, monuments
and places of national historic or religious import ance, from
destruction, desecration, unlawful removal or illeg al export.
(6) The State shall guarantee academic freedom in i nstitutions of
higher education and shall protect the freedom of s cientific
research within the ethical parameters of research.

Children, Youth and Sports

14 (1) The State shall adopt policies and provide facilities for child
and youth welfare and ensure that they develop mora lly and
physically, and protect them from moral and physica l abuse
and abandonment.
(2) The State shall promote sports and empower the youth to
develop their potentials.

8
(3) The State shall protect and support popular spo
rts institutions
and guarantee their independence.

Family, Women and Marriage

15 (1) The family is the natural and fundamental un it of the society
and is entitled to the protection of the law; the r ight of man
and woman to marry and to found a family shall be
recognized, according to their respective family la ws, and no
marriage shall be entered into without the free and full
consent of its parties.
(2) The State shall protect motherhood and women fr om
injustice, promote gender equality and the role of women in
family, and empower them in public life.
Morals and Public Integrity

16(1) The State shall enact laws to protect the so ciety from
corruption delinquency and social evils and steer t he society as
a whole towards virtuous social values consistent w ith religions
and cultures of the Sudan.
(2) The State shall enact laws and establish instit utions to
eliminate corruption, inhibit abuse of power and en sure integrity
in public life.
Foreign Policy

17 Foreign policy of the Sudan shall serve the nati onal interest and
shall be conducted independently and transparently with the view
to achieving the following:
(a) promotion of international cooperation, specially within the
United Nations family and other international and r egional
organizations, for the purposes of consolidating un iversal
peace, respect for international law, treaty obliga tions and
fostering a just world economic order,
(b) achievement of African and Arab economic integr ation, each
within the ongoing regional plans and fora as well as
promoting African and Arab unity and Afro-Arab coop eration
as foreseen in those plans,
(c) enhancement of respect for human rights and fun damental
freedoms in regional and international fora,
(d) promotion of dialogue among civilizations and e stablishment
of international order based on justice and common human
destiny,

9
(e) enhancement of economic cooperation among count
ries of
the South,
(f) non-interference in the affairs of other States , promotion of
good-neighbourliness and mutual cooperation with al l
neighbours and maintaining amicable and balanced re lations
with other countries,
(g) combating international and trans-national org anized crime
and terrorism.
Defence of the Country

18 Defence of the Country is an honour and a duty o f every citizen;
the State shall care for the combatants, the afflic ted in war, the
families of martyrs and those missing in action.
Public Health

19 The State shall promote public health and guaran tee equal access
and free primary health care to all citizens.

Fiscal Levies

20 (1) No taxes, fees, tariffs or other fiscal due s, shall be levied save
by law.
(2 ) Zakat is a duty on Muslims; its collection, expenditure and
administration shall be regulated in the Northern s tates by
law.
National Reconciliation

21 The State shall initiate a comprehensive process of national
reconciliation and healing that shall promote natio nal harmony and
peaceful co-existence among all Sudanese.
Saving
22 Unless this Constitution otherwise provides, or a d uly enacted law
guarantees the rights and liberties described in th is Chapter, the
provisions contained in this Chapter are not by the mselves
enforceable in a court of law; however, the princip les expressed
herein are basic to governance and the State is dut y-bound to be
guided by them, especially in making policies and l aws.

10
CHAPTER III
DUTIES OF THE CITIZEN

23 (1) It shall be the duty of every Sudanese citiz en to pledge
allegiance to the Republic of the Sudan, abide by t his
Constitution, respect the institutions created here under and
safeguard the territorial integrity of the country.
(2) In particular every citizen shall:
(a) defend the country and respond to the call for
national service within the terms of this Constitut ion and
the law,
(b) abhor violence, promote harmony, fraternity and
tolerance among all people of the Sudan in order t o
transcend religious, regional, linguistic, and sect arian
divisions,
(c) preserve public funds and assets and respect legal and
financial obligations towards the State,
(d) avert and thwart corruption and sabotage,
(e) participate fully in the development of the country ,
(f) take part in the general elections and referend a as
stipulated in this Constitution and the law,
(g) abide by law and co-operate with the appropriat e
agencies in the maintenance of law and order,
(h) preserve the natural environment,
(i) generally, be guided and informed in his/her a ctions by
the interests of the nation and the principles ensh rined in
this Constitution.

CHAPTER IV
THE DECENTRALIZED SYSTEM OF GOVERNANCE

Levels of Government
24 The Sudan is a decentralized State, with the fol lowing levels
of government: –

(a) The national level of government, which shall e xercise
authority with a view to protecting the national so vereignty and
territorial integrity of the Sudan and promoting th e welfare of its
people,

11
(b) Southern Sudan level of government, which shall
exercise
authority in respect of the people and states in So uthern
Sudan,
(c) The state level of government, which shall exe rcise authority
at the state level throughout the Sudan and render public
services through the level closest to the people,
(d) Local level of government, which shall be throu ghout the
Sudan.
Devolution of Powers

25 The following principles shall guide the devolut ion and distribution
of powers between all levels of government:-
(a) recognition of the autonomy of the Government o f Southern
Sudan and the states,
(b) affirmation of the need for norms and standards of
governance and management at national, Southern Sud an
and state levels, that reflect the unity of the cou ntry while
asserting the diversity of the Sudanese people,
(c) acknowledgement of the role of the State in the promotion of
the welfare of the people and protection of their h uman rights
and fundamental freedoms,
(d) recognition of the need for the involvement and participation
of all Sudanese people, particularly the people of Southern
Sudan, at all levels of government as an expression of the
national unity of the country,
(e) pursuit of good governance through democracy, transparency, accountability and the rule of law at all levels of
government to consolidate lasting peace.

Inter-Governmental Linkages

26(1) In the administration of the decentralized sy stem of the country,
the following principles of inter-governmental link ages shall be
respected:-

(a) the linkage between the national government and the
states in Southern Sudan shall be through the government
of Southern Sudan,
(b) in their relationships with each other or with other
government organs, all levels of government and par ticularly
national, Southern Sudan and state governments s hall
observe the following:-

12
(i) respect each others’ autonomy,
(ii) collaborate in the task of governing and assis
t each
other in fulfilling their respective constitutional
obligations.

(c) government organs at all levels shall perform t heir functions
and exercise their powers so as:-
(i) not to encroach on the powers or functions of other levels,
(ii) not to assume powers or functions conferred up on any
other level except as provided for by this Constitu tion,
(iii) to promote co-operation between all levels of
government,
(iv) to promote open communication between all leve ls of
government,
(v) to render assistance and support to other level s of
government,
(vi) to advance good co-ordination of governmental
functions,
(vii) to adhere to procedures of inter-governmental
interaction,
(viii) to promote amicable settlement of disputes b efore
attempting litigation,
(ix) to respect the status and institutions of othe r levels of
government.
(d) the harmonious and collaborative interaction of the different
levels of government shall be within the context of national
unity and for the achievement of a better quality o f life for all,

(2) Any two or more states may agree on mechanisms or
arrangements to enhance inter-state co-ordination a nd co-
operation.

13
PART TWO
BILL OF RIGHTS
Nature of the Bill of Rights

27 (1)The Bill of Rights is a covenant among the Su
danese people and
between them and their governments at every level a nd a
commitment to respect and promote human rights and
fundamental freedoms enshrined in this Constitution ; it is the
cornerstone of social justice, equality and democra cy in the
Sudan.
(2) The State shall protect, promote, guarantee and implement
this Bill.

(3) All rights and freedoms enshrined in internati onal human rights
treaties, covenants and instruments ratified by the Republic of
the Sudan shall be an integral part of this Bill.
(4) Legislation shall regulate the rights and free doms enshrined in
this Bill and shall not detract from or derogate an y of these
rights.
Life and Human Dignity

28. Every human being has the inherent right to lif e, dignity and the
integrity of his/her person, which shall be protect ed by law; no one
shall arbitrarily be deprived of his/her life.

Personal Liberty

29 Every person has the right to liberty and securi ty of person; no
person shall be subjected to arrest, detention, dep rivation or
restriction of his/her liberty except for reasons and in accordance
with procedures prescribed by law.
.

Sanctity from Slavery and Forced Labour

30 (1) Slavery and slave trade in every form is pro hibited. No person
shall be held in slavery or servitude.
(2) No person shall be required to perform forced o r compulsory
labour except as a penalty upon conviction by a com petent
court of law.

14

Equality before the Law

31 All persons are equal before the law and are ent itled without
discrimination, as to race, colour, sex, language, religious
creed, political opinion, or ethnic origin, to the equal
protection of the law.

Rights of Women and Children

32 (1) The State shall guarantee equal right of men and
women to the enjoyment of all civil, political, soc ial, cultural
and economic rights, including the right to equal p ay for equal
work and other related benefits.
(2) The State shall promote woman rights through af firmative
action.
(3) The State shall combat harmful customs and trad itions which
undermine the dignity and the status of women.
(4) The State shall provide maternity and child car e and medical
care for pregnant women.
(5) The State shall protect the rights of the child as provided in
the international and regional conventions ratified by the
Sudan.
Sanctity from Torture

33 No person shall be subjected to torture or to cruel , inhuman or
degrading treatment.
Fair Trial

34 (1) An accused is presumed to be innocent unt il his/her guilt is
proved according to the law.

(2) Every person who is arrested shall be informed, at the time
of arrest, of the reasons for his/her arrest and s hall be
promptly informed of any charges against him/her .

(3) In all civil and criminal proceedings, every pe rson shall be
entitled to a fair and public hearing by an ordinar y
competent court of law in accordance with procedure s
prescribed by law.

(4) No person shall be charged of any act or omissi on which did
not constitute an offence at the time of its commis sion.

15

(5) Any person shall be entitled to be tried in his
/her presence
in any criminal charge without undue delay; the law shall
regulate trial in absentia.

(6) Any accused person has the right to defend hims elf/herself
in person or through a lawyer of his/her own choic e and to
have legal aid assigned to him/her by the State whe re
he/she is unable to defend himself/herself in serio us
offences.
Right to Litigation

35 The right to litigation shall be guaranteed for all persons; no
person shall be denied the right to resort to justi ce.

Restriction on Death Penalty

36 (1) No death penalty shall be imposed, save as retribution,
hudud or punishment for extremely serious offences in
accordance with the law.

(2) The death penalty shall not be imposed on a per son under
the age of eighteen or a person who has attained th e age of
seventy except in cases of retribution or hudud.

(3) No death penalty shall be executed upon pregnan t or
lactating women, save after two years of lactation.

Privacy
37 The privacy of all persons shall be inviolable; no person shall be
subjected to interference with his/her private lif e, family, home
or correspondence, save in accordance with the law.

Freedom of Creed and Worship
38 Every person shall have the right to the freedom of religious
creed and worship, and to declare his/her religion or creed and
manifest the same, by way of worship, education, pr actice or
performance of rites or ceremonies, subject to requ irements of
law and public order; no person shall be coerced to adopt such
faith, that he/she does not believe in, nor to prac tice rites or
services to which he/she does not voluntarily conse nt.

16

Freedom of Expression and Media

39 (1) Every citizen shall have an unrestricted rig ht to the freedom of
expression, reception and dissemination of informat ion,
publication, and access to the press without prejud ice to
order, safety or public morals as determined by law .
(2) The State shall guarantee the freedom of the pr ess and other
media as shall be regulated by law in a democratic society.
(3) All media shall abide by professional ethics, s hall refrain from
inciting religious, ethnic, racial or cultural hatr ed and shall not
agitate for violence or war.

Freedom of Assembly and Association
40 (1)The right to peaceful assembly shall be gua ranteed; every
person shall have the right to freedom of associati on with
others, including the right to form or join politic al parties,
associations and trade or professional unions for t he
protection of his/her interests.

(2) Formation and registration of political parties , associations
and trade unions shall be regulated by law as is ne cessary
in a democratic society.

(3) No association shall function as a political pa rty at
national, Southern Sudan or state level unless it h as:-

(a) its membership open to any Sudanese irrespectiv e of
religion, ethnic origin or place of birth,
(b) a programme that does not contradict the provis ions
of this Constitution,
(c) democratically elected leadership and instituti ons,
(d) disclosed and transparent sources of funding.
Right to Vote
41 (1) Every citizen shall have the right to take p art in the conduct
of public affairs, through voting as shall be regul ated by law.

(2) Every citizen who has attained the age specifie d by this
Constitution or the law, shall have the right to el ect and be
elected in periodic elections, through universal ad ult
suffrage in secret ballot, which shall guarantee th e free
expression of the will of the electorate.

17
Freedom of Movement and Residence
42 (1) Every citizen shall have the right to freedo
m of movement and
the liberty to choose his/her residence except for reasons of
public health and safety as shall be regulated by l aw.

(2) Every citizen shall have the right to leave the country as shall
be regulated by law and shall have the right of ret urn.

Right to Own Property

43 (1) Every citizen shall have the right to acquir e or own property
as regulated by law.
(2) No private property may be expropriated save by law in the
public interest and in consideration for prompt and fair
compensation. No private property shall be confisca ted save
by an order of a court of law.
Right to Education

44 (1) Education is a right for every citizen and t he State shall
provide access to education without discrimination as to
religion, race, ethnicity, gender or disability.
(2) Primary education is compulsory and the State sh all
provide it free.

Rights of Persons with Special Needs and the Elderl y

45 (1) The State shall guarantee to persons with special needs the
enjoyment of all the rights and freedoms set out in this
Constitution; especially respect for their human di gnity,
access to suitable education, employment and full
participation in society.
(2) The elderly shall have the right to the respect of their dignity.
The State shall provide them with the necessary car e and
medical services as shall be regulated by law.

Public Health Care
46 The State shall promote public health, establish , rehabilitate,
develop basic medical and diagnostic institutions, provide free
primary health care and emergency services for all citizens.

18
Ethnic and Cultural Communities
47 Ethnic and cultural communities shall have the r
ight to freely enjoy
and develop their particular cultures; members of s uch
communities shall have the right to practice their beliefs, use their
languages, observe their religions and raise their children within
the framework of their respective cultures and cust oms.

Sanctity of Rights and Freedoms
48 Subject to Article 211 herein, no derogation fro m the rights and
freedoms enshrined in this Bill shall be made. The Bill of Rights
shall be upheld, protected and applied by the Const itutional Court
and other competent courts; the Human Rights Commis sion shall
monitor its application in the State pursuant to Ar ticle 142 herein.

19
PART THREE

THE NATIONAL EXECUTIVE
CHAPTER I
THE NATIONAL EXECUTIVE AND ITS POWERS Composition of the National Executive

49. The National Executive shall consist of the Pre sidency of the
Republic and the National Council of Ministers.
Powers of the National Executive

50. The National Executive shall exercise the execu tive powers in
Schedules A and D, read together with Schedules E a nd F herein
and the competences conferred upon it by this Const itution.
CHAPTER II
THE PRESIDENCY OF THE REPUBLIC

Composition of the Presidency
51 (1) The Presidency of the Republic shall consist of the
President of the Republic and two Vice Presidents.

(2) There shall be partnership and collegial decisi on-making
within the Presidency in order to safeguard stabili ty in the
country and implement the Comprehensive Peace
Agreement.
The President of The Republic

52 There shall be a President for the Republic of t he Sudan to be
directly elected by the people in national election s according to the
law and the regulations set by the National Electio ns Commission
.

Eligibility for the President of the Republic

53 A candidate for the office of the President of t he Republic shall:-
( a) be a Sudanese by birth,
( b) be of sound mind,

20
(
c) be at least forty years of age,
( d) be literate ,
( e) not have been convicted of an offence involving honesty or
moral turpitude.

Nomination and Election of the President of the Rep ublic

54 (1) Any eligible voter may nominate whoever he/she deems fit for
the office of the President of the Republic; howeve r, the
Presidential candidate shall be seconded by a numbe r of
eligible voters as specified by law.

(2) The Presidential candidate who wins more than f ifty percent
of the total votes of the polling electorate shall be the
President elect.

(3) Where the percentage mentioned in sub-Article ( 2) above is
not attained, there shall be a run-off election bet ween the two
presidential candidates who have obtained the highe st
number of votes.
Postponement of Elections of the President

55 (1) Where election of the President of the Repub lic is not
possible for any reason, as shall be decided by the National
Elections Commission according to the election law, the
National Elections Commission shall fix a new date for the
elections as soon as practicable, but not later tha n sixty days
from the scheduled election date.

(2) Pending the holding of the postponed elections, the
incumbent President of the Republic shall continue as a
caretaker President; and his tenure shall be extend ed until
the President elect takes the oath of office.

Oath of the President

56 To assume office, the President of the Republic elect shall take
the following oath before the National Legislature: –

“ I……….………….swear by Almighty God, that as the Pres ident
of the Republic of the Sudan, I shall be faithful a nd bear true
allegiance to the Republic of the Sudan and shall d iligently and
honestly discharge my duties and responsibilities i n a
consultative manner to foster the welfare and devel opment of the
nation; that I shall obey, preserve and defend the Constitution

21
and abide by the laws of the Republic; and shall pr
otect the
sovereignty of the country, promote its unity, cons olidate the
democratic decentralized system of government and p reserve
the integrity and dignity of the people of the Suda n; and God is
my witness ”.
Tenure of Office of the President of the Republic

57 The tenure of office of the President of the Rep ublic shall be five
years, commencing from the date of assumption of of fice, and the
same President may be re-elected for one more term only.
Functions of the President of the Republic

58 (1) The President of the Republic is the Head of the State and
Government and represents the will of the people an d the
authority of the State; he/she shall exercise the p owers
vested in him/her by this Constitution and the
Comprehensive Peace Agreement and shall, without
prejudice to the generality of the foregoing, perfo rm the
following functions:-

(a) preserve the security of the country and protect it s
integrity,
(b) supervise the executive constitutional institut ions and
provide exemplary leadership in public affairs,
(c) appoint holders of constitutional and judicial posts in
accordance with the provisions of this Constitution and
the law,
(d) preside over the National Council of Ministers,
(e) summon, adjourn or prorogue the National Legisl ature,
(f) declare war in accordance with this Constitutio n and the
law,
(g) declare and terminate the state of emergency in
accordance with the provisions of this Constitution and
the law,
(h) initiate constitutional amendments and legislat ions and
assent to laws,
(i) approve death sentences, grant pardon, lift con victions
and remit penalties according to this Constitution and the
national law,
(j) represent the State in its foreign relations, a ppoint
ambassadors of the State and accept credentials of
foreign ambassadors,

22
(k) direct and supervise the foreign policy of the
State and
ratify treaties and international agreements with t he
approval of the National Legislature,
(l) seek the opinion of the Constitutional Court on any
matter in connection with the Constitution,
(m) any other functions as may be prescribed by thi s
Constitution or the law.

(2) Notwithstanding sub-Article (1) above, the Pres ident of the
Republic shall, in respect of the following matters , take
decisions with the consent of the First Vice Presid ent:-

(a) declaration and termination of a state of emerg ency,
(b ) declaration of war,
(c) appointments that the President of the Republic is
required to make according to Appendix B1 of the
Comprehensive Peace Agreement,
(d) summoning, adjourning or proroguing the National
Legislature.

