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- Year: 1998
- Country: Sudan
- Language: English
- Document Type: Domestic Law or Regulation
THE CONSTITUTION OF THE REPUBLIC OF THE SUDAN 1998
THE STATE AND THE DIRECTIVE PRINCIPLES
Nature of the State
1. The State of Sudan is an emb racing homeland, wherein races a nd cultures coalesce and religions
conciliate. Islam is the religion of the majority of the population. Christianity and customary creeds
have considerable followers.
Decentralized authority of the State
2. The Sudan is a federal republic, the supreme authority thereof is based on the federal system,
drawn by the Constitution as a national center and States, and ad ministered at the base by local
government in accordance with the law, to en sure popular participation, consultation and
mobilization, and to provide justice in the distribution of power and wealth.
3. Arabic is the official language in the Republic of the Sudan; and the State shall allow the
development of other local and international languages.
Supremacy and sovereignty
4. Supremacy in the State is to God the creator of human beings, and sovereignty is to the vicegerent
people of the Sudan who practice it as worship of God, bearing the trust, building up the country and
spreading justice, freedom and public consultation. The Constituti on and the law shall regulate the
Flag, emblem, medals and national festivals
5. The law shall specify the flag, the emblem, medals and national festivals of the State.
6. The country is united by the spirit of allegiance, in conciliation between all the people, and co-
operation for the distribution of national power and wealth in justice and without grievance. The
State and the society shall strive to entrench the sp irit of conciliation and national unity between all
the Sudanese for aversion of religio us, partisan, and sectarian fanaticism, and eradication of racism.
Defence of the country
7. Defence of the country is an ho nour and strife for its cause is a duty. The State shall attend to the
regular and popular forces defending the security and integrity of the country, care for the
combatants afflicted in war and the families of martyrs.
8. The State shall promote the development of national economy and guide it by planning on the
basis of work, production and free market, in a manner fending off monopoly, usury and fraud, and
strive for national self-sufficiency for the ac hievement of affluence and bounty and endeavour
towards justice among states and regions.
9. Natural resources under or on the surface of the earth and in the territorial waters is public
property regulated by law; and the State shall provide plans and appropriate conditions for the
development of the financial and human reso urces necessary for utilizing such wealth.
Zakat and fiscal levies
10. Zakat is a financial duty, levied by the State, and the law shall regulate the manner of collection,
expenditure and management thereof. Trusts, ch arities and self-aid are voluntary resources
encouraged by the State and regulat ed by law, which as well regulates in a fair manner taxes, fees
and other levies.
Social justice and mutual aid
11. The State shall give due regard to social justice and mutual aid in order to build the basic
components of the society, to provide the highest standard of good living for every citizen, and to
distribute national income in a just manner to prevent serious di sparity in incomes, civil strife,
exploitation of the enfeebled and to care for the aged and disabled.
Sciences, art and culture
12. The State shall enlist offici al capabilities and mobilize popular forces for the purpose of
eradicating illiteracy and ignorance and intensifying the systems of education, shall strive to
encourage sciences, scientific research and experi mentation and facilitate acquiring the same, and
shall as well strive to encourage all form of art an d strenuously seek to elevate society towards values
of religiousness, piety and good deeds.
Public health, sports and environment
13. The State shall promote public health, encourag e sports and protect the environment, in its
purity and natural balance, in pursuance of safety and sustainable development for the benefit of
Children and youth
14. The State shall care for children and youth and protect them against exploitation and physical
and spiritual neglect, and shall di rect policies of education, moral care, national guidance and
spiritual cleansing to grow a good generation.
Family and women
15. The State shall care for the in stitution of the family, facilitate marriage and adopt policies to
purvey progeny, child upbringing, pregnant wome n and mothers. The State shall emancipate women
from injustice in all aspects and pursuits of life an d encourage the role thereof in family and public
Morals and unity of the society
16. The State shall endeavour by la w and directive policies to purge society from corruption, crime,
delinquency, liquor among Muslims, and to promot e the society as a whole towards good norms,
noble customs and virtuous morals, and towards such as may encourage the individual to actively
and effectively participate in the life of society and guide the same towards rallying those around him
for good collective gain, solidarity and fraternity by the firm divine cord in a way that preserves
unity of the country, stability of governance and pr ogress towards civilized renaissance and higher
17. The foreign policy of the Republic of the Su dan shall be conducted in dignity, independence,
openness and interaction for the purpose of deliv ering the message of sublime principles, and
achieving the higher interests of the country and humanity at large. That is by striving in particular
to consolidate international pe ace and security, promoting meas ures for peaceful settlement of
international disputes, and encouraging co-operation in all the fiel ds of life with all States. And that
is by observing the right of neighborhood, non- intervening by aggression in the internal affairs of
others; respecting fundamental ri ghts, freedoms and ideal religious duties and virtues towards
mankind, sustaining dialogue of doctrines and civilizations, exchanging benefits, and establishing the
international systems on the basis of justice, decisive consultation, rightness and human unitarity.
18. Those in service in the State and public life shall envisage the dedication thereof for the worship
of God, wherein Muslims stick to the scripture and tradition, and all shall maintain religious
motivation and give due regard to such spirit in plans, laws, policies and official business in the
political economic, social and cultural fields in or der to prompt public life towards its objectives, and
adjust them towards justice and up-rightness to be directed towards the grace of God in The
Observance of directive principles
19. The directive principles are general objectives which State organs and employees seek and are
means that are guided by. They are not defined rules controlled by constitadjudication; however,
they are principles that the executi ve organ is guiby in its projects and are observed by the legislative
organ in laws, recommendatio ns and control measures, and for wh ich, would aim all who are in the
service of the State
LEADERSHIP AND EXEC TIVE POWER U CHAPTER I PRESIDENCY OF THE REPUBLIC
The President of the Republic
36 .The Republic of the Sudan shall have a President elected by the people.
Conditions of eligibility for nomination for the Presidency
37. It shall be required for eligibility for nomination for the Pres idency of the Republic, that the
candidate shall be:-
(b) of sound mind;
(c) At least forty years of age;
(d) not previously for the last seven years convic ted of an offence involving honour or honesty.
Nomination and election
38. (1) Every member of the electorate may nominate whoever he deems fit for the Presidency of
the Republic; provthat the candidate shall be seconded in accordance with the law.
(2) The winning candidate for the President’s offi ce is the one who obtains the highest number of
votes; provided that the votes shall be more than fifty percent of the tota l votes of the polling
(3) Where the percentage mentioned in Sub-article (2) has not been achieved, polling shall be
repeated between the two candidates wh o have obtained highest number .
Postponement of the elections of the Presidency of the Republic
39.Where the election of the President of the Re public is not possible for any compelling reasons
as decided by the General Elections Board it sha ll as urgently as possible return to elections, and
in the mean-time the incumbent President of the Republic shall continue as President and his
tenure shall automatically be extended pending co nducting the elections and until taking by the
elected President of the oath of assumption of office.
Oath of assuming the Presidency of the Republic
40.The elected President of the Republic shall ta ke, before assuming office, before the National
Assembly, the following oath-
” I swear by Almighty God, to assume the P residency of the Republic in the worship and
obedience of God, performing my duties diligentl y and honestly and striving for the renaissance
and progress of the country, detached of any fanati cism or personal fancy; and swear by Almighty
God to respect the Constitution, the law and the consensus of public opinion, and accept public
consultancy and advice, and God to what I say is witness”.
Term of office of the Presidency of the Republic
41.The term of office of the Pres ident of the Republic shall be five years, commencing from the
date of his assumption of office, and the same President may be re-elected for another term only.
Vacation of the office or absence of the President of the Republic
42. (1) The office of the President of the Republic shall fall vacant in any of the following cases :
(a) expiry of the term of office;
(c) disabling mental or physical infirmity by resolution of the National Assembly;
(d) removal from office in accordance with the provisions of the Constitution;
(e) acceptance of his resignation by the National Assembly.
(2) If the President of the Republic is absent or his office falls vacant, his first Vice-President shall
temporarily assume the functions of the Presidency of the Republic pending the return of the
President or the election of a new President.
(3) Upon vacation of office of the President, elections for the Pres idency of the Republic shall be
conducted within a period of sixty days of such date.
Functions of the President of the Republic
43.The President of the Republic shall represent government and the supreme sovereignty of the
land. He shall stand as the supreme commander of the people’s armed forces and other regular
forces, have competence as to maintenance of the security of the country against dangers,
preserving its integrity and mission and supervisin g the foreign relations thereof. He supervises
the process of justice and public morals, cares fo r constitutional institutions and mobilize the
enhancement of public life. He shall, in this respect, in accordance with provisions of the
Constitution and the law, have the following functions and powers, to:-
(a) appoint holders of constitutional federal posts;
(b) preside over the Council of Ministers;
(c) declare war in accordance with the provi sions of the Constitution and the law;
(d) declare the state of emergency in accordance with the provisions of the Constitution and the
(e) have the right to initiate draft constitution al amendments, legislations and sign the same;
(f) approve death sentences, and grant pardon, remit conviction or penalty;
(g) represent the State in its foreign relations with States and international organizations, appoint
the ambassadors from the State, and accr edit the ambassadors dispatched thereto;
(h) generally represent the authority of the Stat e and the people’s will before the public opinion
and in public occasions; any other functions as may be prescribed by the Constitution or the law.
The two Vice-Presidents of the Republic and assistants
44 .The President of the Republic shall appoint tw o vice- Presidents having the same qualification
of the President, and appoint assistants and advi sers, and define their seniorities and functions.
Each one of them shall take before the President the oath taken by the President.
Criminal responsibility of the President of the Republic
45. The criminal responsibility of the Presiden t of the Republic shall be as follows :
(a) no criminal proceedings shall be initiated agains t him save by a permission to be issued by the
National Assembly in writing;
(b) the proceedings provided for in paragraph (a ) shall be initiated before the Constitutional
(c) any decision of criminal conviction shall be su bmitted to the National Assembly to take such
action with respect to the same, as they may deem appropriate;
(d) the Assembly may, by the majority of two -thirds of members remove the President of the
Republic form office in case of conviction of the offence of treason or any other offence involving
honour or honesty.
Contesting acts of the Pr esident of the Republic
46.Any person aggrieved by the acts of the P resident of the Republic, may contest the same :
(a) before the Constitutional Court where the contest is aimed at any excess against the
constitutional federal system or constitu tional rights, freedoms or sanctities;
(b) before a court where the contest is aimed at excess against the law.
THE FEDERAL EXECUTIVE AUTHORITY
The Council of Ministers
47. (1) There shall be established a Council of Ministers of a number to be appointed by the
President of the Republic.
(2) The Council of Ministers sha ll have the supreme federal executive authority in the State in
accordance with the provisions of the onstitution and the law, and the decisions thereof shall be
adopted by consultation and unanimity; and where not possible by majority , and the decisions
thereof shall prevail over any other executive measures.
Oath of the minister
48.The Minister shall upon his appointment and befo re assuming the functions of his office take
the following oath before the President of the Republic :
” I swear by Almighty God, to a ssume my office as a minister in th e worship and obedience of God,
performing my duties diligently and honestly and striving for the order and progress of the
country, detached of any fanaticism or personal fancy; and swear by Almighty God, to respect the
Constitution and the law and accept consultancy and advice, and God to what I say is witness.”
Functions and powers of the Council of Ministers
49.The Council of Ministers shall have the following functions and powers:-
(a) general planning for the procession of authority, objectives, stages and measures of the State;
(b) approval of the higher policies of any federal ministry or ministerial sector;
(c) assuming the executive and administrative busin ess of any ministry or ministerial sector as
may be provided by law or the decision of the Council;
(d) initiation of draft intern ational conventions and agreements, legislativ e bills, provisional
decrees, general budgets and any such measures as may be submitted to the National Assembly;
(e) requiring reports about ministerial executive performance and qu estioning of a minister in the
light of the reports thereof or the policies of the Council of Ministers;
(f) requiring reports on States’ executive perf ormance for enlightenment and co-ordination with
respect to any State and for check and decision on matters that are concurrent or delegated by the
(g) making regulations to organize its work;
(h) performing any public politic al role by statement or mobilization of the movement of the
people for objectives of the public policy and public life;
(i) any other functions or powers conferred thereupon by law.
Functions of the minister
50. (1) The Minister shall have functions and powers by law or delegation.
(2) The Minister shall be the highest responsible au thority in his ministry, and his decisions shall
prevail therein. The Council of Ministers may amend or cancel the same.
(3) The President of the Republic may suspend the decision of a minister pending submitting the
same to the Council of Ministers.
(4) There shall be between a federal and State’s mi nister a relation of co- ordination, co-operation
and complementation of the federal and State’s roles.
Several and joint responsibiof
51. (1) The Minister shall be responsible for the bus iness of his ministry to the President of the
Republic, the Council of Ministers and the National Assembly.
(2) Ministers shall be jointly responsible for the executive performance to the National Assembly.
Prohibition of commercial business
52.The President of the Republic, any of his vice- Presidents, assistants or advisers and the
minister shall not during their tenure practice any private professi on or commercial business with
Vacancy of the office of minister
53.The office of minister shall fall vacant in any of the following cases:
(a) acceptance of resig nation by the President of the Republic;
(b) relief from office by a decision of the President of the Republic;
Secrecy of the deliberations of the Council of Ministers
54. Deliberations of the Council of Ministers sh all be confidential; and whatever goes in the
sittings shall not be disclosed ou tside, save upon permission.
Contesting ministerial acts
55.An aggrieved person may contest any of the acts of the federal Council of Ministers or a
(a) before the Constitutional Court in any contes t of excess against the constitutional federal
system or the constitutional f reedoms, sanctities and rights;
(b) before a court in any contest of excess against the law.
THE STATES’ EXECUTIVE AUTHORITY
THE GOVERNOR AND THE COUNCIL OF MINISTERS
The Governor – eligibility and election
56. (1) There shall be a Governor for each State, elected by the people in the State in accordance
with the Constitution and the law.