Vacancy of the Office of the President of the Repub lic

59 The Office of the President of the Republic shall fall vacant in any
of the following cases:-

(a) expiry of his/her tenure of office,
(b) death,
(c) mental infirmity or physical incapacity as det ermined by a
resolution of the National Legislature adopted by a three-
quarters majority of all members,
(d) impeachment in accordance with the provisions o f this
Constitution,
(e) submission of his/her resignation to the Nati onal Legislature.

Immunity and Impeachment of the President and the F irst Vice
President

60 (1) The President of the Republic and the First Vice President
shall be immune from any legal proceedings and shal l not be
charged or sued in any court of law during their te nure of
office.
(2) Notwithstanding sub-Article (1) above, and in c ase of high
treason, gross violation of this Constitution or gr oss
misconduct in relation to State affairs, the Presid ent or the
First Vice President may be charged before the Cons titutional

23
Court upon a resolution passed by three quarters of
all
members of the National Legislature.
(3) In the event of conviction of the President of the Republi c or
the First Vice President, in accordance with sub-Ar ticle (2)
above, he/she shall be deemed to have forfeited his /her
office.

Contesting Acts of the President or the Presidency

61 Any person aggrieved by an act of the President of the Republic
or the Presidency may contest such act:-

(a) before the Constitutional Court, if the alleged act involves a
violation of this Constitution, the Bill of Rights, the
decentralized system of government, or the Comprehe nsive
Peace Agreement,

(b) before a competent court of law, if the allegati on is based on
other legal grounds.
The two Vice Presidents, Assistants and Advisors

62 (1) The elected President of the Republic shall appoint two Vice
Presidents, one from Southern Sudan and the other f rom
Northern Sudan. If the elected President is from th e North,
the position of the First Vice President shall be f illed by the
person who has been elected to the post of Presiden t of
Government of Southern Sudan, as the President’s ap pointee
to the said position. In the event that a person fr om the South
wins the Presidential elections, the elected Presid ent shall
appoint the First Vice President from the North upo n the
recommendation of the party that won the highest nu mber of
northern seats in the National Assembly.
(2) The two Vice Presidents shall satisfy the same conditions
required for the office of the President of the Rep ublic.
(3) The President of the Republic may appoint assis tants and
advisors and define their functions and seniorities .
(4) To assume their respective offices, the two Vic e Presidents,
assistants and advisors shall take before the Presi dent of the
Republic the same oath taken by the President.
Functions of the two Vice Presidents

63 (1) The First Vice President shall have the fol lowing functions:-

24
(a) act in the absence of the President of the Repu
blic in
accordance with the provisions of this Constitution ,
(b) membership of the National Council of Ministers ,
(c) membership of the National Security Council,
(d) membership of the Presidential Council in the p re-
election period,
(e) chairmanship of the Presidential Council in the post
election period in the event of the office of the P resident
falling vacant,
(f) any other function or duty that may be assigned to
him/her by the President of the Republic.

(2) The Vice President shall have the following fun ctions:-
(a) act in the absence of the President of the Repu blic and
the First Vice President in accordance with the pro visions
of this Constitution,
(b) membership of the National Council of Ministers ,
(c) membership of the Presidential Council and Commander-in-Chief of Sudan Armed Forces should the
office of the President of the Republic fall vacant
according to Articles 65 and 66 herein,
(d) membership of the National Security Council,
(e) any other function or duty that may be assigned to
him/her by the President taking into account the
hierarchy within the Presidency.

Vacancy of the Office of the First Vice President

64. Should the office of the First Vice President f all vacant, the
President of the Republic shall appoint a new First Vice President
in accordance with this Constitution.
CHAPTER III
INTERIM PROVISIONS FOR
THE PRESIDENCY OF THE REPUBLIC

The Incumbent President and the First Vice Presiden t

65. Prior to the elections that shall be held during the interim period:-

25
(a) the incumbent President of the Republic, or his
successor,
shall be the President and Commander-in-Chief of th e Sudan
Armed Forces in accordance with this Constitution,

(b) the Chairman of the Sudan People’s Liberation Move ment, or
his successor, shall be the First Vice President an d shall at
the same time be the President of Government of Sou thern
Sudan and Commander-in-Chief of the Sudan People’s
Liberation Army in accordance with this constitutio n.
Vacancy of the Office of the President before Elect ions

66. Should the Office of the President of the Republic fall vacant
before the elections:-
(a) the functions of the President of the Republic shall be
assumed by a Presidential Council comprising the Sp eaker of
the National Assembly and the two Vice Presidents,
(b) the Speaker of the National Assembly shall be c hairperson to
the Presidential Council,
(c) the Presidential Council shall take its decisio ns by consensus,
(d) the Vice President shall be Commander-in-Chief of the Sudan
Armed Forces,
(e) notwithstanding Article 52 above or any other p rovision in this
Constitution, the Office of the President shall be filled by the
nominee of the National Congress Party within two w eeks of
the date of the occurrence of such vacancy.

Vacancy of the Office of the President after Electi ons
67. Should the office of the President of the Republic fall vacant after
the elections:-

(a) the functions of the President of the Republic shall be
assumed by the Presidential Council referred to in Article 66
(a) above,
(b) the First Vice President shall be the chairpers on of the
Presidential Council,
(c) the Presidential Council shall take its decisio ns by consensus,
(d) the First Vice President or the Vice President, whoever of
them is from the North, shall be the Commander-in-C hief of
the Sudan Armed Forces,
(e) the Post of the President of the Republic shall be filled
through elections that shall be conducted within si xty days in
accordance with Article 52 of this Constitution.

26
Vacancy
of the Office of the First Vice President before El ections
68 Should the office of the First Vice President fa ll vacant prior to
elections, it shall be filled by the nominee of the Sudan People’s
Liberation Movement within two weeks of the occurre nce of that
vacancy.

Interim Provisions for Tenure of Office of the Pres ident
and the First Vice President

69 (1) Should the outcome of the referendum on self -determination
confirm unity, the President of the Republic and th e First Vice
President shall complete the tenure of their office s.
(2) In the event of a vote for secession by the peo ple of Southern
Sudan, the President of the Republic shall continue in office if
he/her is from the North; however, if the President is from the
South he/she shall be deemed to have resigned and t he First
Vice President shall assume the office of the Presi dent of the
Republic to complete the tenure to the next electio ns.

CHAPTER IV
THE NATIONAL COUNCIL OF MINISTERS

Composition and Competences of the National Council of
Ministers
70 (1) The President of the Republic shall, after consulta tion within
the Presidency, appoint the National Council of Min isters.
(2) The President of the Republic and the two Vice Presidents
shall be members of the National Council of Ministe rs.
(3) Without prejudice to the powers vested in the P resident of the
Republic and the Presidency under this Constitution ,
decisions of the Council of Ministers shall prevail over all
other executive decisions.
(4) The National Council of Ministers shall be the national
executive authority in the State in accordance with the
provisions of this Constitution and the law; its de cisions shall
be adopted by consensus or by simple majority.
(5) There shall be national State ministers appoint ed by the
President of the Republic, after consultation withi n the
Presidency; they shall assist the national minister s and may
act in their absence.

27
(6) The national State ministers shall take the sam
e oath of office
of the national minister.

Oath of the National Minister

71 The national minister shall, upon his/her appoin tment, assume the
functions of his/her office by taking the followin g oath before the
President of the Republic:-

“I ………..………… having been appointed a national minister,
do hereby swear by Almighty God that I will at all times be
faithful to the Republic of the Sudan; that I will obey, respect,
and uphold the Constitution and abide by all laws o f the country,
loyally defend its independence, promote its unity and the
democratic decentralized system of government estab lished by
the Constitution, and to faithfully serve the peopl e and the
country to the best of my ability; and God is my w itness”.
Functions of the National Council of Ministers

72 The National Council of Ministers shall have the following
functions:-
(a) planning State policy,
(b) implementation of the Comprehensive Peace Agree ment,
(c) initiation of national legislative bills, natio nal budget,
international treaties, bilateral and multilateral agreements,
(d) receiving reports about national ministerial pe rformance for
review and action,
(e) receiving reports on executive performance of s tates for
purposes of information and coordination, provided that in
case of the states of Southern Sudan, reports shall be
received through the Government of Southern Sudan,
(f) receiving reports on matters that are concurren t or residual
and decides whether it is competent to exercise suc h power
in accordance with Schedules E and F herein. If it so decides,
it shall notify the other levels of government of i ts intention to
exercise such power. In case any other level of gov ernment
objects thereto, a committee shall be set up by the levels
concerned to amicably resolve the matter before res orting to
the Constitutional Court,
(g) any other functions assigned thereto by the Pre sident of the
Republic and the law.

28
Functions of the National Minister

73 (1) The national minister shall be the head of
his/her ministry, and
his/her decisions shall prevail therein. However, t he National
Council of Ministers may review such decisions; the President
of the Republic may suspend the decision of a natio nal
minister pending such review.

(2) The national minister and corresponding ministe rs of
Government of Southern Sudan and states shall colla borate
and establish relations among themselves in fulfill ing their
respective constitutional obligations.

(3) Perform any public or political role and provid e leadership in
public affairs to achieve the objectives of nationa l policy.

(4) Any other functions or powers assigned by law o r delegation.
Collective and Individual Responsibility of Nationa l
Ministers

74 (1) The national minister shall be answerable to the President of
the Republic, the National Council of Ministers and the
National Assembly.
(2) The national ministers shall be collectively an d individually
responsible before the National Assembly for the
performance of the National Council of Ministers.

(3) The national minister shall be bound by the dec isions of the
National Council of Ministers.
Declaration of Wealth and Prohibition of Private
Business

75 (1) All executive and legislative constitutional office holders,
Justices, and senior civil service officials shall, upon
assumption of their offices, make confidential decl arations of
their assets and liabilities including those of the ir spouses and
children in accordance with the law.

(2) The President of the Republic, the two Vice Pre sidents,
assistants and advisors, the President of Governmen t of
Southern Sudan, national ministers, and other const itutional
office holders shall, during their tenure of office s, neither
practice any private profession, transact commercia l
business, nor receive compensation or accept employ ment of
any kind from any source other than the National

29
Government, the Government of Southern Sudan or a s
tate
government as the case may be.

Vacancy of the Office of the National Minister
76 The office of the national minister shall fall v acant in any of the
following cases:-
(a) acceptance of resignation by the President of t he Republic,
(b) relief from office by the President of the Repu blic after
consultation within the Presidency,
(c) death.

Confidentiality of Deliberations of the National Co uncil of
Ministers
77 Deliberations of the National Council of Ministers shall be
confidential; no minister shall disclose, communica te or reveal
such deliberations save by permission of the Counci l of Ministers.

Contesting Ministerial Acts
78 Any person aggrieved by an act of the National C ouncil of
Ministers or a national minister may contest such a ct:
(a) before the Constitutional Court, if the alleged act involves a
violation of this Constitution, the Bill of Rights, the
decentralized system of government, or the Comprehe nsive
Peace Agreement,
(b) before the competent authority or court of law if the allegation
is based on other legal grounds.

CHAPTER V
THE GOVERNMENT OF NATIONAL UNITY

Objectives of the Government of National Unity
79 Prior to the elections and notwithstanding Artic le 70 (1) of this
Constitution, the President of the Republic, in con sultation with the
First Vice President, shall form a Government of Na tional Unity,
which shall implement the Comprehensive Peace Agree ment,
reflecting the need for inclusiveness, the promotio n of national
unity and the protection of national sovereignty.

30

Allocation of Seats of Government of National Unity

80 The seats of the Government of National Unity sh all be allocated
according to the seventy percent to thirty percent North/South
ratio, as follows:-
(a) the National Congress Party shall be represente d by fifty two
percent (forty-nine percent for Northerners and thr ee percent
for Southerners),
(b) the Sudan People’s Liberation Movement shall be
represented by twenty eight percent (twenty-one per cent for
Southerners and seven percent for Northerners),
(c) other Northern Political forces shall be repres ented by
fourteen percent,
(d) other Southern Political forces shall be represe nted by six
percent.
Sharing of National Ministerial Portfolios
81 Portfolios in the National Council of Ministers, as clustered in
Appendix (D) of the Comprehensive Peace Agreement, shall be
shared equitably and qualitatively in accordance wi th the
provisions of Article 80 above.
Duties of the Government of National Unity

82 The Government of National Unity shall undertake the following
duties:-
(a) administration and functioning of the State and the
formulation and implementation of national policies in
accordance with the provisions of this Constitution ,
(b) establishment of a decentralized democratic sys tem of
governance taking into account the cultural, ethnic , racial,
religious, and linguistic diversity and gender equa lity,
(c) implementation of the Comprehensive Peace Agree ment in a
manner that makes the unity of the Sudan an attract ive option
especially to the people of Southern Sudan, and pav e the
way for the exercise of the right of self-determina tion
according to Part Sixteen of this Constitution,
(d) implementation of an information campaign thro ughout the
Sudan in all national languages to popularize the
Comprehensive Peace Agreement, foster national unit y,
reconciliation and mutual understanding,

31
(e) taking all necessary measures to ensure that pe
ace and
stability prevail throughout the country,
(f) devising a comprehensive solution that addresse s economic
and social problems, replacing conflict not just wi th peace, but
also with social, political and economic justice an d respect the
fundamental freedoms and rights of the people of th e Sudan,
(g) formulation of a repatriation, relief, rehabili tation,
resettlement, reconstruction and development plan t o address
the needs of the areas affected by the conflict and redress the
imbalances in development and resource allocation

.

32
PART FOUR
THE NATIONAL LEGISLATURE

CHAPTER I
COMPOSITION AND FUNCTIONING OF THE NATIONAL LEGISLATURE

Composition of the National Legislature
83 (1) There shall be established a National Legisl ature composed
of the following two chambers:-
(a) The National Assembly and
(b) The Council of States.

(2) The National Legislature shall conduct its busi ness as
prescribed in this Constitution in joint sittings o f the two
Chambers, chaired by the Speaker of the National As sembly
and deputized by the Speaker of the Council of Stat es.

(3) Vote count shall be separate for each Chamber a nd governed
by the quorum specified in this Constitution.

(4) Each Chamber shall sit separately to conduct it s business as
prescribed in this Constitution.

(5) The National Legislature, as well as each of it s Chambers,
shall make its own internal regulations.
Composition of the National Assembly

84 (1) The National Assembly shall be composed of m embers
elected in free and fair elections.
(2) The National Elections Law shall determine the number of
members and composition of the National Assembly.
Composition of the Council of States

85 (1) The Council of States shall be composed of t wo
representatives from each state, elected by the sta te
legislature in accordance with the National Electio ns Law and
regulations set forth by the National Elections Com mission.
(2) Abyei Area shall have two observers at the Coun cil of States,
elected by Abyei Area Council.

33

Eligibility for Membership of the National Legislat
ure

86 (1) The candidate for membership of either Chamb er of the
National Legislature shall:-
(a) be a Sudanese,
(b) be at least twenty-one years of age,
(c) be of sound mind,
(d) be literate,
(e) not have been convicted during the previous sev en years
of an offence involving honesty or moral turpitude.
(2) Membership of the National Assembly shall not b e combined
with representation at the Council of States.
(3) Members of Southern Sudan Assembly or Executive ,
Governors and members of state legislatures or exec utives,
shall not be eligible for membership of the Nationa l
Legislature while occupying any of the aforemention ed
positions.
(4) Representation at the Council of States shall n ot be combined
with membership of the National Council of Minister s.
Lapse of Membership of the National Legislature

87 (1) Membership of the National Legislature shall lapse by a
resolution passed by the appropriate Chamber in any of the
following cases:-

(a) mental infirmity or physical incapacity,
(b) conviction for an offence involving honesty or moral
turpitude,
(c) absence from one full session of the appropriat e
Chamber without permission or acceptable excuse,
(d) announcement of his/her written resignation in the
appropriate Chamber,
(e) change of political affiliation, identity or pa rty on which
he/she was elected to the National Assembly,
(f) relief by the appropriate state legislature by a decision
supported by two-thirds of its members in the case of
representatives at the Council of States,
(g) assumption of the office of minister in the Gov ernment of
Southern Sudan, Governor or state minister,
(h) death.

34
(2) Upon vacation of the seat of a member or repre
sentative,
his/her successor shall be elected in the appropria te manner
prescribed by this Constitution within a period of ninety days.
Seat of the National Legislature

88 (1) The National Legislature shall convene at t he seat of the
National Assembly. However, the two Speakers may ag ree,
for exceptional reasons, to convene a sitting of th e National
Legislature elsewhere.
(2) The National Assembly shall convene at its seat in
Omdurman; however its Speaker may exceptionally cal l it to
convene elsewhere.
(3) The Council of States shall have its seat in Om durman,
however, it may also hold sessions in the Capital C ity of
Southern Sudan or of any state, as may be decided b y its
Speaker or the majority of the representatives.

Oath of Member of the National Legislature

89 To assume his/her functions, every member of the National
Legislature shall take the following oath before th e appropriate
Chamber:

“I………….……..having been elected as Member of t he National
Assembly / Representative at the Council of States, do hereby
swear by Almighty God that I will bear faith and al legiance to the
Republic of the Sudan and its people; that I will o bey and,
respect the Constitution of the country and abide b y the law; and
that I will faithfully and conscientiously discharg e my duties as a
member of the National Legislature and serve the pe ople to the
best of my ability; and God is my witness”.

Term of the National Legislature

90 The term of each Chamber of the National Legisla ture shall be five
years commencing from the date of its first sitting .
Functions of the National Legislature

91 (1) The National Legislature represents the will of the people and
shall foster national unity, exercise national legi slative
functions, oversee the National Executive, and prom ote the
decentralized system of government.