(2) There shall be required for whoe ver is a candidate for the office of the Governor, the same
conditions of eligibility of a candidate for the Presidency of the Republic.
(3) There shall be established a nomination college for the office of the Governor to be composed
of members of the National Assembly, as deputies from State, members of the States’ Assembly
and chairmen of localities in the St ate to present to the President of Republic a list of nomination
for governorship of not less than six candidates, be fore sixty days of the expiry of the term of the
(4) The President of the Republic shall select th ree candidates form the list and submit them to the
General Elections Board for decision as to their eligibility for the office, and they shall be the
candidates who shall be presented fo r general elections in the State.
(5) The winning candidate for assumption of Governor’s office shall be the one who obtained more
than fifty percent of the total number of votes cast.
(6) Where the percentage mentioned in Sub-article (5) is not obtained, polling shall be repeated
between the two candidates who have obta ined the highest number of votes.
Postponement of the Governor’s elections
57. Where conducting the election of a Governor is not possible for any compelling reasons as
decided by the General Elections Board, the Pres ident of the Republic may appoint a Governor
for the State pending the cessation of such reasons by a decision of the General Elections Board.
Oath of assumption of office of Governor
58.The elected Governor shall before assuming office take befo re the President of the Republic the
oath of the same text of oath of assump tion of the Presidency of the Republic.
Term of office of the Governor
59 .The term of office of the Governor shall be four years commenci ng as from the date of his
assumption of office, and th e same Governor may be re- elected for another term only.
Vacancy of office, or absence of the Governor
60. (1) The office of the Governor shall fall vacant in any of the following cases :-
(a) expiry of the term of office;
(c) disabling mental or physical infirmity by resolution of the State Assembly;
(d) removal from office in accordance with the provisions of the Constitution;
(e) acceptance of his resignation by the President of the Republic.
(2) If the Governor is absent or his office falls vacant, his deputy shall temporarily assume the
functions of office pending the return of the G overnor or the election of the new Governor.
(3) Upon the Governor’s office falling vacant, elect ions shall be conducted for the new Governor
within a period of sixty days of such date.
Functions of the Governor
61. The Governor shall have the following functions, to:-
(a) appoint ministers of the State after consultation with the President of the Republic;
(b) preside over the State Council of Ministers;
(c) supervise generally the security of the state and co-ordinate its good administration;
(d) represent the State .
Individual responsibility of the Governor
62.The Governor shall individually be resp onsible to the President of the Republic.
Criminal responsibility of the Governor
63.Provisions of the criminal responsibility of the President of the Republic shall apply to the
Governor’s criminal responsibility, except that the State Assembly takes the place of the National
The Council of Ministers
64. (1)There shall be established a council of ministers for the State.
(2) There shall apply to the State’s executive authority the provisions set out in Articles 47(2), 48
and 49, save initiating draft in ternational conventions and agreement s and that it only assumes the
affairs of the State and submits legi slative bills to the State Assembly.
(3) Powers of the State minister shall be the same po wers of the federal minister set out in Article
50, Sub-articles (1), (2) and (3), except that the Governor takes the place of the President of the
(4) There shall apply to the State’s executive authority the provisions set out in Articles 50 to 55,
except that the Governor takes the pla ce of the President of the Republic
PART I I
FREEDOMS, SANCTITIES, RI HTS AND DUTIES G CHAPTER I FREEDOMS, SANCTITIES AND RIGHTS
Freedom and sanctity of life
20. Every human being shall have the right to life, freedom, safety of person and dignity of honour
save by right in accordance with the law; and he is free of subjection to slavery, forced labour,
humiliation or torture.
Right to equality
21. All people are equal before th e courts of law. Sudanese are equal in rights and duties as
regards to functions of public life; and there shall be no discrimination only by reason of race, sex
or religious creed. They are equal in eligibility fo r public posts and offices not being discriminated
on the basis of wealth.
Sanctity of nationality
22. Every person born to a Sudanese mother or father shall have a non-alienable right to enjoy the
country’s nationality and its rights and bear its obligations. Whoever is brought up or is resident
in the Sudan for several years shall have the right to nationality as regulated by law.
Freedom and right of movement
23. Every citizen shall have the right of freedom of movement, residence in, exit from and entry
into the country; and his freedom shall not be restricted save under safeguards of the law.
Freedom of creed and worship
24. Every human being shall have the right of freedom of conscience and religious creed, and he
shall have the right to declare his religion or creed, and manifest the same by way of worship,
education, practice or performance of rites or ceremonies; and no one shall be coerced to adopt
such faith, as he does not believe in, nor to practice rites or services he does not voluntarily
consent to; and that is without prejudice to the right of choice of religion, injury to the feelings of
others, or to public order, all as may be regulated by law.
Freedom of thought and expression
25. There shall be guaranteed for citizens the freedom of pursuing any science or adopting any
doctrine of opinion or thought without coercion by authority; and there shall be guaranteed the
freedom of expression, reception of information, publication and the press without prejudice
Security, order, safety and public morals, all as regulated by law.
Freedom of association and organization
26. (1) Citizens shall have the right of association and organization for cultural social, economic,
professional or trade union purposes without restriction save in accordance with the law.
(2) There shall be guaranteed for ci tizens the right to organize political association; and shall not
be restricted save by the condition of consul tative decision making and democracy in the
leadership of the organization, and use of propagation not material force in competition and
abiding by the fundamentals of the Constitution, that as regulated by law.
Sanctity of cultural communities
27. There shall be guaranteed for every community or group of citizens the right to preserve their
particular culture, language or religion, and rear children freely within the framework of their
particularity, and the same sha ll not by coercion be effaced.
Sanctity of earning and property
28. (1) Every person shall have his right to acquire property and knowledge, and shall enjoy the
privacy of his earning; and there sh all be no expropriation of whatever he has gained of livelihood,
property, land, invention, or manual, scientific, liter ary or artistic production, save by such law as
may charge him with the tax of co ntribution for public need or public interest in consideration of
(2) No taxes, fees, or other fiscal dues shall be levied save by law.
Inviolability of communication and privacy
29. (1) There shall be guaranteed for citizens the freedom and secrecy of communication and
correspondence; and the same shall neither be tapped nor perused s ave upon controls provided by
(2) All privacies of a human being in residence, liv ings, effects and family shall be inviolabilities
not to be infringed save upon permission or by law.
Immunity against detention
30. A human being is free. He shall neither be a rrested, detained, nor confined, save by such law
that shall require stating the charge, the duration of detention, facilitation of release and respect
for dignity in treatment.
Right and sanctity in litigation
31. The right to litigate shall be guaranteed for a ll persons and no one shall be denied the right to
sue or shall be involved in a criminal or civil litigation save in accordance to the procedures and
rules of law.
Right of innocence and defence
32. No person shall be incriminated or punished for an act save in accordance with a prior law
incriminating the act and punishing therefor . A p erson accused of an offence shall be innocent
until his conviction is judicially proved; and he sh all have the right to a prompt and fair trial and
to defend himself and choose whoever may represent him in defence.
Sanctity from death save in justice
33. (1) No death penalty shall be inflicted, save as retribution or punishment for extremely serious
offences by law.
(2) No death penalty shall be inflicted for offen ces committed by a person under eighteen years of
age; and such penalty shall be executed upon neit her pregnant nor suckling women, save after two
years of lactation; nor shall the same be inflicted upon a person who passed seventy years of age
other than in retribution and prescribed penalties (hudud).
Protection of freedoms, sanctities and rights
34. Every aggrieved person who has exhausted means of grievance and complaint to the executive
and administrative organs, shall have the right of access to the Constitutional Court to protect the
freedoms, sanctities and rights set out in this Chapter; and the Constitutional Court may
according to due process exercise the power to annul any law or order that contravenes the
Constitution and restore the right to the aggrieved or compensate him for damage sustained .
CHAPTER II PUBLIC DUTIES AND OBSERVANCE THEREOF
35. (1) Every citizen shall:
(a) owe allegiance to the Republic of the Sudan not to an enemy thereof;
(b) defend the country and respond to the call for national defence and national service;
(c) respect the Constitution and the law, revere and obey legitimate institutions abiding by legal,
financial and practical obligations;
(d) safeguard public funds, property and ut ilities and avert corruption and sabotage;
(e) wield best opinion, tender public counsel, enjoin commendable and forbid reprehensible;
(f) care for the sanctities of society and its pub lic interests, preserve a pure environment, good
morals and justice;
(g) quest for the earning of a living, genera l development, co-operation in charity and
participation in the duty of national production;
(h) exercise rights and freedoms guaranteed for him in the good guidance of public work and for
selecting leaderships for the
community and the State.
(2) The duties of a citizen shall be a general oblig ation observed by conscience and by the vigilant
society. They are the source of policies and legi slations upon which a legal obligation secured by
sanction may be imposed
THE LEGISLATIVE POWER
Sources of legislation
65. Islamic law and the consensus of the nation, by referendum, Constitution and custom shall be the
sources of legislation; and no le gislation in contravention with th ese fundamentals shall be made;
however, the legislation shall be guided by the nation’s public opinion, the learned opinion of
scholars and thinkers, and then by the decision of those in charge of public affairs.
66. (1) The President of the Republic or the Nation al Assembly by resolution of half the members
may refer to referendum any matter that expresses hi gher values, the national will or public interests.
(2) The General Elections Board shall conduct the referendum of all the electorate, and the subject
submitted for referendum would achieve the confiden ce of the people by obtaining more than half
the number of votes cast.
(3) Any resolution which has achieved the consent of the people by referendum shall have authority
above the law. Thus, it shall not be annulled save by another referendum or by a resolution of two-
thirds of the members of the National Assembly.
THE FEDERAL LEGISLATIVE AUTHORITY
THE NATIONAL ASSEMBLY
The National Assembly – Composition
67. (1) There shall be established an elected National Assembly to assume the legislative authority
and any other powers by vi rtue of the Constitution.
(2) The National Assembly shall be composed of a number of members, elected by direct, special or
indirect general electioas follows:-
(a) seventy five percent (75%), of full membershi p by way of general direct suffrage from the
geographical constituencies which are divided by fair representation of the population in the country;
(b) twenty five percent (25%), of full membership by special or indir ect suffrage in representation of
women and scientific and professional classes representing States or national electoral colleges, as
may be prescribed by law.
(3) Where it is not possible by decision of the Ge neral Elections Board to conduct elections for the
National Assembly for compelling security reasons in any constituency or college, the President of the
Republic may appoint a member to occupy the seat in the National Assembly pending conducting
elections as urgently as possible.
Conditions of membership of the National Assembly
68 . (1) There shall be required for eligibility fo r membership of the National Assembly, that the
candidashall be :
(b) at least twenty one years of age;
(c) of sound mind;
(d) not previously during the last seven years convicted of an offence involving honour or honesty.
(2) Whoever is a member in a State Assembly or assu mes the office of Governor, or is a member of a
State Council of Ministers shall not be eligible for nomination for membership of the Assembly or for
continuing in the same.
Lapse of membership of the National Assembly
69. (1) Membership of the National Assembly sha ll lapse by a resolution passed by the Assembly in
any of the following cases:
(a) disabling mental or physical infirmity;
(b) conviction of an offence involving honour or honesty;
(c) absence from attending one full session of the sittings of the Assembly without permission or
(d) written resignation announced in the Assembly;
(2) Upon the vacancy of the seat of a member his successor shall be elected, as the case may be within
a period of sixty days as may be possible.
Seat of the National Assembly
70. The National Assembly shall convene at its seat in Umdurman; and the Speaker may call the
Assembly to convene exception ally in any other place.
Oath of members of the National Assembly
71.Every member of the National Assembly shall, before exercising his functions take the following
oath before the Assembly:
” I swear by Almighty God to assu me the assignments of representing the people as a member of the
National Assembly in obedience of God, performing my duties with every strength and honesty,
being truthful and perseverent in attendance a nd deliberation, detached of any fanaticism or
personal fancy, giving due regar d to the requirements of the office, preserving the safety of the
country and interests of the people, respecting the Constitution, law and co nventions, and God to
what I say is witness.”
Term of the National Assembly
72.The term of the National Assembly shall be fo ur years commencing from the date of its first
Functions of the National Assembly
73. (1) The National Assembly represents the popul ar will, in legislation, planning, control and
questioning of the Executive and in the general so cial and political mobilization . Without prejudice
to the generality of the foregoing, it shall assume the following functions, to:
(a) pass plans, programmes and policies relating to the State and the society;
(b) pass the draft constitutional amendments and pass legislative bills and provisional decrees;
(c) pass the general budget of revenues and expenditure;
(d) pass bills ratifying internat ional conventions and agreements;
(e) monitor the performance of the Executive;
(f) initiate or participate in the political and social mobilization;
(g) issue resolutions on public affairs.
(2) The National Assembly may, in the course of executing its functions, monitoring of executive
performance, recommend to the President of the Republic to remove any federal minister where the
Assembly after subjecting him to the procedure of interrogation resolves by a majorityof its
members that he has lost the confidence of the Assembly.
Immunity of members of the National Assembly
74.Save where he is in the very act of crime, no criminal proceedings shall be initiated against a
member of the National Assembly, nor shall any of the detection measures be taken against his
person, residence or belongings without permi ssion from the Speaker of the Assembly.
Convening and sessions of the National Assembly
75. (1) The National Assembly shall hold its first sitting upon convocation by the President of the
Republic within the thirty days following the declaration of the resu lts of elections. The sitting shall
be presided over by the elde st of the members present.
(2) The Assembly shall determine the beginning and end of every session of sittings.
(3) The Assembly shall convene for an emergency session upon a resolution thereof on the request of
half of its members or upon a call from the President of the Republic.