35
(2) Without prejudice to the generality of sub-Arti
cle (1) above, the
National Legislature shall convene for the followin g purposes
to:-
(a) amend this Constitution and approve amendments
affecting the Comprehensive Peace Agreement that ar e
presented by its signatories in accordance with Art icle 224
of this Constitution,
(b) discuss addresses by the President of the Rep ublic,
(c) authorize annual allocation of resources and re venues, in
accordance with Article 110 of this Constitution,
(d) reconsider a bill which has been rejected by th e President
of the Republic under Article 108 (2) herein,
(e) promulgate the Southern Sudan Referendum Act pr ovided
for in Article 220 (1) herein,
(f) approve declaration of war,
(g) confirm declaration of state of emergency or te rmination
thereof,
(h) impeach the President of the Republic or the Fi rst Vice
President,
(i) perform any other function determined by this C onstitution
or law.
(3) The National Assembly shall be competent to: (a) assume legislation in all national powers, subj ect to sub-
Article (5) (b),
(b) approve plans, programmes and policies relating to the
State and society,
(c) approve the annual national budget,
(d) ratify international treaties, conventions and agreements,
(e) oversee the performance of the National Executi ve,
(f) adopt resolutions on matters of public concern,
(g) summon national ministers to present reports on the
executive performance of the government in general or of
specified ministries or particular activities,
(h) interrogate, at will, national ministers about their
performance or the performance of their ministries and
may recommend to the President of the Republic, in a
subsequent sitting, the removal of a national minis ter, if
he/she is deemed to have lost the confidence of the
National Assembly.
(4) The Council of States shall be competent to: (a) initiate legislations on the decentralized syst em of
government and other issues of interest to the stat es and

36
pass such legislations with two-thirds majority of
all
representatives,
(b) issue resolutions and directives that may guide all levels of
government in accordance with the provisions of Art icles
24, 25 and 26 of this Constitution,
(c) approve by two-thirds majority of all represent atives, the
appointment of the Justices of the Constitutional C ourt,
(d) approve, by a two-thirds majority, national le gislation
referred to in Article 5 (3) (a) of this Constituti on or initiate
national legislation which will provide for such ne cessary
alternative institutions, according to Article 5 (3 ) (b) of this
Constitution, as appropriate,
(e) supervise the National Reconstruction and Devel opment
Fund,
(f) decide on objections by states referred to it b y the National
Petroleum Commission according to the provisions of
Article 191 (4) (d) of this Constitution,
(g) request statements from national ministers conc erned
regarding effective implementation of the decentral ized
system and devolution of powers.
(5) While sitting separately to transact business t hat falls within its
competence, each Chamber shall observe the followin g rules:-
(a) any bill on a matter falling within the compete nce of either
Chamber, shall be tabled in that Chamber,
(b) a bill passed by the National Assembly shall be referred to
a standing Inter-Chamber Committee for scrutiny and
decision on whether it affects the interests of the states.
Should the Committee decide that the bill affects t he
interest of the states, the bill shall be referred to the
Council of States,
(c) should the Council of States introduce any amen dments in
the referred bill, by a two-thirds majority of the
representatives or pass it as is, the bill shall be sent to the
President of the Republic for his/her assent withou t being
returned to the National Assembly,
(d) no Chamber shall discuss any business of which the other
Chamber is seized, until it is finally referred to it.
Immunity of Members of the National Legislature

92 (1) Except where he/she is caught in the act of crime, no criminal
proceedings shall be initiated against a member of the National
Legislature; neither shall any measure be taken aga inst his/her

37
person or belongings without permission from the Sp
eaker of
the appropriate Chamber.

(2) In case the member or representative is charged with a serious
crime the appropriate Chamber may waive the immunit y of the
accused member or representative.

Sessions of the National Legislature

93 (1) Each Chamber of the National Legislature sh all hold its first
sitting upon convocation by the President of the Republic w ithin
thirty days following the official declaration of t he results of the
elections. The first sitting shall be chaired by th e eldest of the
members/ representatives present.
(2) Without prejudice to Article 58(2) (d), each Ch amber shall
determine the commencement and closure dates of its
sessions.
(3) Either Chamber may convene an emergency or extr aordinary
session on the request of half of its members or
representatives or upon call from the President of the Republic.
Officers of the National Legislature

94 (1) Each Chamber shall have a Speaker and Deputy Speakers to
be elected from among its members at the first sitt ing.
(2) The Speaker shall preside over sittings of his/ her Chamber,
control order and supervise the administrative affa irs thereof.
He/she shall represent the Chamber inside and outsi de the
Sudan.
(3) Each Chamber of the National Legislature shall elect its
leaders, chairpersons and members of the specialize d
committees and any other committee as may be determ ined
by the internal regulations.
(4) The Speaker shall, upon approval of his/her Cha mber,
appoint a Secretary General for the Chamber; who sh all not
be a member or a representative. The Secretary Gene ral
shall be responsible for preparing the sessions of the
Chamber and running its administrative affairs unde r the
supervision of the Speaker.
(5) The National Assembly may consider broad inclus iveness in
the apportionment of its positions.

38
Committees of the National Legislature
95 (1) Each Chamber, in accordance with its intern
al regulations,
shall have standing specialized committees and ad h oc
committees.
(2) The two Chambers may form inter-chamber standin g or ad hoc
committees for specific matters that are of concern to the two
Chambers.

Regulations of the National Legislature
96 (1) Each Chamber of the National Legislature sh all, on the
initiative of its Speaker, make regulations for the conduct of
its business.
(2) The National Legislature shall make internal re gulations on
the initiative of the Speakers of the two Chambers.

Quorum
97 (1) The ordinary quorum for the sittings of the National Assembly
shall be more than half of the members; however, in ternal
regulations may provide for a reduced quorum that m ay not
apply for the final presentation of bills.
(2) The quorum for the sittings of the Council of S tates shall be
more than half of the representatives .

Publicity of Sittings of the National Legislature
98 The sittings of the National Legislature and eit her of the two
Chambers shall be open to the public; their proceed ings shall be
published and may also be broadcast. However, the N ational
Legislature or either Chamber, may decide according to its
internal regulations that certain deliberations tak e place in camera.

Passing Legislative Resolutions

99 Resolutions of the National Legislature and eith er Chamber shall,
whenever possible, be taken by unanimity or consens us.
Alternatively, resolutions shall be passed by simpl e majority of
those present, save in cases where this Constitutio n provides
otherwise
.
[

39
Prerogative of Members of the National Legislature
100. Members of the National Legislature shall fre
ely and responsibly
express their opinions, subject only to the provisi ons of the
regulations of the appropriate Chamber. No legal pr oceedings
shall be initiated against any member, nor shall he /she be
accountable before any court of law only by reason of views or
opinions that he/she may have expressed in the cour se of
performing his/her duties.

Address by the President of the Republic

101 The President of the Republic may personally o r by a message
address the National Legislature or any of its Cham bers. The
National Legislature shall accord priority to such request over
any other business. The President of the Republic m ay also
request the opinion of the National Legislature on any subject.

Addresses by the Two Vice Presidents and Statements
by National Ministers and Governors

102 (1) Any of the two Vice Presidents of the Republic or the
President of the Government of Southern Sudan may
request to address either Chamber of the National
Legislature. The concerned Chamber shall provide an
opportunity for hearing such address as promptly as
possible.
(2) A national minister may request to deliver a statemen t
before either Chamber of the National Legislature, whereas
a Governor may request to make a statement before the
Council of States.

Addressing Questions by Members of the National
Legislature

103 Members of the National Legislature may, in eit her Chamber,
within the competence of that Chamber and subject t o its
regulations, address questions to a national minist er on any
subject relating to his/her duties; the said minist er shall provide
the appropriate Chamber with a prompt reply.

40

Requesting Statements

104 Subject to the regulations of the concerned Cha
mber, either
Chamber of the National Legislature or any of its c ommittees
may request a national minister to deliver a statem ent on any
matter of concern.

General Summons
105 (1) The National Assembly or any of its committ ees may
summon any public official or any person, other tha n the
President of the Republic and the two Vice Presiden ts to
testify before it, give opinion to the Assembly or any of its
committees.
(2) Inquiry on any matter that falls within the dir ect responsibility
of the National Executive may only be made after no tifying
the President of the Republic.

Tabling of Bills
106 (1) The President of the Republic, the Presiden cy, the National
Council of Ministers, a national minister or a comm ittee of the
National Legislature may table a bill before either Chamber of
the National Legislature subject to their respectiv e
competences.
(2) A member of the National Legislature may table a private bill
before the Chamber to which he/she belongs on a mat ter that
falls within the competence of that Chamber.
(3) A private member bill shall not be tabled befor e the
appropriate Chamber save after being referred to th e
concerned committee to determine whether it involve s an
issue of important public interest.

Procedures for Presentation and Consideration of Bi lls
107 (1) Bills presented to either Chamber of the National Legislature
shall be submitted for the first reading by being c ited by title
and thereby deemed to be tabled with the appropriat e
Chamber. The bill shall then be submitted for a sec ond
reading for general deliberation and approval in pr inciple.
Should the bill be passed in the second reading, th ere shall
be a third reading for deliberation in detail and i ntroduction of,
and decision upon, any amendment. The bill shall th en be
submitted in its final form for the final reading, at which stage

41
the text of the bill shall not be subject to furthe
r discussion
and shall be passed section by section and then pas sed as a
whole.

(2) After the first reading, the Speaker shall refe r the bill to the
appropriate committee which shall make a general ev aluation
report for the purpose of the second reading. The c ommittee
shall also present a report on the amendments that the
committee might or might not have endorsed in the t hird
reading; the Speaker may also refer the bill once a gain to the
appropriate committee to prepare a report on the fi nal drafting
in preparation for the final reading.
(3) The Speaker or the appropriate committee, may seek expert
opinion on the viability and rationale of the bill; an interested
body may also be invited to present views on the im pact and
propriety of the bill.
(4) The Chamber may by a special resolution, decide on any bill
as a general committee or by summary proceedings.
Assent of the President of the Republic

108 (1) Any bill approved by the National Legislatu re shall not
become law unless the President of the Republic ass ents to it
and signs it into law. If the President withholds a ssent for
thirty days without giving reasons, the bill shall be deemed to
have been so signed.
(2) Should the President of the Republic withhold a ssent to the
bill and give reasons within the aforementioned thi rty days,
the bill shall be re-introduced to the National Leg islature to
consider the observations of the President of the R epublic.

(3) The bill shall become law if the National Legis lature again
passes it by a two-thirds majority of all the membe rs and
representatives of the two Chambers; the assent of the
President of the Republic shall not be required for that bill to
come into force.
Provisional Orders

109 (1) Should the National Legislature not be in session, the
President of the Republic may, on an urgent matter, issue a
provisional order having the force of law; however, such
provisional order shall be submitted to the appropr iate
Chamber of the National Legislature as soon as it i s
convened. Where the National Legislature ratifies t he

42
provisional order as it is, it shall be promulgated
as law, but
where the same is rejected by either Chamber or whe re the
parliamentary session ends without it being ratifie d, the
provisional order shall lapse with no retrospective effect.

(2) Notwithstanding sub-Article (1) above, the Pres ident of the
Republic shall not make any provisional order on ma tters
affecting the Comprehensive Peace Agreement, the Bi ll of
Rights, the decentralized system of government, gen eral

elections, annual allocation of resources and financial
revenues, penal legislations, international conven tions or
agreements altering the borders of the State.

(3) Every law which was repealed or amended pursuan t to a
provisional order that later lapsed, shall revive i nto force as it
is, starting from the date when the provisional ord er lapsed.

(2) The National Assembly may delegate to the Presi dent of the
Republic the power to ratify international conventi ons and
agreements while the National Assembly is not in se ssion;
however, such ratified conventions or agreements sh all not
be subject to subsequent ratification by the Nation al
Assembly and shall be deposited before the National
Assembly as soon as it is convened.

Allocation of Resources and Revenues Bill
110 The President of the Republic shall cause to be presented to the
National Legislature, before the beginning of the f inancial year, a
bill of the allocation of resources and revenues in accordance
with the provisions of this Constitution. The Natio nal Legislature
shall convene to approve that bill.

National Budget Bill

111 (1) The President of the Republic shall cause t o be presented to
the National Assembly before the beginning of the f inancial
year the bill on the general budget of the State, i ncluding a
general evaluation of the economic and financial si tuation of
the country, detailed estimates of proposed revenue s and
expenditure for the forthcoming year compared to th ose of the
previous financial year, a statement of the general budget,
any reserve funds, transfers thereto or allocations therefrom,
explanations of any special budgets or financial es timates,
policies or measures to be taken by the State in th e financial

43
and economic affairs within the framework of the ge
neral
budget.

(2) The President of the Republic shall cause to be submitted to
the National Assembly proposals of total expenditur e entered
into the budget as an appropriation bill and propos als for
taxes, fees and other levies as well as borrowing, investment
or State saving bonds as financial bills.

(3) The National Assembly shall adopt the general b udget bill,
chapter by chapter including schedules, and it shal l adopt the
total appropriation bill. Where the law is passed, detailed
estimates as specified in the general budget shall not be
exceeded save by a supplementary law. Surplus funds over
revenue estimates and funds out of the legal reserv e shall not
also be spent save by a supplementary appropriation law.
Private Member Financial Bills
112 No member of the National Assembly shall, outsi de the context
of the deliberations of the draft general budget, p resent any
private financial bill that entails abolition, remi ttance or alteration
of any tax, fee or other public revenue source or a ppropriation
or levy upon public funds other than service fees o r pecuniary
penalties.

Provisional and Supplementary Financial Measures

113 (1) Notwithstanding the provisions of Article 109 (2) above, the
President of the Republic may wherever he/she deems it
appropriate for public interest, make a presidentia l order
having the force of law, providing that the imposit ion of any
tax, or fee or the amendment thereof shall come int o force,
pending submission of a bill requiring the same to the
National Assembly. When that financial bill is adop ted or
rejected, the force of the presidential order shall cease
without the rejection or amendment of the bill havi ng
retrospective effect.
(2) Where the procedure of adopting the general bud get and the
appropriation bill is delayed beyond the beginning of the
financial year, expenditure shall continue pending adoption of
the general budget, in accordance with the estimate s
approved for the previous year, as if the same has been
appropriated by law for the new year.

44
(3) Whenever new circumstances occur or a matter of
public
concern proves not to have been satisfactorily addr essed by
the general budget, the President may during the fi nancial
year
cause to be submitted a financial bill, a supplemen tary
appropriation or an allocation out of the reserve f unds, to
which shall apply the same provisions set out in re spect of the
general budget bill.
Final Accounts

114 The President of the Republic shall cause to be presented to the
National Assembly during the six months following t he end of the
financial year, final accounts for all revenues and expenditure as
are set forth in that year, as well as expenditure withdrawn from
the reserve funds; the Auditor General shall presen t his/her
report on such accounts to the National Assembly.
Delegation of Powers of Subsidiary Legislation

115 The National Legislature or any of its Chambers may, by law,
delegate to the President of the Republic, the Nati onal Council of
Ministers or any public body, the power to make any subsidiary
regulations, rules, orders or any other subsidiary instrument
having the force of law; provided that such subsidi ary legislation
shall be tabled before the concerned Chamber and be subject to
adoption or amendment by a resolution of that Chamb er in
accordance with the provisions of its regulations
.
Validity of the Proceedings of the National Legisla ture

116. No court or other authority shall call into question the validity of
any proceedings of the National Legislature or any of its
Chambers on the basis of violation of its internal regulations. A
certificate duly signed by the appropriate Speaker shall be
deemed to be conclusive evidence of the validity of the said
proceedings.

45
CHAPTER II
INTERIM PROVISIONS FOR THE
NATIONAL LEGISLATURE

Composition of National Legislature
Prior to Elections

117 (1) Pending elections, the National Assembly sh all be composed
of four hundred and fifty members who shall be appo inted by
the President of the Republic in consultation with the First
Vice President, according to the seventy percent a nd thirty
percent north/south ratio, as follows:-

(a) The National Congress Party shall be represente d by fifty
two percent (forty nine percent for Northerners and three
percent for Southerners),
(b) Sudan People’s Liberation Movement shall be represented by twenty eight percent (twenty one per cent
for Southerners and seven percent for Northerners),
(c) Other Northern political forces shall be repres ented by
fourteen percent,
(d) Other Southern political forces shall be repres ented by
six percent.

(2) Until the elections are held, the representativ es of states at
the Council of States and observers of Abyei Area s hall be
appointed by the President of the Republic after co nsultation
within the Presidency and, in the case of Southern Sudan, on
the recommendation of the President of Government o f
Southern Sudan after consultation with state instit utions.
Interim Provisions for Tenure of the National Legis lature

118 (1) Should the outcome of the referendum on self-determination
confirm unity, the National Legislature shall compl ete its
tenure in accordance with the provisions of this Co nstitution.
(2) In the event of a vote for secession by the peo ple of Southern
Sudan, the seats of the members and representatives of
Southern Sudan in the National Legislature shall be deemed
to have fallen vacant and the National Legislature, being so
reconstituted, shall complete its tenure to the nex t elections.

46
PART FIVE

THE NATIONAL JUDICIAL ORGANS
CHAPTER I
THE CONSTITUTIONAL COURT
Establishment of the Constitutional Court

119 (1) There shall be established in accordance w ith the provisions
of this Constitution a Constitutional Court of nine Justices of
sufficient experience, proven competence, integrity ,
credibility and impartiality.
(2) The Constitutional Court shall be independent o f Legislature
and Executive and separate from the National Judici ary; the
law shall determine its rules of procedure and exec ution of
its judgements.
(3) Subject to Article 121 herein, the President an d Justices of
the Constitutional Court shall be appointed for a t erm of
seven years, subject to renewal. Their emoluments s hall be
determined by law.
(4) The Justices of the Constitutional Court shall perform their
functions and apply the law without interference, f ear or
favour.
Appointment of the President of the Constitutional Court
and Vacancy of Office

120(1)The President of the Constitutional Court shall be appointed by
the President of the Republic with the consent of t he First
Vice President, from justices approved according to Article
121(1) herein. He/she shall be answerable to the
Presidency.
(2) The office of the President of the Constitution al Court shall
fall vacant upon death, resignation or removal.
(3) The President of the Constitutional Court sha ll not be
removed from office except for incapacity or conduc t
incompatible with his/her status and only upon a de cision by
the President of the Republic approved by two-third s of all
representatives at the Council of States.

47
Justices of the Constitutional Court

121 (1) All Justices of the Constitutional Court s
hall be appointed by
the President of the Republic in accordance with Ar ticle 58 (2)
(c) herein and upon the recommendation of the Natio nal
Judicial Service Commission and subject to approval by a
two-thirds majority of all the representatives at t he Council of
States.
(2) Southern Sudan shall be adequately represente d in the
Constitutional Court.
(3) A Justice of the Constitutional Court may only be removed
upon an order of the President of the Republic on t he
recommendation of the President of the Constitution al Court
and approved by a two-thirds majority of the repres entatives
of the Council of States.

Competence and Jurisdiction of the Constitutional C ourt

122 (1) The Constitutional Court shall be the custodian of this
Constitution, the constitutions of southern Sudan a nd the
states; its decisions shall be final and binding, i t shall:-

(a) interpret constitutional provisions at the inst ance of the
President of the Republic, the National Government,
the Government of Southern Sudan, any state
government, the National Assembly, or the Council o f
States,
(b) have original jurisdiction to decide disputes t hat arise
under this Constitution and the constitutions of No rthern
states at the instance of government, juridical ent ities or
individuals,
(c) decide on appeals against the decisions of Sout hern
Sudan Supreme Court on the Interim Constitution of
Southern Sudan and the constitutions of Southern
Sudan states,
(d) protect human rights and fundamental freedoms,
(e) adjudicate on the constitutionality of laws or provisions
in accordance with this Constitution, the Interim
Constitution of Southern Sudan or the relevant stat e
constitutions,
(f) adjudicate on constitutional disputes between l evels
and organs of government, in respect of areas of
exclusive, concurrent or residual competence.

48
(2) The Constitutional Court shall have criminal ju
risdiction over
the President of the Republic and the First Vice Pr esident in
accordance with Article 60 (2) herein, it shall als o have
criminal jurisdiction over the Vice President, the Speakers of
the National Legislature and the Justices of the Na tional
Supreme Court and Southern Sudan Supreme Court.

CHAPTER II
THE NATIONAL JUDICIARY
The National Judicial Authority

123 (1) The National judicial authority in the Repu blic of the
Sudan shall be vested in the National Judiciary.
(2) The National Judiciary shall be independent of the
Legislature and the Executive, with the necessary f inancial
and administrative independence.
(3) The National Judiciary shall have judicial comp etence to
adjudicate on disputes and render judgments in acco rdance
with the law.
(4) The Chief Justice of the Republic of the Sudan, who is the
head of the National Judiciary and the President of the
National Supreme Court, shall be answerable to the
President of the Republic for the administration of the
National Judiciary.
(5) All organs and institutions of the State shall execute the
judgments and orders of the courts.

The Structures of the National Judiciary
124 The National Judiciary shall be structured as follows:
(a) The National Supreme Court,
(b) National Courts of Appeal,
(c) Other national courts.

The National Supreme Court

125 (1) The National Supreme Court shall: (a) be a court of cassation and review in respect o f any
criminal, civil and administrative matters arising out of, or
under national laws, or personal matters,

49
(b) have criminal jurisdiction over the Justices of
the
Constitutional Court,
(c) review death sentences imposed by any court in respect
to matters arising out of, or under national laws,
(d) have such other jurisdiction as determined by t his
Constitution and the law.
(2) The Chief Justice of the Republic of the Sudan may establish
panels for the purposes of considering and deciding on
matters requiring special expertise, including comm ercial,
personal or labour matters.

National Courts of Appeal

126 The number, competences and procedures of Natio nal Courts of
Appeal shall be determined by law.

Other National Courts
127 Other national courts shall be established by l aw as deemed
necessary.
Independence of Justices and Judges

128 (1) All Justices and Judges are independent in the performance
of their duties and have full judicial competence w ith respect
to their functions; and they shall not be influence d in their
judgments.
(2) Justices and Judges shall uphold the Constituti on and the
rule of law and shall administer justice diligently , impartially
and without fear or favour.
(3) Tenure of office of Justices and Judges shall n ot be affected
by their judgments.

The National Judicial Service Commission

129 (1) The President of the Republic, after consul tation within the
Presidency, shall establish a commission to be know n as the
National Judicial Service Commission to undertake t he overall
management of the National Judiciary; its compositi on and
functions shall be prescribed by law in accordance with the
provisions of the Comprehensive Peace Agreement.
(2) The Chief Justice of the Republic of the Sudan, as the head
of the National Judiciary, shall chair the National Judicial
Service Commission.

50
(3) The National Judicial Service Commission shall regu
late the
relations between judiciaries at the National, Sout hern Sudan
and states level. In the case of Southern Sudan, th e
regulation shall be made in consultation with the P resident of
the Supreme Court of Southern Sudan.
Appointment of Justices, Judges and their Terms and
Conditions of Service
130 (1) Having regard to competence, integrity and credibility, the
Chief Justice of the Republic of the Sudan, his/he r
deputies, Justices and Judges shall be appointed by the
President of the Republic in accordance with Articl e 58 (2)
(c) herein, where applicable, and upon the recommen dation
of the National Judicial Service Commission.
(2) The law shall determine the terms of service, d iscipline and
immunities of Justices and Judges.
(3) Southern Sudan shall be adequately represented in the
National Supreme Court and other national courts th at are
situated in the National Capital.

Discipline of Justices and Judges
131 (1) Discipline of Justices and Judges shall be exercise d by the
Chief Justice in accordance with the law
.
(2) Justices and Judges may only be removed by an o rder of
the President of the Republic for gross misconduct,
incompetence and incapacity in accordance with the law
and upon recommendation of the Chief Justice and wi th
approval of the National Judicial Service Commissio n.

Appointment of Justices and Judges of Southern Suda n

132 The President of Government of Southern Sudan shall, within
one week after the adoption of the Interim Constitu tion of
Southern Sudan, appoint, without prejudice to Artic le 130 (1)
herein, the President and Justices of Southern Suda n Supreme
Court, Judges of Courts of Appeal and other courts having
regard to competence, integrity, credibility and im partiality as
shall be determined by that Constitution and the la w.

51
PART SIX
PUBLIC ATTORNEYS AND ADVOCACY

Public Attorneys

133 (1) The public attorneys and the State legal a
dvisors shall be
under the National Minister of Justice to advise th e State,
represent it in public prosecution, litigation and adjudication,
and conduct pre-trial proceedings. They shall recom mend law
reform, strive to protect public and private rights , advise on
legal matters and render legal aid.

(2) The National Minister of Justice is the chief l egal advisor of
the National Government, he/she shall be the prosec uting
authority at the national level and at the northern states and
may perform any such other functions of legal chara cter as
may be prescribed by law.

(3) The State legal advisors shall perform their du ties faithfully
and impartially according to this Constitution and the law.
(4) Functions, immunities, emoluments, terms and co nditions of
service of the State legal advisors shall be prescr ibed by law.

(5) In the interest of justice and effectiveness in the execution of
their legal duties, the National Ministry of Justic e and the
Ministry of Legal Affairs and Constitutional Develo pment of
Southern Sudan shall co-ordinate, co-operate and as sist each
other in the fulfillment of their functions and ma y to this end,
establish the necessary mechanisms and channels of
implementation.
Advocacy

134. (1) Advocacy is an independent private profession a nd shall be
regulated by law.
(2) Advocacy shall promote, protect and advance the
fundamental rights of citizens. Advocates shall ser ve to
prevent injustice, defend the legal rights and int erests of
their clients, seek conciliation between adversarie s and
may render legal aid for the needy according to law .

52
PART SEVEN
THE NATIONAL CIVIL SERVICE
Principles and Guidelines for the National Civil Se
rvice
Employees
The National Civil Service

135 (1) The National Civil Service shall consist of all employees at
the national level of government who shall impartia lly carry
out the functions assigned to them according to law .
(2) The law shall determine terms and conditions of service,
duties and rights of employees of the National Civi l Service.

Guidelines for Inclusiveness in the National Civil Service

136 The National Civil Service, notably at the senior and middle-
levels, shall be representative of the people of th e Sudan; to
ensure this, the following principles and guideline s shall be
recognized and observed:-
(a) imbalances and disadvantages in recruitment sha ll be
redressed,
(b) merit is important and training is necessary,
(c) no level of government shall discriminate again st any
qualified Sudanese citizen on the basis of religion , ethnicity,
region or gender,
(d) fair competition for jobs,
(e) application of affirmative action and job train ing to achieve
targets for equitable representation within a speci fied time
frame,
(f) creation of additional training opportunities f or conflict-
affected people.

The National Civil Service Commission

137 (1) A National Civil Service Commission shall be es tablished
and shall be composed of persons of proven competen ce,
experience, integrity and impartiality.
(2) The National Civil Service Commission shall adv ise the
national government in the formulation and executio n of
policies related to public service employment and
employees.

53
(3) The National Civil Service Commission shall add
ress
imbalances in the National Civil Service in order t o create a
sense of national belonging.

Interim Tasks of the National Civil Service Commiss ion

138 The National Civil Service Commission shall have the following
tasks:-

(a) formulation of policies for training and recrui tment into the
national civil service, targeting between twenty to thirty
percent of the positions to be confirmed upon the o utcome
of the census referred to herein for people of Sout hern
Sudan who qualify,

(b) ensuring that not less than twenty percent of t he middle and
upper level positions in the national civil service , including
the positions of undersecretaries, are filled with qualified
persons from Southern Sudan within the first three years of
the Interim Period and achieving twenty five percen t in five
years and the final target figure referred to in su b-Article (a)
above, within six years,

(c) reviewing, after the first three years of the I nterim Period,
the progress made in implementing the formulated po licies
and setting new goals and targets as necessary, tak ing into
account the census results.

National Employees Justice Chamber

139 (1) There shall be established by law a Nationa l Employees
Justice Chamber and shall be composed of chairperso n and
members of proven competence, experience, integrity and
impartiality.
(2) The National Employees Justice Chamber shall, without
prejudice to the right of resorting to courts, be c ompetent to
consider and determine grievances by national publi c
service employees.
(3) The supervision over the Chamber and appointmen t of its
chairperson shall be made by the President of the R epublic.

54
PART EIGHT
INDEPENDENT NATIONAL INSTITUTIONS AND COMMISSIONS

The National Constitutional Review Commission
140 (1) The National Constitutional Review Commissi on shall
continue to perform its functions as prescribed by the
Comprehensive Peace Agreement.
(2) The Presidency may review the composition and f unctions of
the National Constitutional Review Commission.

National Elections Commission
141 (1) There shall be established, within one mon th after the
adoption of the National Elections Law, a National
Elections Commission composed of nine independent,
competent, non-partisan, impartial and representati ve
personalities to be selected and appointed by the
President of the Republic in accordance with Articl e 58 (2)
(c) herein.
(2) The National Elections Commission shall be the only body
to assume the following functions:-

(a) prepare the general electoral roll and pursue i ts
annual revision,
(b) organize and supervise, in accordance with the law,
the elections for the President of the Republic, th e
President of Government of Southern Sudan,
Governors, the National Legislature, Southern Sudan
Assembly and state legislatures in accordance with
the law,
(c) organize and
supervise any referendum in
accordance with this Constitution without prejudice to
Articles 183 (3) and 220 (2) herein,
(d) perform any other relevant electoral functions as may
be prescribed by law.

55
(3) The National Elections Law shall specify genera
l rules and
procedures to govern elections as well as functions and
terms and conditions of service of the National Ele ctions
Commission.
Human Rights Commission

142 (1) The President of the Republic shall, after consultation within
the Presidency, establish an independent Human Righ ts
Commission consisting of fifteen independent, compe tent
non-partisan and impartial members. Their appointme nt
shall be representative. It shall be independent in decision
making.
(2) Representative of relevant government organs s hall take
part in the deliberations of the Commission in advi sory
capacity.
(3) The Human Rights Commission shall monitor the application of the rights and freedoms provided for in the Bill
of Rights and shall receive complaints on violation s thereof.
(4)The Human Rights Commission may express opinion or
present advice to State organs on any issue related to
human rights.
(5) The law shall specify the functions, powers, pr ocedures,
terms and conditions of service of the Commission.

Public Grievances Chamber

143 (1) There shall be established an independent b ody, to be
known as the Public Grievances Chamber. Its chairpe rson
and members shall be nominated by the President of the
Republic from among persons of competence and integ rity
and approved by the National Assembly. The Chamber shall
be responsible to the President of the Republic and the
National Assembly.
(2) Without prejudice to the finality of judgments, the Chamber
shall consider complaints relating to grievances su ffered by
citizens in relation to State institutions. The Cha mber shall
consider grievances only after exhausting all means and
stages of litigation by the complainant.
(3) The Chamber shall make recommendations or propo se
remedies to the Presidency. The Chamber may on its
own motion recommend to the Presidency or the Natio nal
Assembly any measures it deems fit to ensure effici ency,
justice or probity in the performance of the nation al

56
governmental institutions in coordination with the
various
State organs.
(4) The law shall regulate the functions, procedure s, terms and
conditions of service of the members and employees of the
Chamber.

57
PART NINE
ARMED FORCES, LAW ENFORCEMENT AGENCIES AND NATIONAL SECURITY
CHAPTER I
THE NATIONAL ARMED FORCES
Status of Forces

144 (1) The Sudan Armed Forces and the Sudan People ’s
Liberation Army shall remain separate, regular, pro fessional
and non-partisan armed forces and shall be treated equally
as the Sudan National Armed Forces.

(2) The mission of the Sudan National Armed Forces is to
defend the sovereignty and secure the territorial i ntegrity of
the country and participate in its reconstruction a nd assist in
addressing national disasters in accordance with th is
Constitution. The law shall stipulate the condition s in which
the civil authority may resort to the engagement of the
armed forces in missions of non-military nature.

(3) The Sudan National Armed Forces and the Joint/I ntegrated
Units shall defend the constitutional order, respec t the rule
of law, the civilian government, democracy, basic h uman
rights and the will of the people; they shall under take the
responsibility of the defence of the country agains t external
and internal threats in their respective areas of d eployment
and shall be involved in addressing constitutionall y specified
emergencies.

(4) The military service, military courts and military legal
services shall be regulated by law for the Sudan Ar med
Forces, the Sudan People’s Liberation Army and the
Joint/Integrated Units.

Joint/ Integrated Units

145 (1) There shall be formed Joint/Integrated Unit s consisting of
equal numbers, from the Sudan Armed Forces and the Sudan
People’s Liberation Army. The Joint/Integrated Unit s shall

58
constitute a nucleus of the post-referendum army of
the
Sudan, should the result of the referendum confirm unity;
otherwise they would be dissolved and the component parts
integrated into their respective forces.
(2) Character, functions, size and deployment of th e
Joint/Integrated Units shall be governed by the
Comprehensive Peace Agreement.
Command and Control of Joint/Integrated Units and
Coordination between the Armed Forces

146 (1) The Joint Defence Board, that shall be esta blished in
accordance with the Comprehensive Peace Agreement, shall
assume command and control of the Joint/Integrated Units.
(2) Coordination between the Sudan Armed Forces and the
Sudan People’s Liberation Army shall be the functio n of the
Joint Defence Board.
The Permanent Ceasefire

147 (1) The permanent ceasefire, provided for in th e
Comprehensive Peace Agreement, shall be fully enfor ced.
(2) The permanent ceasefire shall be internationall y monitored
and fully respected by all Sudanese.

CHAPTER II
THE LAW ENFORCEMENT AGENCIES
The Police

148 (1) The Police is a regular service force whose mission is to
maintain law and order; its service shall be open t o all
Sudanese to reflect the diversity and multiplicity of the
Sudanese society; it shall discharge its duties wit h
impartiality and integrity in compliance with the l aw and the
nationally and internationally accepted standards.
(2) The Police shall be decentralized in accordance with the
Comprehensive Peace Agreement as follows:

(a) The national level, the powers and functions of which
shall be prescribed by law in accordance with this
Constitution,

59
(b) The southern Sudan level, the powers and functi
ons
of which shall be prescribed by the Interim
Constitution of Southern Sudan and the law,
(c) The state level, the powers and functions of wh ich
shall be prescribed by state constitution and the l aw,
(3) The police at national, southern Sudan and stat e levels,
shall co-ordinate, co-operate and assist each other in the
discharge of their functions, and to that end, shal l
recommend, through their respective authorities to the
Presidency the establishment of these necessary
mechanisms.
Prisons and Wildlife Services

149 (1) (a) There shall be established at the Nat ional, Southern
Sudan and state levels, prison services whose
functions, terms and conditions of service shall be
prescribed by law,

(b) Prisons are correctional and rehabilitative ins titutions;
treatment that is cruel, inhuman, degrading of the
prisoners’ dignity, or that may expose their health to
danger shall be prohibited and punishable by law.

(2) Pursuant to Article11(2) of this Constitution, there shall be
established at the National, Southern Sudan and sta te
levels, wildlife protection service whose functions and terms
and conditions of services shall be prescribed by l aw.

CHAPTER III
THE NATIONAL SECURITY
The National Security Council

150 (1) There shall be at the national level a Nati onal Security
Council, the composition and functions of which sha ll be
determined by a National Security Act.
(2) The National Security Council shall define the national
security strategy based on the analysis of all thre ats to
security of the Sudan.
(3) There shall be established security committees at the
Government of Southern Sudan and state levels; thei r

60
composition and functions shall be prescribed by th
e
National Security Act.
The National Security Service

151 (1) There shall be established a National Secur ity Service that
shall be charged with the external and internal sec urity of the
country; its mission, mandate, functions, terms and conditions
of service shall be prescribed by the National Secu rity Act.

(2) The National Security Service shall be represen tative of the
people of the Sudan; Southern Sudan shall, in parti cular, be
equitably represented therein.

(3) The National Security Service shall be professi onal and its
mandate shall focus on information gathering, analy sis and
advice to the appropriate authorities.

(4) There shall be established National Security Se rvice offices
throughout the Sudan.

(5) The National Security Service shall be under th e supervision
of the Presidency.

61
PART TEN
THE NATIONAL CAPITAL

The National Capital

152 Khartoum shall be the National Capital of the R epublic of the
Sudan, and shall be a symbol of national unity that reflects the
diversity of the country.

Administration of the National Capital
153 (1) The administration of the National Capital shall be
representative. The parties signatory to the Compre hensive
Peace Agreement shall be adequately represented the rein.
(2) The adequate representation shall be determined by the
Presidency in consultation with the Governor of Kha rtoum.
Respect for Human Rights in the National Capital

154 Human rights and fundamental freedoms as specif ied in this
Constitution, including respect for all religions, beliefs and
customs, being of particular significance in the Na tional Capital,
which symbolizes national unity, shall be guarantee d and
enforced in the National Capital.

Law Enforcement Agencies in the National Capital
155 Law enforcement agencies of the National Capita l shall be
representative of the population of the Sudan and s hall be
adequately trained and made sensitive to the cultur al, religious
and social diversity in the Sudan.

Dispensing Justice in the National Capital
156 Without prejudice to the competence of any nati onal institution to
promulgate laws, judges and law enforcement agencie s shall, in
dispensing justice and enforcing law in the Nationa l Capital, be
guided by the following:-
(a) tolerance shall be on the basis of peaceful co existence
between the Sudanese people of different cultures, religions
and traditions,
(b) behaviour based on cultural practices and tradi tions, which
does not disturb public order, is not disdainful of other

62
traditions and not in violation of the law, shall
be deemed in
the eyes of the law as an exercise of personal free doms,
(c) personal privacy is inviolable and evidence obt ained in
violation of such privacy shall not be admissible i n the court
of law,
(d) the judicial discretion of courts to impose pen alties on non-
Muslims shall observe the long-established Sharia p rinciple
that non-Muslims are not subject to prescribed pena lties and
therefore remitted penalties shall apply according to law,
(e) leniency and granting the accused the benefit o f the doubt
are legal principles of universal application and r equired by
the circumstances of the Sudan.

The Non-Muslims Rights Special Commission
157 (1) The Presidency shall establish in the Natio nal Capital a
special commission for the rights of Non-Muslims wh ich
shall have the following functions:-
(a) to ensure that the rights of Non-Muslims are pr otected
in accordance with the general principles provided for
under Articles 154 and 156 of this Constitution,
(b) ensure that Non-Muslims are not adversely affec ted
by the application of the Sharia law in the Nationa l
Capital.
(2) The special commission shall submit its observa tions and
recommendations to the Presidency.

Mechanism for Guarantees
158 A system shall be established to guarantee the implementation
of Article 156 above, which includes:-

(a) judicial circulars to guide the courts as to ho w to observe the
foregoing principles,
(b) establishment of specialized courts to conduct trials in
accordance with the principles referred to above,
(c) establishment of specialized public attorneys t o conduct
investigations and pre-trial proceedings in accorda nce with
the principles referred to above.