Leaders of the National Assembly
76. (1) The National Assembly shall have a Speaker to be elected from among its members at the first
(2) The Speaker of the National Assembly shall preside sittings, control the public order and
supervise the administrative affairs of the Asse mbly; and shall represent the Assembly inside and
outside the Sudan.
(3) The Assembly shall select, in accordance with th e regulations, all its leaders to deputize for the
Speaker, to lead deliberation, preside commi ttees or to assume other functions.
(4) The Speaker of the Assembly shall, upon appr oval of the Assembly, appoint a secretary general
from non-members.The Secretary General shall assu me the preparatory and administrative affairs
of the Assembly under the s upervision of the Speaker.
Committees of the National Assembly
77 .The Assembly shall constitute from among its members specialized standing or ad hoc
committees for the performance of its functions in accordance with the regulations.
The regulations of the National Assembly
78.The National Assembly shall, on the initiative of the Speaker, make regulations for the conduct of
Quorum of convening of the National Assembly
79.The quorum of convening of the National Assembly shall not be attained save by the attendance of
one-third of its members unless the subject is a legi slation in its final presentation, or the Speaker
decides the importance of the subject on the agen da, whereupon the quorum shall not be attained
save by the attendance of half the members.
80.Sittings of the National Assemb ly shall be open, its deliberations public and its proceedings shall
be published, save in cases when the Assemb ly deems that necessity requires otherwise.
81.The National Assembly shall give due regard to unanimity in passi ng resolutions.Where that is not
possible, resolutions may be passed by the opinion of the majority of those present, except in the
cases provided for otherwise by the Constitution .
Freedom of expression in the National Assembly
82.Members in the National Assemb ly shall freely and responsibly express their opinions subject to
the provisions of the regulations; and no member sh all be accountable before any court, nor shall any
legal proceedings be initiated against him by reason of views or opinions he may express in the course
of performing his functions in the National Assembly.
Address by the President of the Republic or a minister
83. (1) The President of the Republic may address th e National Assembly in person or by way of a
message. He may request the opinion of the Assemb ly on any subject and the Assembly shall grant
the response to such request pr iority over the other business.
(2) A federal minister may request to address the National Assembly, and the Assembly shall provide
the opportunity for that as urgently as possible.
Addressing questions – requesting statements
84. (1) Subject to the provisions of the regulation s, a member of the National Assembly may address
any question to a federal minister on any subject relating to his functions; and the minister shall
supply him with the reply.
(2) Subject to the provisions of the reg, the Assembly or any of its committees may request a federal
minister to deliver a statement.
Interrogation of a minister
85. The National Assembly may in accordance with the regulations, resolve to interrogate any
minister on any matter relating to the functions of his ministry. Opinion on the result of the
interrogation shall be taken in a subsequent sittin g where a proposal of no confidence in the minister
has been presented. Where the proposal succeeds, th e President of the Republic shall be addressed
with the same.
Summons of persons and inquiry
86. The National Assembly or any of its committees may summon any public official or any other
person to address the Assembly or the committ ee, adduce any testimony or tender consultancy.
Inquiry on any matter that falls within the direct responsibility of the federal executive authority
may be made after notification to the President of the Republic.
Tabling legislative bills
87. (1) The President of the Republic, the Counc il of Ministers, any federal Minas well as any
committee of the National Assembly or any member by private initiative, may table a legislative bill
to the Assembly.
(2) Where the bill is by private initiative, it shall not be tabled to the Assembly save after referring it
to the concerned committee to decide that it involves an important public interest.
Procedure of presentation and consideration of the bill
88. (1) The bill presented to the National Assembly sh all be submitted for first presentation by citing
the title for tabling it before the Assembly, it sha ll thereafter be presented the second presentation for
deliberation focused on the general features and purpor ts thereof for passing it on point of principle.
If it has been so passed, there shall be a third p resentation for deliberation in detail and introducing
any amendments and passing the same.Then the b ill shall in its final form be presented a final
presentation without involving th e core of the provisions thereof, but to pass the same section by
section then to pass it as a whole.
(2) The Speaker of the Assembly shall refer the b ill after its first presentation to the concerned
committee to present a general evaluation report in preparation for the second presentation for
deliberation and passing it on point of principle, th en to present a report on such amendments as the
committee may or may not have passed in preparatio n for the third presention for deliberation on
the details of the bill and passing any amendments. The Speaker of the Assembly may also refer it to
the concerned committee to present a report involving a final drafting of the provisions of the bill in
preparation for its final pres entation to pass the same by section and as a whole.
(3) The Speaker or the concerned committee, may submit the bill to any body of competence outside
the Assembly for consideration and reporting on the legitimacy and rationale thereof, or to any body
having interest to consider a nd report upon the impact and acceptability of the same.
(4) The Assembly may by a special procedural resolution as a general commission or by summary
procedure decide upon the bill submitted to it.
Coming of law into force
89. (1) No bill which has been passed by the National Assembly shall become a law in force, save
when the same has been signed by the President of the Republic or upon lapse of thirty days after
submitting it to him, and he neither signs nor decides to have it revised.
(2) Where the Assembly passes the bill with provisions not acceptable to the President of the
Republic, he may decide to have the same revised by returning it to the Assembly accompanied by
comments; and the Assembly may thereupon give due regard thereto and amend the bill and submit
it to him once more or may neglect the same.
(3) Where the President of the Republic returns the bill for revision and the bill is passed again by
the Assembly with the same provisions by the majo rity of two-thirds of members, it shall thereupon
become law in force.
90. (1) The President of the Republic may in case of absence of the National Assembly, and for an
urgent matter upon a decision of the Council of Ministers or as he may decide, issue a provisional
ordinance having the force of law; provided that th e provisional ordinance shall be submitted to the
Assembly forthwith after its convening. Where the or dinance has been ratified by the Assembly with
the same provisions it shall be a promulgated law; however, where the same has been rejected by the
Assembly or the session lapses without it being ratified the effect thereof shall cease without
retrospective effect. Where the National Assembly ratifies the same with any amendments these
amendments shall be subject to th e same provisions of Article 89; provided that the amendment shall
not have any retrospective effect.
(2) The President of the Republic shall not make any provisional ordinance in matters affecting
constitutional f reedoms, sanctities and rights, or federal and States’ relations, the provisions of
general elections, criminal or financial provisions, or in matters of intern ational conventions and
agreements amending the borders of the State.
(3) Every law annulled or amended according to a provisional ordinance which has become null and
void, shall be revived into fo rce from the date of annulment of the provisional ordinance.
(4) The Assembly may delegate to the President of the Republic the power to ratify by a republican
decree having the force of promulga ted law without a subsequent ratification by the National
Assembly, the power to ratify international conventions and ag reements in the absence of the
Assembly; provided that the same shall be deposited before the Assembly after its convening.
General budget bill
91. (1) The Council of Ministers shall present to the National Assembly before the beginning of the
financial year the bill of the general budget of the State, including a general evaluation of the
economic and financial situation of the country, detailed estimates of the proposed revenues and
expenditure for the coming year compared with th e practice of the previous year, a statement of the
manner of general balance of the budget , any reserve funds, transfers thereto or allocations
therefrom, and explanations of any special budgets or financial statements, policies or measures to be
taken by the State in the financial and econ omic affairs relating to the general budget.