63
PART ELEVEN
GOVERNMENT OF SOUTHERN SUDAN

CHAPTER I
ESTABLISHMENT OF GOVERNMENT OF SOUTHERN SUDAN

Organs of the Government of Southern Sudan

159 There shall be established in southern Sudan, a s per its
boundaries of January 1 st, 1956, a government to be known as
the Government of Southern Sudan which shall have l egislative,
executive and judicial organs.

Interim Constitution of Southern Sudan
160 (1) The Government of southern Sudan shall func tion in
accordance with the Interim Constitution of Souther n Sudan,
which shall be drafted by an inclusive Drafting Com mittee
and adopted by a transitional Southern Sudan Assemb ly by
a two-thirds majority of all members. The Interim
Constitution of Southern Sudan shall conform to thi s
Constitution.
(2) The Southern Sudan Assembly may amend the Inter im
Constitution of Southern Sudan by a two-thirds majo rity vote
of all members.
The Powers of the Government of Southern Sudan

161 The powers of Government of Southern Sudan shal l be as set
forth in Schedules B and D, read together with Sche dules E and
F of this Constitution, the Interim Constitution of Southern
Sudan, and the Comprehensive Peace Agreement.

Primary Responsibilities of the Government of South ern Sudan
162 The primary responsibilities of the Government of Southern
Sudan shall be to promote good governance, developm ent and
justice, exercise authority in respect of southern Sudan and the
states of southern Sudan, act as the link between t he National
Government and the states of southern Sudan and to ensure the
protection of rights and interests of the people of southern
Sudan.

64
CHAPTER II
THE EXECUTIVE OF SOUTHERN SUDAN

The President of the Government of Southern Sudan

163 (1) The President of the Government of Southern Sudan shall
be elected directly by the people of southern Sudan ,
according to the Interim Constitution of Southern S udan.
Such elections shall be in accordance with the prov isions
set forth by the National Elections Commission.

(2) The tenure of office of the President of the Go vernment of
Southern Sudan shall be five years commencing from the
date of assumption of office; he/she may be re-elec ted for
one additional term only.

(2) Should the post of the President of the Governm ent of
Southern Sudan fall vacant, pending the elections w ithin sixty
days, and swearing in of the President elect, the f unctions of
the President of the Government of Southern Sudan s hall be
assumed by the Vice President of the Government of
Southern Sudan.

The Vice President of the Government of Southern Su dan
164. The Vice President of the Government of Southern Sudan shall
be appointed in accordance with the provisions of t he Interim
Constitution of Southern Sudan.

Southern Sudan Council of Ministers

165 (1) There shall be established a Southern Sudan Council of
Ministers to be appointed by the President of Gover nment of
Southern Sudan, in consultation with the Vice Presi dent and
approved by Southern Sudan Assembly. The Government of
Southern Sudan shall be established with due regard to the
need for inclusiveness in recognition of ethnic, re ligious
diversity and gender.
(2) The President and Vice President of the Governm ent of
Southern Sudan shall be members of Southern Sudan
Council of Ministers.

65

Accountability of Southern Sudan Council of Ministe rs

166 Southern Sudan Council of Ministers shall be accountable to the
President of the Government of Southern Sudan and t he
Southern Sudan Assembly, in the performance of its functions,
and may be removed by a motion supported by a two-t hirds of all
members of the Southern Sudan Assembly.
Special Obligations of the Government of Southern S udan

167 The Government of Southern Sudan shall discharg e its duties
and exercise its powers as set forth in this Consti tution, the
Interim Constitution of Southern Sudan, the Compreh ensive
Peace Agreement and any other agreement relating to the
development and reconstruction of Southern Sudan.
Southern Sudan Independent Institutions and Commiss ions

168 (1) The Government of Southern Sudan shall esta blish such
independent institutions as provided for by the
Comprehensive Peace Agreement, this Constitution an d the
Interim Constitution of Southern Sudan. It shall be
empowered to establish such other commissions and
institutions compatible with its powers as it deems necessary
to promote the welfare of its people, good governan ce and
justice.

(2) Without prejudice to the generality of sub-Arti cle (1) above,
there shall be established at Southern Sudan level, a Southern
Sudan Civil Service Commission, Public Grievances a nd
Restitution Board and Employees Justice Chamber; th eir
functions and terms of service shall be regulated b y law.

CHAPTER III
THE LEGISLATURE OF SOUTHERN SUDAN
Establishment of Southern Sudan
Legislative Assembly
169 (1) There shall be established the Southern Sud an Legislative
Assembly in accordance with the Interim Constitutio n of
Southern Sudan.

66
(2) Prior to elections, there shall be constituted,
in accordance
with Article 176 (4) herein, a transitional Souther n Sudan
Legislative Assembly to adopt the Interim Constitut ion of
Southern Sudan; it shall thereafter be reconstitute d into the
Southern Sudan Legislative Assembly.

Assignment of Powers to the Government of Southern Sudan
170 When enacting the Interim Constitution of Southern Sudan, the
transitional Southern Sudan Legislative Assembly sh all assign to
the Government of Southern Sudan such powers as set forth in
Schedules B and D, read together with Schedules E a nd F
herein.

Powers of Southern Sudan Assembly

171 (1) Apart from applicable national legislation on matters that fall
within the sole authority of the National Governmen t as set
forth in Schedule (A), legislative authority in Sou thern Sudan
shall be vested in Southern Sudan Legislative Assem bly.

(2) The Southern Sudan Legislative Assembly shall determine its
rules of procedure, elect its Speaker, Deputy Speak er and
other officers as shall be provided for by the Inte rim
Constitution of Southern Sudan.

CHAPTER IV
THE JUDICIARY OF SOUTHERN SUDAN

The Structure of the Judiciary of Southern Sudan

172 (1) Judicial competence in southern Sudan shall be vested in
an independent institution to be known as the Judic iary of
Southern Sudan.

(2) The Judiciary of southern Sudan shall be indepe ndent of the
executive and the legislature.

(3) The Judiciary of Southern Sudan shall be struct ured as
follows:-

(a) The Supreme Court of Southern Sudan,
(b) Courts of Appeal,

67
(c) Other courts or tribunals as deemed necessary t
o be
established in accordance with the Interim Constitu tion
of Southern Sudan and the law.

The Supreme Court of Southern Sudan
173 (1) The Interim Constitution of Southern Sudan shall provide for
the establishment of the Supreme Court of Southern Sudan
which shall be the highest judicial institution in Southern
Sudan.

(2) Appeals may be submitted from Southern Sudan co urts,
state courts or other courts to the Supreme Court o f
Southern Sudan on matters brought under or relating to
national, Southern Sudan and state laws as may be
determined by the Interim Constitution of Southern Sudan
and the law.

Competences of the Supreme Court of Southern Sudan
174 The Supreme Court of Southern Sudan shall:-
(a) be the court of final judicial instance in resp ect of any
litigation or prosecution under Southern Sudan or s tate law,
including statutory and customary law, save that an y
decisions arising under national laws shall be subj ect to
review and decision by the National Supreme Court,

(b) have original jurisdiction to decide on dispute s that arise
under the Interim Constitution of Southern Sudan an d the
Constitutions of Southern Sudan states at the insta nce of
individuals, juridical entities or government,

(c) adjudicate on the constitutionality of laws and set aside or
strike down laws or provisions of laws that contrad ict the
Interim Constitution of Southern Sudan or the const itutions
of Southern Sudan states,

(d) be a court of review and cassation in respect o f any criminal
or civil matter arising out of or under Southern Su dan laws,

(e) have criminal jurisdiction over the President a nd Vice
President of the Government of Southern Sudan and t he
Speaker of Southern Sudan Legislative Assembly,

(f) review death sentences imposed by Southern Suda n courts
in respect of matters arising out of or under South ern Sudan
laws,

68
(g) have such other jurisdiction as shall be determ
ined by the
Interim Constitution of Southern Sudan, the Compreh ensive
Peace Agreement or the law.
Justices and Judges of Southern Sudan

175 (1) Justices and Judges of Southern Sudan are i ndependent and
shall perform their functions without interference, administer
justice and apply the law without fear or favour. T he
provisions of the Interim Constitution of Southern Sudan and
the law shall protect their independence.

(2) Southern Sudan Legislative Assembly shall provi de for
appointments, terms and conditions of service and d ismissal
of Southern Sudan appointed Justices and Judges.

CHAPTER V
INTERIM PROVISIONS FOR SOUTHERN SUDAN
176 Prior to elections the following arrangements s hall apply:-
(1) The Chairman of the Sudan People’s Liberation M ovement,
or his successor, shall be the President of Governm ent of
Southern Sudan and Commander- in -Chief of the Suda n
People’s Liberation Army.

(2) Should the office of the President of Governmen t of
Southern Sudan fall vacant, not withstanding Articl e163 (3)
above, the office shall be filled, within two weeks , by the
nominee of the Sudan People’s Liberation Movement.
(3) Representation in the Government of Southern Su dan shall
be as follows:-

(a) the Sudan People’s Liberation Movement shall be
represented by seventy percent,
(b) the National Congress Party shall be represente d by
fifteen percent,
(c) the other Southern Sudan political forces shall be
represented by fifteen percent.

(4) The transitional Southern Sudan Assembly shall be an
inclusive Constituent Legislature composed of one h undred
and seventy members appointed by the President of t he
Government of Southern Sudan after broad consultati on
with the relevant political forces in accordance wi th the
following:-

69
(a) seventy percent representing the Sudan People’s

Liberation Movement,
(b) fifteen percent representing the National Congr ess
Party,
(c) fifteen percent representing the other southern Sudan
political forces.

70
PART TWELVE
THE STATES AND ABYEI AREA
States of the Sudan

177 (1) The Republic of the Sudan shall be decentra lized and
composed of states.

(2) The National Legislation shall determine the n umber of
states as well as their names, capitals and geogra phical
boundaries; provided that such legislation shall b e issued
and amended in accordance with the provisions of Ar ticle 91
(4) (a) herein. However, the January 1
st, 1956 boundary
between the North and the South shall be inviolable subject
to Article 183 (4) of this Constitution.
State Organs

178 (1) There shall be legislative, executive and j udicial organs at
state level which shall function in accordance with this
Constitution, the relevant state constitution and, in respect
of the states of Southern Sudan, also in accordance with the
Interim Constitution of Southern Sudan.
(2) The state shall promote and empower local gover nment.
Organization of the local government and elections to its
respective institutions shall be conducted in accor dance with
the relevant state constitution.

State Executive
179 (1) The state executive shall be headed by a Go vernor elected
by the people in the state, in compliance with the
procedures prescribed by the National Elections
Commission and in accordance with this Constitution , the
Interim Constitution of Southern Sudan where applic able,
the relevant state constitution and the law.

(2) (a) The state legislature may, in accordance w ith the state
constitution, pass, by three quarters majority of a ll its
members, a vote of no confidence in the Governor,
(b) Should the state legislature pass a vote of no
confidence as stated in sub-Article (a) above, the
President of the Republic shall call the state elec torate
for snap elections of the Governor to be conducted

71
within sixty days. If the concerned state is a Sout
hern
Sudan state, the President of the Republic shall ac t
upon a request that shall be made by the President of
the Government of Southern Sudan,
(c) The Governor elected in the snap elections shal l serve
for the remainder of the original tenure,
(d) Should the Governor who was subjected to the vo te of
no-confidence be re-elected, the state legislature shall
be deemed to have been dissolved. A new state
legislature shall be elected within three months to
complete the tenure of the dissolved legislature,
(e) A vote of no-confidence in the Governor shall n ot be
passed before he/she spends twelve months in office .

(3) The state council of ministers shall be appoint ed by the
Governor in accordance with the state constitution.

(4) The state ministers shall be individually and c ollectively
accountable to the Governor and the state legislatu re in
the performance of their functions; a state ministe r shall be
removed by the Governor or on a motion supported by
two-thirds of all the members of the state legislat ure.

(5) The Governor shall, together with the state cou ncil of
ministers appointed by him, exercise the executive powers
of the state which shall be in respect of the funct ional
areas in Schedules C and D read together with Sched ules
E and F herein and such other executive competences as
are conferred upon the state by this Constitution, the
Interim Constitution of Southern Sudan and the stat e
constitution.

State Legislature

180 (1) The state shall have a state legislature co mposed of
members elected in accordance with the state consti tution
and the law and as set forth by the National Elections
Commission.
(2) The state legislature shall prepare and adopt t he state
interim constitution provided that it shall be in conformity
with this Constitution, the Interim Constitution of Southern
Sudan where applicable and the Comprehensive Peace
Agreement.

72
(3) The state legislature shall have law-making com
petence in
respect of the functional areas listed in Schedules C and D
read together with Schedules E and F herein.
(4) The state legislature shall decide its own rule s of procedure,
appoint its committees and elect its speaker and ot her
officers.
(5) Governors and members of state councils of mini sters and
legislatures shall have immunities as are provided for by
law.

State Judiciary

181 (1) The state constitution shall provide for t he establishment of
such state courts by the state judiciary as necessa ry.

(2) State courts shall have civil and criminal juri sdiction in
respect of state, Southern Sudan, and national laws , save
that a right of appeal shall lie as provided in thi s
Constitution, the Interim Constitution of Southern Sudan
whenever applicable, however, national legislation shall
determine the civil and criminal procedures in resp ect of
litigation or prosecution under National laws in ac cordance
with this Constitution.

(3) State legislations shall provide for:- (a) the appointment and dismissal of lay magistrate s,
(b) guarantees for the independence and impartialit y of
state judiciary and ensure that Judges are not
subjected to any interference.

(4) The structures and powers of the courts of the states of
Southern Sudan shall be subject to the provisions o f this
Constitution and the Interim Constitution of Southe rn Sudan
and the constitution of the state concerned.

Southern Kordofan and Blue Nile States
182 (1) Without prejudice to any of the provision s of this
Constitution, the Agreement on the Resolution of th e
Conflict in Southern Kordofan and Blue Nile States , shall
apply with respect to those two states.

(2) Agreement on the Resolution of the Conflict in Southern
Kordofan and Blue Nile States shall be subject to p opular
consultation by the people of the two states throug h their

73
respective democratically elected legislatures in
accordance with the provisions stated therein.
Abyei Area

183 (1) Without prejudice to any of the provisions
of this
Constitution and the Comprehensive Peace Agreement, the
Protocol on the Resolution of the Conflict in Abyei Area shall
apply with respect to Abyei Area.
(2) Abyei Area shall be accorded special administra tive status
under the Presidency, in which residents of Abyei A rea shall
be citizens of both Southern Kordofan and Bahr el G hazal.
(3) Simultaneously with the referendum for southern Sudan, the
residents of Abyei Area shall vote in a separate re ferendum,
which shall present the residents of Abyei Area, ir respective
of the results of the Southern Sudan Referendum, wi th the
following choices:-
(a) that Abyei Area retain its special administrati ve status
in the north,
(b) that Abyei Area be part of Bahr el Ghazal.

(4) The January 1 st, 1956 line between the north and the south
shall be inviolable, except as agreed in sub-Articl e (3)
above.

Interim Provisions for States

184 (1) Pending the elections referred to in Artic le 216 herein:
(a) Governors shall be appointed by the President o f the
Republic in consultation with the First Vice Presid ent.
In the case of Southern Sudan , the President of
Government of Southern Sudan in consultation with
Vice President of Government of Southern Sudan,
(b) The Governor of one Southern Sudan state shall be a
nominee of the National Congress Party and one
Deputy Governor in a different Southern Sudan state
shall also be a nominee of the National Congress Pa rty.

(2) Without prejudice to the provisions of sub-Article (3) below,
seats of the legislatures and executives of the sta tes shall
be allocated as follows:-

(a) The National Congress Party shall have seventy
percent of the seats in the Northern states, and th e
Sudan People’s Liberation Movement shall have

74
seventy percent of the seats in the Southern Sudan
states,
(b) The remaining thirty percent of the seats in th e
Northern and Southern Sudan states shall be
allocated as follows:-
(i) ten percent of the seats in Southern Sudan stat es
to be filled by the National Congress Party,
(ii) ten percent of the seats in the Northern Sudan
states to be filled by the Sudan People’s
Liberation Movement,
(iii) twenty percent of the seats in Northern and Southern Sudan states to be filled by
representatives of other Northern and Southern
Sudan political forces, respectively.

(3) Seats of the legislatures and executives of Sou thern
Kordofan and Blue Nile states shall be allocated in
accordance with the Agreement on the Resolution of
Conflict in Southern Kordofan and Blue Nile states.

75
PART THIRTEEN
FINANCE AND ECONOMIC MATTERS

CHAPTER I
GUIDING PRINCIPLES FOR EQUITABLE SHARING OF RESOURC ES
AND COMMON WEALTH

185 (1) Resources and common wealth of the Sudan shall be
shared equitably to enable each level of governmen t to
discharge its legal and constitutional responsibilities and
duties and to ensure that the quality of life, dignity and living
conditions of all citizens are promoted without dis crimination
on grounds of gender, race, religion, political aff iliation,
ethnicity, language or region.
(2) The sharing and allocation of the resources and common
wealth of the Sudan shall be based on the premise that all
parts of the country are entitled to development.
(3) The National Government shall fulfil its obliga tions to
provide financial transfers to the Government of Southern
Sudan, and shall, except as otherwise provided here in,
apportion revenues equitably among other states;
(4) The State recognizes that Southern Sudan, South ern
Kordofan, Blue Nile, Abyei Area and other conflict affected
areas face serious needs; they shall be enabled to perform
basic government functions, establish civil adminis tration,
rehabilitate and reconstruct the social and physica l
infrastructure in a post-conflict Sudan.
(5) There shall be established a National Reconstruction and
Development Fund and a Southern Sudan Reconstructio n
and Development Fund to bring up Southern Sudan, other
conflict affected areas and the least developed areas to the
national average level of socio-economic and public
services standards.
(6) Revenue sharing shall reflect a commitment to devolution of
powers and decentralisation of decision-making in regard to
development, service delivery and governance.
(7) The development of infrastructure, human resour ces,
sustainable economic growth and the capacity to meet
human needs shall be conducted within a framework of
transparent and accountable governance.

76
(8) The best known practices in the sustainable uti
lization and
management of natural resources shall be adopted by the
State.
(9) This Constitution sets out the various types of income,
revenue, taxes and other sources of wealth to which the
respective levels of government are entitled.
(10) All taxes and duties set out in this Constitution shall be
regulated by law to ensure coordination, fairness, equity,
transparency and to avoid excessive tax burden on t he
citizens, private sector and investors.
(11) No level of government shall withhold any allocation or
financial transfers due to any other level of government. In
case of dispute, any level of government, after att empting
amicable solution, may initiate proceedings in the
Constitutional Court and before Southern Sudan Supr eme
Court in the case of governments in Southern Sudan. ,\
CHAPTER II
LAND RESOURCES
Land Regulation

186 (1) The regulation of land tenure, usage and exercise of rights
thereon shall be a concurrent competence, exercised at the
appropriate level of government.
(2) Rights in land owned by the Government of the S udan shall
be exercised through the appropriate or designated level of
Government.
(3) All levels of government shall institute a proc ess to
progressively develop and amend the relevant laws t o
incorporate customary laws, practices, local heritage and
international trends and practices.
National Land Commission

187 (1) Without prejudice to the jurisdiction of the courts, there
shall be established a National Land Commission tha t shall
have the following functions:-
(a) arbitrate between willing contending parties on claims
over land,

77
(b) entertain claims, at its discretion, in respect
of land, be
they against the relevant government or other parti es
interested in the land. The parties to the arbitration shall
be bound by the decision of the Commission on the
basis of mutual consent and upon registration of th e
award in a court of law,
(c) enforce the law applicable to the locality where the land
is situated or such other law as the parties to the
arbitration agree, including principles of equity,
(d) accept references on request from the relevant
government or in the process of resolving claims, make
recommendations to the appropriate level of
government concerning land reform policies and
recognition of customary rights or customary land law,
(e) assess appropriate land compensation including but not
limited to monetary compensation, for applicants in the
course of arbitration or in the course of a reference from
a court,
(f) advise different levels of government on how to co-
ordinate policies on national projects affecting land or
land rights,
(g) study and record land use practices in areas wh ere
natural resource development occurs,
(h) conduct hearings and formulate its own rules of
procedure,
(2) The National Land Commission shall be independent and
representative of all levels of government.
(3) Membership, appointment, terms and conditions of service of
the National Land Commission shall be regulated by law. The
Chairperson of the National Land Commission shall b e
appointed by the President of the Republic with the consent
of the First Vice President.
(4) The National Land Commission shall be accountab le to the
Presidency which shall approve the budget of the
Commission.

Southern Sudan Land Commission

188 In accordance with this Constitution and without prejudice to the
jurisdiction of the courts, there shall be established a Southern
Sudan Land Commission which shall have the function s

78
specified in the Comprehensive Peace Agreement and
the
Interim Constitution of Southern Sudan.
Cooperation between National and Southern Sudan Land
Commissions

189 (1) The National Land Commission and Southern Sudan Land
Commission shall co-operate and co-ordinate their activities
so as to use their resources efficiently.
(2) The National Land Commission and the Southern S udan
Land Commission shall agree:-
(a) to exchange information and decisions of each other,
(b) on how to resolve conflict between their findi ngs or
recommendations.
(3) The Southern Sudan Land Commission may carry ou t
certain functions of the National Land Commission,
including collection of data and research.
(4) In the case of conflict between the findings or
recommendations of the National Land Commission and
Southern Sudan Land Commission which cannot be
resolved or reconciled by agreement pursuant to sub-Article
(2) (b ) above, the matter shall be referred to the
Constitutional Court.
CHAPTER III
DEVELOPMENT AND MANAGEMENT OF THE
PETROLEUM SECTOR
The Framework for Petroleum Management

190 The basis for a definitive framework for the management and
development of the petroleum sector shall include:-
(a) sustainable utilization of oil as a non-renewab le natural
resource consistent with:-
(i) the national interest and the public good,
(ii) the interest of the affected states,
(iii) the interest of the local population in affected areas,
(iv) national environmental policies, biodiversity
conservation guidelines and cultural heritage prote ction
principles,

79
(b) empowerment of the appropriate levels of govern
ment to
develop and manage, in consultation with the releva nt
communities, the various stages of oil production within the
overall framework for the management of petroleum
development,
(c) give due attention to enabling policy environme nt for the
flow of foreign direct investment by reducing risks
associated with uncertainties regarding the outcome of the
referendum on self-determination at the end of the Interim
Period,
(d) persons enjoying rights in land, shall be consulted and their
views shall duly be taken into account in respect of
decisions to develop subterranean natural resources from
the area in which they have rights. They shall share in the
benefits of that development,
(e) persons enjoying rights in land are entitled to equitable
compensation on just terms arising from acquisition or
development of land for the extraction of subterranean
natural resources from the area in respect of which they
have rights,
(f) the communities in whose areas development of
subterranean natural resources occurs have the righ t to
participate, through their respective states, in the negotiation
of contracts for the development of those resources ,
(g) regardless of the contention over the ownership of land
and associated natural resources, there shall be a
framework for the regulation and management of
petroleum development in the Sudan during the Interim
Period.
National Petroleum Commission

191 (1) An independent National Petroleum Commissio n shall be
established and its decision shall be by consensus.
(2) The National Petroleum Commission shall be cons tituted as
follows:-
(a) the President of the Republic and President of
Government of Southern Sudan as co-chairs,
(b) four permanent members representing the Nationa l
Government,
(c) four permanent members representing the Government
of Southern Sudan,

80
(d) not more than three non-permanent members
representing oil producing state or states in which

petroleum development is being considered.
(3) The National Petroleum Commission shall have th e
following functions:-
(a) formulate public policies and guidelines in relation to
the development and management of the petroleum
sector,
(b) monitor and assess the implementation of the po licies
mentioned in (a) above; to ensure that they work in the
best interests of the people of Sudan,
(c) develop strategies and programs for the petrole um
sector,
(d) negotiate and approve all oil contracts for the
exploration and development of oil in the Sudan, and
ensure that they are consistent with its principles ,
policies and guidelines,
(e) develop its internal regulations and procedures.
(4) In performing the functions referred to in sub -Article (3)
above, the National Petroleum Commission shall take into
account relevant considerations, including the following:-
(a) the extent to which the contract provides benef its to
local communities affected by the development,
(b) the extent to which the views of the state and the
affected groups are incorporated in the proposed
contracts,
(c) if the National Petroleum Commission decides to
approve the contract, persons holding rights in land
who are aggrieved by the decision shall seek relief
through arbitration or in a court of law,
(d) if the non-permanent members of the National
Petroleum Commission representing the oil producing
state or states collectively disagree with the decision of
the National Petroleum Commission to approve the
contract related to their state/states, the Nationa l
Minister in charge of petroleum shall not sign the
contract and shall refer the matter to the Council of
States. If the Council of States rejects the objection by
two-thirds majority, the National Minister in charg e of
petroleum shall sign the contract. If the Council of
States does not reject the objection by two-thirds
majority within twenty four (24) sitting days of receiving
it, the Council of States shall remit the objection within

81
that period to a mechanism established by it with t
wo-
thirds majority to arbitrate on the objection. The
arbitration decision shall be made within six calen dar
months of referral to arbitration. The arbitration decision
shall be final and binding,
(e) if the National Petroleum Commission approves t he
contract, the National Minister responsible of Petroleum
shall sign the contract on behalf of the Government of
the Sudan,
(f) in performing functions (a), (b) and (c) of sub-Article (3)
above, the National Petroleum Commission shall
include only its permanent members,
(g) in performing function (d) of sub-Article (3) a bove, the
National Petroleum Commission shall include, in
addition to its permanent members, representatives of
oil producing state or states in which contracts for the
exploration and development of the petroleum are
being negotiated and considered for approval.
Sharing Oil Revenue

192 (1) The framework for sharing wealth from the e xtraction of
natural resources, emanating from Southern Sudan sh all
balance the needs for national development and
reconstruction of Southern Sudan.
(2) Net revenue from oil shall be the sum of the net revenue:-
(a) from exports of government oil, and
(b) from deliveries of government oil to the local refineries.
(3) Exports shall be valued at the actual Free on B oard export
prices less the charges to deliver the oil to any e xport
destination including pipeline and management charges. Oil
delivered to the local refinery shall be valued at the average
Free on Board export prices during the last calenda r month in
which there was an export sale less the charges tha t would
have been incurred to deliver the oil to any export destination
including pipeline and management charges.
(4) An Oil Revenue Stabilization Account shall be e stablished
from government oil net revenue derived from actual export
sales above an agreed benchmark price. The benchmar k
price will be established annually as part of the national
budget.

82
(5) At least two percent of oil revenue shall be al
located to the oil
producing states in proportion to output produced i n the state,
without prejudice to the special arrangements of Ab yei Area.
(6) After the payment to the Oil Revenue Stabilizat ion Account
and to the oil producing states, fifty percent of net oil revenue
derived from oil producing wells in Southern Sudan shall be
allocated to the Government of Southern Sudan as o f the
beginning of the pre-interim period and the remaining fifty
percent to the National Government and states in No rthern
Sudan.
(7) A Future Generation Fund shall be established once national
oil production reaches one million barrels per day.
(8) All funds and special accounts referred to in t his Constitution
and future accounts shall be on-budget operations i n
accordance with the public budget.
CHAPTER IV
SOURCES OF REVENUE
Sources of National Revenue

193 The National Government may legislate for raising revenue or
collecting taxes from the following sources:-
(a) national personal income tax,
(b) corporate or business profit tax,
(c) custom duties and import taxes,
(d) sea-ports and airports revenue,
(e) service charges,
(f) oil revenues,
(g) national government enterprises and projects,
(h) grants and foreign financial assistance,
(i) value added tax or general sales tax or other retail taxes on
goods and services,
(j) excise duties,
(k) loans, including borrowing from the Central Ban k of Sudan
and the public,
(l) any other tax as determined by law.

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Sources of Southern Sudan Revenue

194 The Government of Southern Sudan may legislate
for raising
revenue or collecting taxes from the following sources:-
(a) the national revenue allocation to the Governme nt of
Southern Sudan and states from the National Revenue
Fund as set out in Article 197 of this Constitution,
(b) revenue from any of the sources listed as state revenue
sources referred to in Article 195 of this Constitution,
(c) oil revenues as set out in Article 192 of this Constitution,
(d) taxes of Southern Sudan Government, which do no t
encroach on the exclusive National Government taxing
powers,
(e) service charges of Government of Southern Sudan ,
(f) enterprises and projects of Government of Southern Sudan,
(g) grants-in-aid and foreign financial assistance,
(h) taxes and levies on small and medium business es,
(i) excise duties on goods within Southern Sudan de emed to
be luxury consumables,
(j) personal income tax of southern Sudan,
(k) loans and borrowing in accordance with Article 203 of this
Constitution,
(l) any other taxes as may be determined by law.
Sources of States Revenue

195 The states may legislate for raising revenue or collecting taxes
from the following sources:-
(a) state land and property tax and royalties,
(b) service charges for state services,
(c) licences,
(d) state personal income tax,
(e) levies on tourism,
(f) state share of oil revenue as is set out in Article 192(5) of
this Constitution,
(g) state government projects and national parks,
(h) stamp duties,
(i) agricultural taxes,
(j) grants-in-aid and foreign aid,
(k) excise duties,
(l) border trade charges or levies in accordance wi th national
legislation,

84
(m) other state taxes, which do not encroach on Nat
ional or
Southern Sudan Government taxes,
(n) loans and borrowing in accordance with Article 203 of this
Constitution,
(o) any other tax as may be determined by law.
Southern Sudan Non-oil Revenue Allocation

196 (1) Notwithstanding the provisions of Articles 192, 193 and 194
herein, the National Government shall allocate fifty per cent
of the national non-oil revenue collected in Southe rn Sudan,
as provided for under Article 193 above, to the Government of
Southern Sudan to partially meet the development co sts
during the interim period. This arrangement shall b e
reviewed, during the mid-term review, with the view to
National Government allocating additional resources to the
Government of Southern Sudan if need arises.
(2) The Government of Southern Sudan and states sha ll retain
and dispose of such other income raised and collected under
their own taxing powers.
CHAPTER V
FISCAL AND FINANCIAL MECHANISMS
National Revenue Fund

197 (1) All revenues collected nationally for or by the National
Government shall be pooled in a National Revenue Fu nd
administered by the National Treasury. Such Fund sh all
embrace all accounts and sub-funds, into which monies due
to the Government are collected, reported or deposited.
(2) All the revenues and expenditures of the Govern ment shall
be on-budget operations and made public.

Fiscal and Financial Allocation and Monitoring Comm ission

198 (1) A Fiscal and Financial Allocation and Moni toring
Commission shall be established, to ensure transparency
and fairness both in regard to the allocation of nationally
collected funds to the Government of Southern Sudan and
the states.

85
(2) The Fiscal and Financial Allocation and Monitor
ing
Commission shall undertake the following duties and
responsibilities:-
(a) monitor and ensure that equalization grants from the
National Revenue Fund are promptly transferred to
respective levels of government,
(b) guarantee appropriate utilization and sharing o f
financial resources,
(c) ensure that revenues allocated to conflict affected
areas are transferred in accordance with agreed
formulae,
(d) safeguard transparency and fairness in the allocation of
funds to the Government of Southern Sudan and the
states according to established ratios or percentag es
stipulated in this Constitution.
(3) The Fiscal and Financial Allocation and Monitor ing
Commission shall be composed of representatives from the
National Government and the Government of Southern
Sudan and the states as follows:-
(a) three representatives of the national government,
(b) three representatives of Government of Southern
Sudan,
(c) all finance ministers in all states of the Sudan.
(4) The Chairperson of the Fiscal and Financial All ocation and
Monitoring Commission shall be appointed by the Pre sident
of the Republic with the consent of the First Vice President.
(5) The Fiscal and Financial Allocation and Monitor ing
Commission shall set its rules and procedures, which shall
be approved by the Presidency.
(6) The Fiscal and Financial Allocation and Monitor ing
Commission shall quarterly report to the Presidency about
its analysis and findings, confirming that nationally collected
funds are allocated according to sub-Article (2) ab ove;
without prejudice to Article 185 (10) of this Constitution, the
Presidency shall take appropriate remedial action i n case of
failure by the National Treasury to discharge any o f the
functions stipulated in that Article.

86
National Reconstruction and Development Fund

199 There shall be established by the National Trea
sury, a National
Reconstruction and Development Fund having the miss ion of
developing the conflict affected areas and the least developed
areas of Northern Sudan. It shall be managed by a c ommittee
with appropriate representation from such areas and a member
of the Southern Sudan Ministry of Finance. A report on the
income and expenditure for the projects supported by the Fund
shall be tabled before the National Assembly and the Council of
States.
Southern Sudan Reconstruction and Development Fund

200 (1) There shall be established a Southern Sudan Reconstruction
and Development Fund to solicit, raise and collect funds from
domestic and international donors and disburse such funds
for the reconstruction, rehabilitation and construction of the
infrastructure of Southern Sudan, for the resettlem ent and
reintegration of internally and externally displaced persons,
and to address past imbalances in regional developm ent and
infrastructure.
(2) A monitoring and evaluation system shall be est ablished to
ensure accountability, transparency, efficiency, equity and
fairness in the utilization of resources.
(3) The Government of Southern Sudan shall be respo nsible for
expenditure from the fund and shall be entitled to raise
additional funds by way of donation from foreign States,
multilateral organizations or other bodies for the purposes of
the reconstruction and development of Southern Suda n
states. The Fund shall be transparently administered and
professionally managed subject to an oversight by Southern
Sudan Assembly and a committee appointed by the
Government of Southern Sudan but having on it a
representative of the National Ministry of Finance and of the
National Audit Chamber.

87
CHAPTER VI
BANKING
The Dual Banking System

201 (1) The Central Bank of Sudan shall be responsi
ble for the
formulation and conduct of monetary policy. All banking
institutions shall be subject to rules and regulations set by
the Central Bank of Sudan.
(2) A dual banking system shall be established, and shall
consist of an Islamic banking system that shall operate in
Northern Sudan and a conventional banking system to
operate in southern Sudan.
(3) There shall be established the Bank of Southern Sudan as a
branch of the Central Bank of Sudan to provide, inter alia,
conventional banking services.
Restructuring and Management of the Central Bank of Sudan

202 (1) The Central Bank of Sudan shall be restructured so as to
reflect the duality of the banking system in the Sudan. The
Central Bank of Sudan shall use and develop two set s of
banking instruments, one Islamic and the other
Conventional, to regulate and supervise the implementation
of a single monetary policy through:-
(a) an Islamic financing window in Northern Sudan under
a Deputy Governor of the Central Bank of Sudan
using Islamic financing instruments to implement the
national monetary policy in Northern Sudan, and
(b) the Bank of Southern Sudan, headed by a Deputy
Governor of the Central Bank of Sudan, to manage
the conventional window using conventional financin g
instruments in implementing the same national
monetary policy in southern Sudan.
(2) The primary responsibility and mandate of the C entral Bank
of Sudan shall be ensuring price stability, maintaining stable
exchange rate, sound banking system and issuance of
currency. The monetary policy shall rely primarily on market-
based instruments instead of administrative allocat ion of
credit.

88
(3) The Central Bank of Sudan shall be fully inde
pendent in its
pursuit of monetary policy.
(4) There shall be established an independent Board of
Directors for the Central Bank of Sudan, which shall be
responsible to the Presidency. It shall consist of nine
members as follows:-
(a) Governor of the Central Bank of Sudan, Chairperson,
(b) two Deputies, and
(c) six highly qualified Sudanese to be appointed b y the
President of the Republic in accordance with Article 58
(2) (c) herein.
(5) Decisions of Board of Directors on matters that may affect
adversely the interests of the clientele of either banking
window shall be by consensus.
(6) The Governor of the Central Bank of Sudan and h is/her two
Deputies shall be appointed by the President of the
Republic in accordance with Article 58 (2) (c) herein. The
Governor of the Central Bank of Sudan shall appoint , in
consultation with the Board of Directors and his/her two
Deputies, other senior officers within the Central Bank of
Sudan.
(7) The Bank of Southern Sudan shall be responsible for
chartering and supervising financial institutions in southern
Sudan.
(8) All financial institutions shall be subject to internationally
recognized regulatory and prudential standards for Islamic
and conventional finance, as set by the Central Ban k of
Sudan.
(9) All financial institutions shall be bound to im plement
monetary policies set by the Central Bank of Sudan.
Government Borrowing
203 (1) The Government of Southern Sudan and the st ates may
borrow money. Neither the National Government nor the
Central Bank of Sudan shall be required or expected to
guarantee borrowing by sub-national levels of
government.
(2) The Government of Southern Sudan and all sub-na tional
levels of government shall report financial and fiscal data to
the relevant National Government bodies for statist ical
purposes.