(2) There shall be submitted to the Assembly by the Council of Ministers proposals of total
expenditure entered into the budget as an appropriation bill, there shall also be submitted the
proposed taxes, fees and other levies as financ ial bills, and there shall also be submitted any
proposals for borr,investment or saving bonds by the State as financial bills.
(3) The Assembly shall pass the bill of the general budget of the State, chapter by chapter and the
schedules, and it shall pass th e total appropriation bill. Where the law is promulgated detailed
estimates as appropriated in the general budget sh all not be exceeded save by a supplementary law.
Surplus funds over revenue estimates and funds out of the reserve legally separated shall also not be
spent save by a supplementary law.
Special financial bills
92.No member in the National Assembly shall by a private initiative outside the context of the
deliberations of the draft general budget present any bill which requires imposition or rescinding any
tax, fee, public revenue or appropriation or burden upon public funds save where the bill
onlyrequires service fees or financial penalties.
Provisional and supplemen tary financial measures
93. (1) Notwithstanding the provisio ns of Article 90 (2), the President of the Republic may, upon the
decision of the Council of Ministers, wherever he deems that public interest so requires, make a
provisional decree having the force of law, whereby the imposition of any tax, or fees or the
amendment thereof shall be in fo rce, pending submission of the bill requiring the same to the
National Assembly. Where a financial law is promulgated or the bill has been rejected, tforce of the
provisional decree shall cease with out the rejection or amendment of the bill having retrospective
(2) Where the procedure of passing the general budg et, and the appropriation law have been delayed
beyond the beginning of the financial year, expe nditure shall continue pending passing the general
budget in accordance with the esti mates thereof for the year which has elapsed as if the same has
been appropriated by law for the new year.
(3) The Council of Ministers may during the financial year, whenever new circumstances emerge or a
public interest appears as may not be satisfied by the general budget and the laws thereof, present a
financial bill, a supplementary approp riation or an allocation out of the reserve funds; to which shall
apply the same provisions set out with respect to the general budget bill and its related bills.
94 .The Council of Ministers shall present to the National Assembly during the six months following
the end of the financial year, final accounts about all revenues and expenditureas are set forth in that
year, as well as expenditure withdrawn from the reserve funds; and the Auditor General shall
present his report on such acco unts to the National Assembly.
Delegation of the power of subsidiary legislation
95. The National Assembly may by law delegate to the President of the Republic, the Council of
Ministers or any public body, the power to make any regulations, rules, orders or any other
subsidiary instruments having the force of law; provided that such subsidiary legislations shall be
tabled before the Assembly, and are subject to annulment or amendment by a resolution in
accordance with the provisio ns of the regulations.
Authority of the business of the National Assembly
96 .No court or other authority sh all interfere into the business of the National Assembly, nor shall
the same review any law or resolution passed thereb y on the allegation of contravention of the
provisions of the regulations or rules of procedur e; and authority of the business of the Assembly
shall be proved by the issue of a certific ate bearing the signature of the Speaker.
THE STATES LEGISLATIVE AUTHORITY
THE STATE ASSEMBLY
Establishment of the State Assembly
97. There shall be established in ea ch State an elected Assembly for the State to assume the legislative
authority and any other functions or powers by virtue of the Constitution.
Provisions of the State Assembly
98. Taking into consideration that its the Assembly of the State concerned, that the Governor takes
the place of the President and th e State Minister takes the place of a federal Minister, there shall
govern every State’s Assembly the same constitutional provisions which govern the National
Assembly, as follows :
(a) the Assembly, and composition ( Article 67 );
(b) conditions of membership of the Assembly ( Arti cle 68 (1) ), and shall not be qualified for
nomination to the State Assembly whoever is a member of the National Assembly or the Assembly of
another State or holds a fe deral ministerial office;
(c) lapse of membership of the Ass embly ( Article 69 (1) and (2) );
(d) seat of Assembly ( Article 70 ), taking into consideration that its seat at the capital of the State;
(e) oath of members of the Assembly ( Article 71 );
(f) term of the Assembly ( Article 72 );
(g) functions of the Assembly ( Article 73 ), except drafting constitutional amendment and
ratification of internationa l conventions and agreements;
(h) immunity of members of th e Assembly ( Article 74 );
(i) convening and sessions of th e Assembly ( Article 75 );
(j) leaders of the Assembly ( Article 76 );
(k) committees of the Assembly ( Article 77 );
(l) regulations of the Assembly ( Article 78 );
(m) quorum of convening of the Assembly ( Article 79 );
(n) sittings open ( Article 80 );
(o) passing resolutions ( Article 81 );
(p) freedom of expression in the Assembly ( Article 82 );
(q) address by the President of the Re public or a minister ( Article 83 );
(r) addressing questions – request of statements ( Article 84 );
(s) interrogation of a minister ( Article 85 );
(t) summons of persons a nd inquiry ( Article 86) :
(u) tabling bills ( Article 87 );
(v) procedure of presentation and cons ideration of the bill ( Article 88 );
(w) coming of law into force ( Article 89 );
(x) provisional ordinances ( Article 90 );
(y) general budget bill ( Article 91 );
(z) special financial bills ( Article 92 );
(zi) provisional and supplementary financial measures ( Article 93 );
(zii) final accounts ( Article 94 );
(ziii) delegation of the power of subsid iary legislations ( Article 95 );
(ziv) authority of the business of the Assembly ( Article 96 )
THE JUSTICE SYSTEM CHAPTER I THE JUDICIAL AUTHORITY
99.Judicial competence in the Republic of the Sudan shall vest into an independent authority to be
known as the ” Judiciary” to assu me the judicial power in adjudication of disputes and judgments
on the same in accordance with the Constitution and the law.
Responsibility of the Judiciary
100 .The Judiciary shall be responsible for the perf ormance of its work before the President of the
Independence of judges
101. (1) Judges are independent in the perfor mance of their duties and have full judicial
competence with respect to their functions; and th ey shall not be influenced in their judgments.
(2) A judge shall be guided by the principle of the supremacy of the Constitution and the law and
he shall protect this principle, giving due regard to the establishment of justice in thoroughness
and impartiality without fear or favour.
(3) The State organs shall execute judicial judgments.
Administration of the Judiciary
102. (1) The Judiciary shall have a president to be known as the,”Chief Justice”, who shall ex –
officio be the president of the Supreme Court and the Supreme Council of the Judiciary, and shall
be responsible for the administration of the Judiciary before Supreme Council of the Judiciary.
(2) The Judiciary shall have a council to be kn own as the “Supreme Council of the Judiciary”, its
composition and functions shall be prescribed by law.There shall be among its functions the
planning and general supervision over the Judiciary, and the presen ting of recommendation to the
President of the Republic for the appointment promotion and terminati on of service of the judges,
as well as the preparation of the budget of the Judiciary and expressing opinion on legislative bills
relating to the Judiciary.