89
(3) The Government of Southern Sudan and the states
may
borrow money from foreign sources based on their respective
credit worthiness.
(4) Foreign borrowing by all sub-national levels of government
shall be in a manner that does not undermine nation al
macroeconomic policies and shall be consistent with the
objective of maintaining external financial viability. All foreign
borrowing transactions of sub-national levels of go vernment
shall conform to the Central Bank of Sudan specifications.
CHAPTER VII
ACCOUNTING STANDARDS
Accounting Procedures, Standards and Fiscal Account ability

204(1) All levels of government shall comply with generally accepted
accounting procedures, standards and fiscal account ability to
ensure that public funds are allocated and expended
according to the budget of such level of government.
(2) All levels of government shall hold all incomes and revenues
received in public accounts and subject to public scrutiny and
accountability.
(3) The accounting procedures, standards and fiscal
accountability shall be regulated by law.
National and Southern Sudan Audit Chambers

205 (1) There shall be established an independent National and an
independent Southern Sudan Audit Chambers.
(2) The National Audit Chamber shall set auditing standards for
the whole country and supervise the financial perfo rmance
of the national government, including revenue collection and
expenditure, in accordance with the budgets approve d by
the national and state legislatures.
(3) The President of the Republic, with the approval of a two-
thirds majority of the National Assembly shall appoint the
National Auditor General from qualified professionals, who
shall head the National Audit Chamber and shall tak e oath
before the President of the Republic. The National Auditor

90
General shall not be removed except in the same man
ner in
which he/she is appointed.
(4) The National Audit Chamber shall assume auditin g of the
accounts of the National Executive, the National Legislature,
the National Judiciary and the accounts of northern states,
public institutions, corporations, companies and an y other
institutions as may be determined by law.
(5) The Auditor General shall present an annual rep ort to the
President of the Republic and the National Assembly.
(6) The National Auditor General shall be prohibite d from
engaging in all businesses in which constitutional office
holders are not allowed to engage in pursuant to Article 75
of this Constitution.
(7) The Southern Sudan Audit Chamber shall be estab lished
according to the Southern Sudan Interim Constitution.
(8) The law shall organize the National and Souther n Sudan
Audit Chambers and shall specify the functions, terms and
conditions of service of their employees.

CHAPTER VIII

INTERSTATE COMMERCE
206 (1) Free interstate commerce is guaranteed by this Constitution.
No legislation shall impede interstate commerce, the flow of
goods and services, capital or labour between the states.
(2) There shall be no levies or fees or any other c harges on
interstate trade.

CHAPTER IX
TRANSITIONAL PROVISIONS FOR FINANCE AND BANKING

New Currency
207 (1) The Central Bank of Sudan shall issue a new currency, the
design of which shall reflect the cultural diversity of the
Sudan.

91
(2) Until a new currency is issued on the recommend
ation of the
Central Bank of Sudan, the circulating currencies in Southern
Sudan shall be recognised.
Existing Oil Contracts

208 (1) The Sudan People’s Liberation Movement rep resentatives
appointed to have access to all existing oil contracts, shall
finish their functions and duties which are prescribed by the
Comprehensive Peace Agreement as soon as practicabl e.
(2) The term “existing oil contracts” means contracts signed
before the date of signature of the Comprehensive P eace
Agreement.
(3) The existing oil contracts shall not be subject to re-
negotiation.
(4) If existing oil contracts are deemed to have ca used
fundamental social consequences and environmental
problems the National Government shall implement
necessary remedial measures.
(5) Persons whose rights have been violated by existing oil
contracts shall be entitled to compensation. Upon
establishment of these violations through due legal process,
the parties to the oil contracts shall be liable to compensate
the affected persons to the extent of the damage ca used.
Government Liabilities and Assets

209 (1) Any debt or liability incurred by any level of government
shall be the responsibility of that level of government.
(2) There shall be a fair and equitable division of government
assets. An asset shall in the first instance be allocated to
the level of government responsible for the functio n in
respect of which the asset is related. In the event of a
dispute, such dispute shall be referred to a commit tee
comprising a representative of each of the parties involved
in the dispute and a mutually agreed expert. The decision of
the committee shall be final and binding.

92
PART FOURTEEN
STATE OF EMERGENCY AND DECLARATION OF WAR

Declaration of State of Emergency
210 (1) The President of the Republic, with the co
nsent of the First
Vice President, may upon the occurrence of an immin ent
danger, whether it is war, invasion, blockade, natu ral
disaster or epidemics, as may threaten the country, or any
part thereof or the safety or economy of the same, declare a
state of emergency in the country, or in any part t hereof, in
accordance with this Constitution and the law.
(2) The declaration of a state of emergency shall b e submitted
to the National Legislature within fifteen days of the
issuance of the declaration. When the National Legi slature
is not in session, an emergency session shall be co nvoked.
(3) When the National Legislature approves the decl aration of a
state of emergency, all laws, exceptional orders or
measures issued or taken by the President of the Re public
pursuant to the state of emergency shall continue t o remain
in force.

Powers of the President in the State of Emergency

211 The President of the Republic, with the consent of the First Vice
President, may during the state of emergency take, by virtue of
law or exceptional order, any measures that shall n ot derogate
from the provisions of this Constitution and the Co mprehensive
Peace Agreement except as may be provided herein:-
(a) to suspend part of the Bill of Rights. However , there shall be
no infringement on the right to life, sanctity from slavery,
sanctity from torture, the right of non-discriminat ion on the
basis of race, sex, religious creed, the right in l itigation or the
right to fair trial,
(b) to dissolve or suspend any of the state organs or suspend
such powers, as may be conferred upon the states un der this
Constitution. The President of the Republic with th e consent
of the First Vice President shall assume the functi ons of such
organs and exercise the powers or prescribe the man ner in
which the affairs of the state concerned may be man aged,
(c) to take any such measures as deemed necessary t o the state
of emergency, which shall have the force of law.

93
Duration of the State of Emergency

212 The duration of the measures relating to the st
ate of emergency
shall expire in the following cases:-
(a) lapse of thirty days as from the date of issuan ce of the
declaration if the National Legislature does not ap prove by a
resolution the extension of its duration,
(b) lapse of the duration approved by the National Legislature,
(c) Issuance of a declaration by the President of t he Republic
with the consent of the First Vice President liftin g the state
of emergency.
Declaration of War

213 The President of the Republic, with the consen t of the First Vice
President, shall declare war whenever they decide t hat the
country is under external aggression. Such declarat ion shall be
legally enforceable upon approval by the National L egislature.

94
PART FIFTEEN
CENSUS AND ELECTIONS
CHAPTER I CENSUS
The Population Census Council

214 (1) There shall be established by the Presiden t of the Republic,
after consultation within the Presidency, a Populat ion Census
Council.
(2) The Population Census Council shall:-
(a) plan for the population census,
(b) set standards and criteria for the Central Bure au of
Statistics,
(c) follow-up on the preparations leading to the po pulation
census and oversee the actual census operation,
(d) report to the Presidency regarding the Populati on
Census.

Population Census

215 (1) A population census throughout the Sudan sh all be
conducted and completed by the end of the second ye ar of
the Interim Period.
(2) The Census shall be conducted by the Central Bu reau of
Statistics and the Southern Sudan Centre for Statis tics and
Evaluation.
CHAPTER II
ELECTIONS
Time of Elections

216 General Elections at all levels of government s hall be held not
later than the end of the fourth year of the Interi m Period.

95

Referendum

217 (1) The President of the Republic or the Nation al Assembly, by
resolution passed by more than half of the members, may
refer to referendum any matter of national or publi c interest.

(2) The National Elections Commission shall conduct the
referendum for all the electorate; the subject subm itted to
referendum would achieve the confidence of the peop le by
obtaining more than half of the number of votes cas t.

(3) Any resolution which has achieved the consent o f the people
by referendum shall have authority above any other
legislation. It shall not be annulled save by anoth er
referendum.

Condition for Contesting Election

218 Whoever runs in any elections shall respect, ab ide by and
enforce the Comprehensive Peace Agreement.

96
PART SIXTEEN
SOUTHERN SUDAN RIGHT TO SELF-DETERMINATION

Affirmation of the Right to Self-Determination by t he People of
Southern Sudan

219 The people of Southern Sudan shall have the rig ht to self-
determination through a referendum to determine the ir future
status.
Southern Sudan Referendum Commission

220 (1) A Southern Sudan Referendum Act shall be pr omulgated by
the National Legislature at the beginning of the th ird year of
the interim period.

(2) The Presidency shall, as soon as Southern Sudan
Referendum Act is issued, establish Southern Sudan
Referendum Commission.
The Assessment and Evaluation Commission

221 (1) An independent Assessment and Evaluation Co mmission
shall be established by the President of the Republ ic with the
consent of the First Vice President to monitor the
implementation of the Comprehensive Peace Agreement
during the interim period.

(2) The Commission shall conduct a mid-term evaluat ion of the
unity arrangements established under the Comprehens ive
Peace Agreement.

(3) The Parties to the Comprehensive Peace Agreemen t shall
work with the Commission during the interim period with a
view to improving the institutions and arrangements created
under that Agreement and to make the unity of the S udan
attractive to the people of Southern Sudan.

The Referendum on Self-Determination

222 (1) Six months before the end of the six-year interim period,
there shall be an internationally monitored referen dum, for

97
the people of Southern Sudan organized by Southern
Sudan Referendum Commission in cooperation with the

National Government and the Government of Southern
Sudan,

(2) The people of Southern Sudan shall either:- (a) confirm unity of the Sudan by voting to sustain the
system of government established under the
Comprehensive Peace Agreement and this
Constitution, or
(b) vote for secession.

98
PART SEVENTEEN
MISCELLANEOUS PROVISIONS
Coming into Force

223 (1) This Constitution shall be cited as the In terim National
Constitution of the Republic of the Sudan, 2005; it s Arabic
and English versions are equally official and authe ntic. Any
reference in it to the masculine denotes also refer ence to the
feminine.
(2) Upon the adoption of this Constitution by the N ational
Assembly and the National Liberation Council of the Sudan
People’s Liberation Movement; it shall be submitted to the
President of the Republic accompanied by certificat es of
adoption by each of the said legislatures. It shal l come into
force on the date of signature by the President of the
Republic.

Amendment of the Constitution

224 (1) This Constitution shall not be amended un less the
amendments are approved by three-quarters of all th e
members of each Chamber of the National Legislatur e sitting
separately and only after introduction of the draft amendment
at least two months prior to deliberations.
(2) Any amendment affecting the provisions of the Comprehensive Peace Agreement shall be introduced o nly
with the approval of both Parties signatory to the
Comprehensive Peace Agreement.

Incorporation of the Comprehensive Peace Agreement

225 The Comprehensive Peace Agreement is deemed to have
been duly incorporated in this Constitution; any pr ovisions of
the Comprehensive Peace Agreement which are not exp ressly
incorporated herein shall be considered as part of this
Constitution.

99
Transitional and Miscellaneous Provisions

226. (1) This Constitution is based on the Comprehe
nsive Peace
Agreement and the Constitution of the Republic of t he
Sudan 1998.
(2) The incumbent President of the Republic shall t ake oath of
office before the Chief Justice and assume his duti es by
virtue of this Constitution. The First Vice Preside nt and
President of the Government of Southern Sudan and t he
Vice President shall take oath of office before the President
of the Republic and the Chief Justice and assume th eir
duties in accordance with this Constitution.
(3) Pending the establishment of the executive orga ns
contemplated in this Constitution, the President of the
Republic shall authorize the continuation of the cu rrent
administrations as care-taker administrations. The President
of the Government of Southern Sudan shall, after
consultations, also take necessary measures for the
creation of a care-taker administration in Southern Sudan
and Southern Sudan states, pending the adoption of the
Interim Constitution of Southern Sudan.
(4) For the purposes of this Constitution and the Comprehensive Peace Agreement, the Interim Period s hall
commence as from July 9
th 2005, and any measures taken
or institutions established by the signatories to t he
Comprehensive Peace Agreement pursuant to the same
prior to the adoption of this Constitution shall be deemed to
have been taken or established by virtue of this Co nstitution.
(5) All current laws shall remain in force and all judicial and civil
servants shall continue to perform their functions, unless
new actions are taken in accordance with the provis ions of
this Constitution.
(6) The law shall determine the salaries, emolument s, privileges
and remunerations of the President of the Republic, the two
Vice Presidents, the President of Government of Sou thern
Sudan, the Speakers, members of the National Legisl ature
and all holders of Constitutional posts at the Nati onal,
Southern Sudan and state levels.
(7) The Presidency shall establish an ad-hoc comm ittee to look
into grievances of those retired or dismissed for p olitical
reasons and present its recommendations to the
Presidency.

100
(8) The National Ministry of Justice shall, within
two weeks from
the date of receipt, declare the compatibility of t he Interim
Constitution of Southern Sudan and state constituti ons with
the Interim National Constitution.
(9) This Constitution shall govern the Interim Peri od, subject to
any amendment or review in accordance with Article 224
herein and shall continue in force until a permanen t
constitution is adopted.
(10) If the outcome of the referendum on self-deter mination
favours secession, the parts, chapters, articles, s ub-articles
and schedules of this Constitution that provide for southern
Sudan institutions, representation, rights and obli gations
shall be deemed to have been duly repealed.

101
SCHEDULES

Schedule (A)
National Powers

The exclusive legislative and executive powers of t he national level of
government
shall be as follows:

1 . National Defence, National Security and Protection of the National
Borders;
2. Foreign Affairs and International Representation ;
3. Nationality and Naturalization;
4. Passports and Visas;
5. Immigration and Aliens;
6. Currency, Coinage and Exchange Control;
7. Constitutional Court and other National Courts;
8. National Police (including Criminal Investigation Department – CID,
coordination of international, regional and bilater al criminal matters,
and standards and regulations including the standar ds for training the
police in the National Capital);
9. The fixing of and providing for salaries and all owances of civil and
other officers of the National Government;
10. Postal Services;
11. Civil Aviation;
12. Maritime shipment;
13. Beacons;
14. Navigation and Shipment;
15. National Lands and National natural resources;
16. Central Bank, the Incorporation of National ban ks and issuing of paper
money;
17. Bills of Exchange and Promissory Notes;
18. Weights, Measures and Standards, Dates and Stan dards of Time;
19. Meteorology;
20. Establishment and Maintenance of National Priso ns;
21. National Institutions as envisaged under the Pe ace Agreement or as set
forth in this Constitution;
22. Customs, Excise and Export Duties;
23. Intellectual Property Rights, including Patents and Copyright;
24. National Flag, National Emblem and National Ant hem;
25. Signing of International Treaties on behalf of the Republic of the
Sudan;
26. National Debt and borrowing on public credit;
27. National Census, National Surveys and National Statistics;

102
28. National States of Emergency;
29. International and Inter-State Transport, includ
ing roads, airports,
waterways, harbours and railways;
30. National Public Utilities;
31. National Museums and National Heritage Sites;
32 . National Economic Policy and Planning;
33 . Nile Water Commission, the management of the Nile W aters, trans-
boundary waters and disputes arising from the manag ement of
interstate waters between Northern states and any d ispute between
Northern and Southern states;
34. National information, publications, telecommuni cations regulations;
35. National Taxation and National Revenue Raising;
36. National Budget;
37. Laws providing for National elections and their supervision by the
National Elections Commission;
38. Issuance of National Identity Card.

Schedule (B)
Powers of the Government of Southern Sudan

The exclusive legislative and executive powers of G overnment of Southern
Sudan
shall be as follows:

1. The adoption and amendment of the Constitution of t he Government of
Southern Sudan;
2. Police, Prisons and Wildlife Services;
3. Security and military forces during the Interim Period;
4. Legislation relating to the Government of Southe rn Sudan structures for the
delivery of services at all levels of Government of Southern Sudan;
5. Borrowing of money on the sole credit of the Gov ernment of Southern
Sudan within the national macro-economic policy;
6. Planning for Southern Sudan Government services including health,
education, and welfare, etc;
7. The appointment, tenure and payment of Governmen t of Southern Sudan
(GOSS) officers and civil servants;
8. Development of financial resources for the Gover nment of Southern Sudan;
9. The co-ordination of Southern Sudan services or the establishment of
minimum Southern Sudan standards or the establishme nt of Southern
Sudan uniform norms in respect of any matter or ser vice referred to in
Schedule C or Schedule D, read together with Schedu le E, with the
exception of Item 1 of Schedule C, including but no t limited to, education,
health, welfare, police (without prejudice to the N ational Standards and

103
Regulations), prisons, state public services, such
authority over civil and
criminal laws and judicial institutions, lands, ref ormatories, personal law,
intra-state business, commerce and trade, tourism, environment,
agriculture, disaster intervention, fire and medica l emergency services,
commercial regulation, provision of electricity, wa ter and waste
management services, local Government, control of a nimal diseases and
veterinary services, consumer protection, and any o ther matters referred to
in the above Schedules;
10. Any power that a state or the National Governme nt requests it to exercise
on its behalf, subject to the agreement of the Gove rnment of Southern
Sudan or that for reasons of efficiency the Governm ent of Southern Sudan
itself requests to exercise in Southern Sudan and t hat other level agrees;
11. Referenda in Southern Sudan on matters affectin g Southern Sudan within
the competencies of Southern Sudan Government;
12. Taxation and revenue raising in Southern Sudan;
13. Southern Sudan Budget;
14. Public utilities of Government of Southern Suda n;
15. Government of Southern Sudan flag and emblem;
16. Reconstruction and development of the Southern Sudan;
17. Government of Southern Sudan information, publi cations, media and
telecommunications utilities;
18. Rehabilitation and benefits to disabled war vet erans, orphans, widows and
care for the dependents of deceased war fallen hero es;
19. Any matter relating to an item referred to in s chedule D that cannot be
dealt with effectively by a single state and requir es Government of
Southern Sudan legislation or intervention includin g, but not limited to
the following:-
(1) Matters relating to businesses, trade licenses and conditions of
operation;
(2) Natural resources and forestry;
(3) Town and rural planning;
(4) Disputes arising from the management of interst ate waters within
Southern Sudan;
(5)Fire fighting and ambulance services;
(6) GOSS reformatory institutions;
(7) Firearms licenses within Southern Sudan; and
(8) Government of Southern Sudan recreation and spo rts.
20. Such matters relating to taxation, royalties and economic planning as is
specified in the Agreement on Wealth Sharing;
21. Southern Sudan census and statistics within the competence of the
Southern Sudan Government;
22. Issuance of identity cards within Southern Sud an, driving licenses and
any other appropriate documentation.

104

Schedule (C)
Powers of States
The exclusive executive and legislative powers of a state of the Sudan shall be
as follows:-

1. The Constitution of the state, subject to compli ance with the National
Constitution, and, as relevant, the Constitution of Southern Sudan;
2. State Police, prisons;
3. Local Government;
4. State information, state publications and state media;
5. Social Welfare including state pensions;
6. The Civil Service at the state level;
7. The State Judiciary and administration of justic e at state level including
maintenance and organization of state Courts, and s ubject to national
norms and standards, civil and criminal procedure;
8. State Land and state Natural Resources;
9. Cultural matters within the state;
10. Regulation of religious matters;
11. Internal and external borrowing of money on the sole credit of the state
within the National macro-economic framework;
12. The establishment, tenure, appointment, and pay ment of state officers;
13. The management, lease and utilization of lands belonging to the
state;
14. The establishment, maintenance and management o f reformatory
institutions;
15. The establishment, regulation, and provision of health care, including
hospitals and other health institutions;
16. Regulation of businesses, trade licenses, worki ng conditions, hours,
and holidays within the state;
17. Local works and undertakings;
18. Registration of marriage, divorce, inheritance, births, deaths, adoption
and affiliations;
19. Enforcement of state laws;
20. Statutes enacted under the penal law power, sav e for the penalization
for the breach of National laws relating to the nat ional competencies;
21. The development, conservation and management of state natural
resources and state forestry resources;
22. Primary and secondary schools and education adm inistration in regard
thereto;
23. Laws in relation to agriculture within the stat e;

105
24. Airstrips other than international and national
airports within civil
aviation regulations;
25. Intrastate public transport and roads;
26. Population policy and family planning;
27. Pollution control;
28. State statistics, and state surveys;
29. State referenda;
30. Charities and endowment;
31. Quarrying regulations;
32. Town and rural planning;
33. State cultural and heritage sites, state librar ies, state museums, and
other historical sites;
34. Traditional and customary law;
35. State finances;
36. State irrigation and embankments;
37. State Budget;
38. State archives, antiquities, and monuments;
39. Direct and indirect taxation within the state i n order to raise revenue for
the state;
40. State public utilities;
41. Vehicle licensing;
42. Fire fighting and ambulance services;
43. Recreation and sport within the state;
44. Firearms Licenses;
45. Flag and emblem of the state.

Schedule (D)
Concurrent Powers
The National Government, the Government of Southern Sudan and state
governments, shall have legislative and executive c ompetencies on any of the
matters listed below:-
1. Economic and Social Development in Southern Suda n;
2. Legal and other professions and their associatio ns;
3. Tertiary education, education policy and scienti fic research;
4. Health policy;
5. Urban development, planning and housing;
6. Trade, commerce, Industry and industrial develop ment;
7. Delivery of public services;
8. Banking and insurance;
9. Bankruptcy and insolvency;
10. Manufacturing licenses;

106
11.
Airports, only with respect to the Government of So uthern Sudan in
accordance with Civil Aviation standards and regula tions;
12. River transport;
13. Disaster preparedness, management and relief an d epidemics control;
14. Traffic regulations;
15. Electricity generation and water and waste mana gement;
16. Information, Publications, Media, Broadcasting and Telecommunications;
17. Environmental management, conservation and prot ection;
18. Relief, Repatriation, Resettlement, Rehabilitat ion and Reconstruction;
19. Without prejudice to the National Regulation, a nd in the case of Southern
states, the regulation of Government of Southern Su dan, the initiation,
negotiation and conclusion of International and Reg ional Agreements on
culture, sports, trade, investment, credit, loans, grants and technical
assistance with foreign governments and foreign non -governmental
organizations;
20. Financial and economic policies and planning;
21. Women’s empowerment;
22. Gender policy;
23. Pastures, veterinary services, and animal and l ivestock diseases control;
24. Consumer safety and protection;
25. Residual powers, subject to schedule E;
26. Mother, Child protection and care;
27. Water Resources other than interstate waters;
28. Notwithstanding Schedules A, B and C, such matt ers relating to taxation,
royalties and economic planning;
29. Southern Sudan and state Courts responsible for enforcing or applying
National laws;
30. Such matters relating to taxation, royalties an d economic planning as a
matter or matters in regard to which the Government of Southern Sudan is
accorded concurrent authority;
31. Human and animal drug quality control.
32. Regulation of land tenure, usage and exercise o f rights in land.

107
Schedule (E)
Residual Powers
The residual powers shall be dealt with according t o its nature (e.g., if the
power pertains to a national matter, requires a nat ional standard, or is a matter
which cannot be regulated by a single state, it sha ll be exercised by the
National Government. If the power pertains to a ma tter that is usually
exercised by the state or local government, it shal l be exercised by the state).
Where a matter is susceptible to Southern Sudan reg ulation, in respect of the
states of Southern Sudan, it shall be exercised by the Government of Southern
Sudan.

Schedule (F)
Resolution of Conflicts in Respect of Concurrent P owers

If there is a contradiction between the provisions of Southern Sudan law
and/or a state law and/or a National law, on the ma tters referred in Schedule
D, the law of the level of government which shall p revail shall be that which
most effectively deals with the subject matter of t he law, having regard to:-
(1) The need to recognize the sovereignty of the Na tion while
accommodating the autonomy of Southern Sudan or of the states;
(2) Whether there is a need for National or Souther n Sudan norms and
standards;
(3) The principle of subsidiarity;
(4) The need to promote the welfare of the people a nd to protect each
person’s human rights and fundamental freedoms.

108

Certificate

I hereby certify that the National Assembly has pas
sed the Interim National
Constitution of the Republic of the Sudan 2005, on their 24 th sitting of the
9th session of convention dated 29 Gumad Eloula 14 26 A.H, being the 6 th
July 2005.

Signed

Ahmed Ibrahim Eltahir
Speaker of the National Assembly

109

CERTIFICATE

DATE: 06/07/2005
I, GABRIEL MATHIANG ROK, THE ACTING SPEAKER OF THE
NATIONAL LIBERATION COUNCIL (NLC) OF THE SUDAN
PEOPLE’S LIBERATION MOVEMENT (SPLM);
DO HEREBY CERTIFY THAT THE SPLM NATIONAL LIBERATION
COUNCIL UNANIMOUSLY ADOPTED THE DRAFT INTERIM
NATIONAL CONSTITUTION OF THE REPUBLIC OF THE SUDAN,
2005, AT ITS EXTRA-ORDINARY SESSION;
VIDE ITS RESOLUTION NUMBER 006//2005 DATED THE 6th OF
JULY, 2005, RUMBEK, NEW SUDAN.
GIVEN UNDER MY HAND AND SEAL OF THE NATIONAL
LIBERATION COUNCIL THIS SIXTH DAY OF THE MONTH OF
JULY, 2005.
Hon. Gabriel Mathiang Rok
Speaker of the National Liberation
Council of the Sudan People’s Liberation
Movement (SPLM)
Rumbek – New Sudan

110
TABLE OF CONTENTS

ARTICLE NO TITLE PAGE
PART ONE,
THE STATE, THE CONSTITUION AND GUIDING PRINCIPLES
CHAPTER I
THE STATES AND THE CONSTITUTION

1 Nature of the State
3

2 Sovereignty

3

3 Supremacy of the Interim National Constitution

3

4 Fundamental Bases of the Constitution

3

5 Sources of Legislation
4

6 Religious Right 4

7 Citizenship and Nationality 5

8 Language 5

9 National Symbols 6

10
CHAPTER II
GUIDING PRINCIPLES AND DIRECTIVES
National Economy
6

11 Environment and Natural Resources
6

12 Social Justice

6

13 Education, Science, Art and Culture
7

14 Children, Youth and Sports
7

15 Family, Women and Marriage
8

16 Morals and Public Integrity
8

111

17 Foreign Policy 8

18 Defence of the Country 9

19 Public Health 9

20 Fiscal Levies 9

21 National Reconciliation 9

22 Saving
9
CHAPTER III
DUTIES OF THE CITIZEN

23 Duties of the Citizen
10
CHAPTER IV
THE DECENTRALIZED SYSTEM OF GOVERNACE
24 Levels of Government 10
25 Devolution of Powers 11
26 Inter-Governmental Linkages 11 PART TWO
BILL OF RIGHTS
27 Nature of the Bill of Rights 13
28 Life and Human Dignity 13
29 Personal Liberty 13
30 Sanctity from Slavery and Forced Labour 13
31 Equality before the Law 14
32 Rights of Women and Children 14
33 Sanctity from Torture 14
34 Fair Trail 14
35 Right to Litigation 15
36 Restriction on Death Penalty 15
37 Privacy 15
38 Freedom of Creed and Worship 15
39 Freedom of Expression and Media 15
40 Freedom of Assembly and Association 16
41 Right to Vote 16
42 Freedom of Movement and Residence 17
43 Right to Own Property 17
44 Right to Education 17
45 Rights of Persons with Special Needs and the Eld erly 17

112
46 Public Health Care
17
47 Ethnic and Cultural Communities 18
48 Sanctity of Rights and Freedoms 18

PART THREE
THE NATIONAL EXECUTIVE
CHAPTER I
THE NATIONAL EXECUTIVE AND ITS POWERS
49 Composition of the National Executive 19
50 Powers of the National Executive 19 CHAPTER II
THE PRESIDENCY OF THE REPUBLIC
51 Composition of the Presidency 19
52 The President of the Republic 19
53 Eligibility for the President of the Republic 19
54 Nomination and Election of the President of the Republic 20
55 Postponement of Elections of the President 20
56 Oath of the President 20
57 Tenure of Office of the President of the Republi c 21
58 Functions of the President of the Republic 21
59 Vacancy of the Office of the President of the Re public 22
60 Immunity and Impeachment of the President and th e First
Vice President
22
61 Contesting Acts of the President or the Presiden cy 23
62 The Two Vice Presidents, Assistants and Advisors 23
63 Functions of the Two Vice Presidents 24
64 Vacancy of the Office of the First Vice Presiden t
25
CHAPTER III
INTERIM PROVISIONS FOR THE PRESIDENCY OF THE REPUBLIC

65 The Incumbent President and the First Vice Presi dent 24
66 Vacancy of the Office of the President Before El ections 25
67 Vacancy of the Office of the President After Ele ctions 25
68 Vacancy of the Office of the First Vice Presiden t Before
Elections 26

69 Interim Provisions for Tenure of Office of the Pres
ident and
the First Vice President
26

113

CHAPTER IV
THE NATIONAL COUNCIL OF MINISTERS

70 Composition and Competences of the National Council
of
Ministers
26

71 Oath of the National Minister
27

72 Functions of the National Council of Ministers
28

73 Functions of the National Minister
28

74 Collective and Individual Responsibility of Nationa
l
Ministers
28

75 Declaration of Wealth and Prohibition of Private Bu
siness
28

76 Vacancy of the Office of the National Minister
29

77 Confidentiality of Deliberations of the National Co
uncil of
Ministers
29

78 Contesting Ministerial Acts
29
CHAPTER V
THE GOVERNMENT OF NATIONAL UNITY

79 Objectives of the Government of National Unity 29

80 Allocation of Seats of Government of National Unit
y 30

81 Sharing of National Ministerial Portfolios 30

82 Duties of the Government of National Unity 30
PART FOUR
THE NATIONAL LEGISLATURE CHAPTER I
COMPOSITION AND FUNCTIONING OF THE NATIONAL LEGISLATURE

83 Composition of the National Legislature
32

114

84 Composition of the National Assembly
32

85 Composition of the Council of States
32

86 Eligibility for Membership of the National Legislat
ure
33

87 Lapse of Membership of the National Legislature
33

88 Seat of the National Legislature
34

89 Oath of Member of the National Legislature
34

90 Term of the National Legislature
34

91 Functions of the National Legislature
34

92 Immunity of Members of the National Legislature

36

93 Sessions of the National Legislature
37

94 Officers of the National Legislature
37

95 Committees of the National Legislature
38

96 Regulations of the National Legislature
38

97 Quorum
38

98 Publicity of Sittings of the National Legislature
38

99 Passing Legislative Resolutions
38

100 Prerogative of Members of the National Legislature

39

101 Address by the President of the Republic
39

102 Addresses by the Two Vice Presidents and Statements
by
National Ministers and Governors
39

103 Addressing Questions by Members of the National
Legislature
39

104 Requesting Statements
40

115

105 General Summons
40

106 Tabling of Bills
40

107 Procedures for Presentation and Consideration of Bi
lls
40

108 Assent of the President of the Republic
41

109 Provisional Orders
41

110 Allocation of Resources and Revenues Bill
42

111 National Budget Bill
42

112 Private Member Financial Bills
42

113 Provisional and Supplementary Financial Measures
43

114 Final Accounts
44

115 Delegation of Powers of Subsidiary Legislation
44

116 Validity of the Proceedings of the National Legisla
ture
44
CHAPTER II
INTERIM PROVISIONS FOR THE NATIONAL

LEGISLATURE

117 Composition of National Legislature Prior to Electi
ons
45

118 Interim Provisions for Tenure of the National Legis
lature
45

PART FIVE
THE NATIONAL JUDICIAL ORGANS
CHAPTER I
THE CONSTITUTIONAL COURT

119 Establishment of the Constitutional Court
46

120 Appointment of the President of the Constitutional
Court and
Vacancy of Office
46

121 Justices of the Constitutional Court
47

116

122 Competence and Jurisdiction of the Constitutional C
ourt
47
CHAPTER II
THE NATIONAL JUDICIARY

123 The National Judicial Authority
48

124 The Structures of the National Judiciary
48

125 The National Supreme Court
48

126 National Courts of Appeal
49

127 Other National Courts
49

128 Independence of Justices and Judges
49

129 The National Judicial Service Commission
49

130 Appointment of Justices, Judges and their Terms and

Conditions of Service
50

131 Discipline of Justices and Judges
50

132 Appointment of Justices and Judges of Southern Suda
n
50
PART SIX
PUBLIC ATTORNEYS AND ADVOCACY

133 Public Attorneys
51

134 Advocacy
51
PART SEVEN
THE NATIONAL CIVIL SERVICE
PRINCIPLES AND GUIDELINES FOR THE NATIONAL
EMPLOYEES

135 The National Civil Service
52

136 Guidelines for Inclusiveness in the National Civil
Service

52

117

137 The National Civil Service Commission
52

138 Interim Tasks of the National Civil Service Commiss
ion
53

139 National Employees Justice Chamber
53
PART EIGHT
INDEPENDENT NATIONL INSTITUTIONS AND COMMISSIONS
[

140 The National Constitutional Review Commission
54

142 Human Rights Commission
55

PART NINE
ARMED FORCES, LAW ENFORCENEBT AGENCIES AND NATIONAL SECURITY
CHAPTER I
THE
NATIONAL ARMED FORCES

144 Status of Forces 57
145 Joint/Integrated Units 57
146 Command and Control of Joint / Integrated Units and
Coordination Between the Armed Forces 58
147 The Permanent Ceasefire 58
CHAPTER II
THE LAW ENFORCEMENT AGENCIES

148 The Police 58
149 Prisons and Wildlife Services 59 CHAPTER III
THE NATIONAL SECURITY COUNCIL
150 The National Security Council 59
151 The National Security Service 60

118

PART TEN
THE NATIONAL CAPITAL
152 The National Capital 61
153 Administration of the National Capital 61
154 Respect for Human Rights in the National Capita l 61
155 Law Enforcement Agencies in the National Capita l 61
156 Dispensing Justice in the National Capital 61
157 The Non-Muslims Rights Special Commission 62
158 Mechanism for Guarantees 62
PART ELEVEN
GOVERNMENT OF SOUTHERN SUDAN
CHAPTER I
ESTABLISHMENT OF GOVERNMENT OF SOUTHERN SUDAN

159 Organs of the Government of Southern Sudan 63
160 Interim Constitution of Southern Sudan 63
161 The Powers of the Government of Southern Sudan 63
162 Primary Responsibilities of the Government of S outhern
Sudan 63

CHAPTER II
THE EXECUTIVE OF SOUTHERN SUDAN
163 The President of the Government of Southern Sud an 64
164 The Vice President of the Government of Souther n Sudan 64
165 Southern Sudan Council of Ministers 64
166 Accountability of Southern Sudan Council of Min isters 65
167 Special Obligations of the Government of Southe rn Sudan 65
168 Southern Sudan Independent Institutions and Com missions 65
CHAPTER III
THE LEGISLATURE OF SOUTHERN SUDAN
169 Establishment of Southern Sudan Legislative Ass embly 65
170 Assignment of Powers to the Government of South ern Sudan 66
171 Powers of Southern Sudan Assembly 66 CHAPTER IV
THE STRUCTURE OF THE JUDICIARY OF SOUTHERN SUDAN
172 The Structure of the Judiciary of Southern Suda n 66

119
173 The Supreme Court of Southern Sudan 67
174 Competences of the Supreme Court of Southern Su
dan 67

CHAPTER V
INTERIM PROVISIONS FOR SOUTHERN SUDAN
175
176 Justices and Judges of Southern Sudan
Interim Provisions for Southern Sudan 68
68

PART TWELVE
THE STATES AND ABYEI AREA
177 States of the Sudan 70
178 State Organs 70
179 State Executive 70
180 State Legislature 71
181 State Judiciary 72
182 Southern Kordofan and Blue Nile States 72
183 Abyei Area 73
184 Interim Provisions for States 73
PART THIRTEEN
FINANCE AND ECONOMIC MATTERS
CHAPTER I
185 Guiding Principles for Equitable Sharing of Res ources and
Common Wealth 75
CHAPTER II
LAND RESOURCES
186 Land Regulation 76
187 National land Commission 76
188 Southern Sudan Land Commission 77
189 Cooperation Between National and Southern Sudan land
Commissions 78

CHAPTER III
DEVELOPMEN AND MANAGEMENT OF THE PETROLEUM SECTOR
190 The Framework for Petroleum Management 78
191 National Petroleum Commission 79
CHAPTER IV
SOURCES OF REVENUE

192
193
Sharing Oil Revenue
Sources of National Revenue
81
82

120
194 Sources of Southern Sudan Revenue 83
195 Sources of States Revenue 83
196 Southern Sudan Non-Oil Revenue Allocation 84

CHAPTER V
FISCAL AND FINANCIAL MECHANISMS
197 National Revenue Fund 84
198 Fiscal and Financial Allocation and Monitoring Commission 84
199 National Reconstruction and Development Fund 86
200 Southern Sudan Reconstruction and Development F und 86

CHAPTER VI BANKING
201 The Dual Banking System 87
202 Restructuring and Management of the Central Ban k of Sudan 87
203

Government Borrowing 88

CHAPTER VII
ACCOUNTING STANDARDS
C
c

204
Accounting Procedures, Standards and Fiscal Accountability
89
205 National and Southern Sudan Audit Chambers 89
CHAPTER VIII
INTERSTATE COMMERCE
206 Interstate Commerce
90
[
CHAPTER IX
TRANSTIONAL PROVISIONS FOR FINANCE AND BANKING
207 New Currency 90
208 Existing Oil Contracts 91

209
[
Government Liabilities and Assets 91

PART FOURTEEN
STATE OF EMERGENCY AND DECLATATION
OF WAR
210 Declaration of State of Emergency 92
211 Power of President in the State of Emergency 92
212 Duration of the State of Emergency 93
213 Declaration of War 93

121

PART FIFTEEN
CENSUS AND ELECTIONS

CHAPTER I CENSUS

214 The Population Census Council 94
215 Population Census 94

CHAPTER II ELECTIONS

216 Time of Elections 94
217 Referendum 95
218 Condition for Contesting Election 95

PART SIXTEEN
SOUTHERN SUDAN RIGHT TO SELF- DETERMINATION
219 Affirmation of the Right to Self-Determination by the People
of Southern Sudan 96
220 Southern Sudan Referendum Commission 96
221 The Assessment and Evaluation Commission 96
222 The Referendum on Self-Determination 96
PART SEVENTEEN
MISCELLANEOUS PROVISIONS
223 Coming Into Force 98
224 Amendment of the Constitution 98
225 Incorporation of the Comprehensive Peace Agreem ent 98
226 Transitional and Miscellaneous Provisions 99

SCHEDULES
Schedule (A) National Powers 101
Schedule (B)
Powers of the Government of Southern Sudan 102
Schedule (C)
Powers of States 104
Schedule (D)
Concurrent Powers 105
Schedule (E)
Residual Powers 107
Schedule (F)
Resolution of Conflicts in Respect of Concurrent Po wers
107

122