The judicial structure
103 .The judicial structure shall consist of a supreme court, appeal courts and courts of first
instance. The structure shall be organized by a law which shall specify divisions, jurisdiction and
any other matters relating to the Judiciary.
Appointment and terms of servof jud
104. (1) The President of the Republic shall appoin t the Chief Justice and his deputies according to
(2) The President of the Republic shall appoint all the other judges upon the recommendation of
the Supreme Council of the Judiciary.
(3) The law shall determine the terms of serv ice, discipline and immunities of judges.
(4) No judge shall be removed save under disc iplinary measures and upon a recopmmendation
from the Supreme Council of the Judiciary.
OTHER JUSTICE SYSTEMS
The Constitutional Court
105. (1) There shall be established an independent Constitutional Court; and the President of the
Republic shall appoint its president and members form persons of high experience in matters of
justice, with the approval of the National Assembly.
(2) The Constitutional Court shall be the custodian of the Constitution, and shall have the
jurisdiction to consider and adjudge any matter relating to the follow:-
(a) interpreting constitutional and legal provisions submitted by the President of the Republic, the
National Assembly, half the number of Governors or half the States’ Assemblies;
(b) claims by the aggrieved for the protection of f reedoms, sanctities or rights guaranteed by the
(c) claims of conflict of competence between federal and State organs;
(d) any other matters referred thereto by vi rtue of the Constitution or the law.
(3) The law shall determine the number, emoluments of the judges and the procedure of the court.
Public legal counsels and attorneys
106. Legal Counsels working in the public service and attorneys shall strive to express the values
of justice, truth, legality, protection of pub lic and private rights, tender advice and render legal
services to the State and citizens, and shall perf orm their functions truthfully and impartially in
accordance with the Constitution and the law.
107. (1) The profession of advocacy shall be established to express the values of justice, the
righteousness and legality, fend off injustice and seek conciliation between adversaries, observe
neutrality in the just proof of ri ght, impartiality in pursuit of th e truth and facilitate legal aid for
the needy in accordance with the provisions of the law.
(2) The law shall regulate the conditions for the practice of the profession
THE FEDERAL SYSTEM CHAPTER I THE STATES
The division of the Sudan into States
108. The Republic of the Sudan shall be dividinto states; each state shall have a capital, as
(a) Upper Nile state; capital is Malakal;
(b) Red Sea state; capital is Port Sudan;
(c) Bahr-Al-Jabal state; capital is Juba;
(d) Lakes state; capital is Rumbek;
(e) Gezira state; capital is Wad Medani;
(f) Jungoli state; capital is Bor;
(g) South Darfur state; capital is Nyala;
(h) South Kordufan state; capital is Kadugli;
(i) Khartoum state; capital is Khartoum;
(j) Sennar state; capital is Sinja;
(k) East Equatoria state; capital is Kapoita;
(l) North Bahr-Al-Ghazal state; capital is Awil;
(m) North Darfur state; capital is Al-Fashir;
(n) North Kordufan state; capital is Al-Obied;
(o) Northern state; capital is Dongula;
(p) West Equatoria state; capital is Yambio;
(q) West Bhar-Al-Ghazal state; capital is Wau;
(r) West Darfur state; capital is Geneina;
(s) West Kordufan state; capital is Al-Fula;
(t) Gedarif state; capital is Gedarif;
(u) Kassala state; capital is Kassala;
(v) River Nile state; capital is Al-Damar;
(w) White Nile state; capital is Rabak;
(x) Blue Nile state; capital is Al-Damazin;
(y) Warap state; capital is Warap;
(z) Unity state; capital is Bantio.
Boundaries of States
109. Boundaries of States shall be as they are on the day on which the Constitution comes into
force. Boundaries between them may be amended by a law to be passed by the National Assembly
and signed by the President of the Republic, after hearing the opinion of the Assembly and
Governor for any states concerned.
CHAPTER II DIVISION OF POWERS
110. Federal organs shall exercise the power fo r planning, legislation and execution in the
following affairs :
(a) defence, armed forces, police, security and disciplined people’s forces;
(b) the Sudan international borders and se ttlement of border disputes between states;
(c) nationality, passports, immigration and aliens’ affairs;
(d) foreign relations;
(e) rules of general elections for constituti onal, federal, state and local institutions;
(g) general professions organized by federal laws;
(h) currency, financial, fiscal and credit policies;
(i) specifications, weights, measures and dates and times;
(j) federal financial resources;
(k) foreign trade;
(l) national projects, corporations and companies;
(m) federal lands and natural resources, mineral and subterranean wealth;
(n) inter states waters;
(o) national electricity projects;
(p) federal air transport, inter states land and sea routes and inter states federal transport and
(q) epidemics; and general disasters;
(r) archeology and archeological sites.
111. The State organs, each within the boundaries of the State shall exercise the power of planning,
legislation and execution, in the following affairs:
(a) government and good administrati on of the State and care for its interest, security and public
(b)The State’s financial resources;
(c) trade and supply;
(d)The State’s lands, natural resou rces, animal and wild-life wealth;
(e) non-transit waters and electric power;
(f) The State’s roads, transport, means of communications and telecommunications;
(g) missionary and charitable affairs;
(h) registration of births, deaths and marriage documents;
(i) matters as may be compatible with federal laws in affairs peculiar to the State including custom
compilation and codification.
112. (1) Each of the federal orga ns throughout the Sudan and State organs, as to what concern the
State, shall exercise power in th e following affairs, in accordance with federal legislations:
(a) public service;
(b) public counsels and attorneys;
(c) local government;
(d) information, culture and means of publication;
(e) education and scientific research;
(g) social welfare;
(h) economic policy;
(l) border trade;
(m) building development planning and housing;
(2) There shall be established by a federal law, councils representing the federal and States’
executive authorities to assume division and planning of lands and forests between the federal
authority and the States.
(3) The residual powers not mentioned in the divi sion of federal and State or concurrent powers
shall be deemed to be concurrent.
CHAPTER III DIVISION OF FINANCIAL RESOURCES
Federal financial resources
113 .The federal financial resources shall be:
(a) customs revenues and the revenues of international ports and airports;
(b) companies profits tax, personal income tax and stamp duty of federal and inter state dealings;
(c) profits of national projects; provided that th ere shall be allocated to the states to which they
extend a percentage as the law may specify;
(d) federal industries’ excise duty;
(e) expatriates’ taxes and foreign institutions and activities taxes;
(f) any such other taxes or fees that do not affect the State’s or the local government resources;
(g) grants, loans and credit facilities.
State’s financial resources
114 .The state’s financial resources shall be:
(a) business profits tax; provided that there shall be a percentage allocated to localities by a
(b) The state’s industries excise duty;
(c) The state’s licences returns;
(d) The state’s taxes and fees;
(e) The state’s projects’ profits;
(f) internal grants, loans and credit facilities.
Localities’ financial resources
115 .The localities’ financial resources shall be:
(a) estates tax;
(b) sales tax;
(c) agricultural and animal production tax; provided that there sh all be allocated a percentage to
the state by a federal law;
(d) local land and river means of transport;
(e) local industrial and artisexcise duty;
(f) any other local resources.
CHAPTER IV FEDERAL RELATIONS
Federal Government Chamber
116. (1) There shall be established by law fed eral government chamber, under the supervision of
the President of the Republic to assume, with respect to the process of the federal and State
government, co- ordination, communication and organization of cbetween Governors and States’
organs and the Presidency and federal organs.
(2) There shall be established under the supervis ion of the Federal Government Chamber a fund
to be contributed to by the federal budget and bu dgets of able States to support the needy States
according to fair criteria that give due regard to the size of population, level of development and
other factors as the law may regulate.
117.The States shall not, save by permission of the federal orga ns, infringe on the following :
(a) federal constitutional institutions and holders of federal constitutional posts;
(b) ministries, administrations, public institutions and corporations, federal public sector
companies and projects, and their employees;
(c) federal lands, estates and utilities.
Prohibition of measures impeding transit
118. The States shall not take any measures which impede the transit of persons, goods or
communications services nor shall they levy fees on any of the same, save upon permission of the
concerned federal organs.
Request of data
119. The States shall supply federal organs with data and information whenever the same have
been required therefrom for the purposes of la ying down national policies and plans .
Request for deferral of legislation
120. The National Assembly and the State’s Assembly may request each other to deferr the
passing of any bill, pending expressing the opinion thereon, where the bill has a national or special
impact on the state.
Exchange of laws
121. The National Assembly shall exchange with the State’s Assembly and States’ Assemblies shall
exchange between them, the laws they promulgate
OTHER SYSTEMS AN ANS D ORG CHAPTER I DISCIPLINED FORCES
People’s Armed Forces
122. (1) The People’s Armed Forces are military forces of national composition; their mission is
the protection, security, preservation of the safety and participation in the construction of the
nation, they also proachievements of the people, and the civilisational orientation of the national
community. They also safeguard the coorder.
(2) The law shall regulate the order of the Peop le’s Armed Forces and the reserve forces, the terms
of service and emoluments of the members thereof.
(3) The law shall regulate the establishment and constitution of military courts, their forms,
jurisdiction, powers and procedure, and sh all also regulate military legal services.
123. (1) The Police Forces are regular forces of na tional composition whose mission is to serve the
security of the country and citizens, combat crime, protect property, prevent disasters and
preserve the morality and conduct of the society and the public order.
(2) The Police Forces shall be regulated by the fe deral authority as to planning, preparation and
training, and supervision of sectors thereof. The States shall supervise some sectors within the
State. In a state of emergency supervision of all shall be under federal authorities.
(3) The law shall specify the order, functions, t erms of service and the relation between the federal
and State’s organs and sectors of the Police Forces.
124. (1) Security Forces are national regular forces whose mission is to care for the internal and
external security of the Sudan, monitor relevant events, analyze the significance and dangers of
the same and recommend protection measures.
(2) The law shall organize the order of the Securi ty Forces and terms of service of their members.
125. (1) The State may establish voluntary popular military force s for the people’s defence or
security, and may also establish other disciplined forces to be composed of Sudanese individuals,
and work under the command of the Armed Forces or the Police for the needs of defence, security,
order and other public functions.
(2) The law shall specify the ord er of the popular forces, their du ties and the relations of the
federal and State supervision.
CHAPTER II THE PUBLIC SERVICE AND EMPLOYEES JUSTICE CHAMBER
126. (1) The Public Service is all those employees in the State to carry out the functions assigned to
(2) The State shall abide by fairness in assign ing public posts on the basis of academic and
practical qualification with regard to due balance.
(3) The law shall organize the duties of the public service and shall as well, determine the terms of
service and the rights of the employees.
Employees Justice Chamber
127. (1) There shall be establis hed by federal or State law an Employees Justice Chamber for
employees in public service, having competence to consider and determine the grievances of
employees; and the law shall specify its functions and powers. The supervision and appointment of
the president of the Chamber shall be by the President of the Republic or the Governor as the case
(2) Decisions of the Employees Justice Chamber shall be final, not to be reviewed by courts.
CHAPTER III GENERAL ELECTIONS BOARD
128. (1) There shall be established an independent organ to be known as the ” General Elections
Board “. Its chairman and members shall be appoin ted by the President of the Republic with the
approval of the National Assembly. They shall be persons of efficiency, impartiality and propriety.
The Board shall be responsible to the President of the Republic and the National Assembly for its
(2) The Board shall be the sole and only body to assume the following functions :-
(a) preparation of the general electoral roll, and its revision annually;
(b) conduct of the elections for the Presidency of the Republic, deputies in the National and State
Assemblies and in local councils in accordance with the law;
(c) any general referendum in acco rdance with the Constitution;
(d) fair and equal introduction of candidates to the electorate in the means of public address and
(e) any other electoral functions as the law ma y specify or the President of the Republic may
assign to the Board.
(3) The law shall specify the rule s, powers,procedure and terms of service of employees of the
General Elections Board .
(4) The law shall organize the sy stem of the general electoral roll, the general rules and measures
of elections and the procedu re of conducting the same.
CHAPTER IV GENERAL AUDITING CHAMBER
129. (1) There shall be established an independent organ to be known as the, “General Auditing
Chamber”. Its president who is the Auditor Gene ral and all other members of leadership of the
Chamber shall be appointed by th e President of the Republic with the approval of the National
Assembly. The leadership shall be responsible to the President of the Republic and the National
(2) The General Auditing Chamber shall assume a uditing of the accounts of the federal executive
organs, the National Assembly, and the Judiciary, as will as federal public organs, institutions,
corporations and companies.
(3) The President of the Republic may assign to the General Auditing Chamber, the auditing of
the accounts of the States, on of any other private or public body.
(4) The law shall organize the Ge neral Auditing Chamber and specify the func tions and terms of
service of its employees.
CHAPTER V PUBLIC GRIEVANCES AND CORRECTIONS BOARD
130. (1) There shall be established an independent organ, to be known as the ” Public Grievances
and Corrections Board”. Its president and members shall be appointed by the President of the
Republic with the approval of the National Assembly from persons of efficiency and propriety.
The Board shall be responsible to the President of the Republic and the Assembly.
(2) Without prejudice to the jurisdiction of the Judiciary, the Board shall work at the federal level
to clear away grievances, assure efficiency and purity in the practice of the State and in systems,
or the final executive or aacts, and also to extend justice after the final decisions of the institutions
(3) The shall work in co-ordination with the various organs of the State and submit its
recommendations to the President of the Republic, the National Assembly or any public organ.
(4) The law shall regulate the functions, procedur e and terms of service of the employees of the
(5) There shall be established public grievances an d corrections boards in the States by state law
observing accordance with the foregoing provisions
STATE OF EMERGENCY AND DECLARATION OF WAR CHAPTER I STATE OF EMERGENCY
Declaration of the state of emergency
131. (1) The President of the Republic may, upon the occurrence or approach of any emergent
danger, whether it is war, invasion, blockade, di saster or epidemics, as may threaten the country,
or any part thereof or the safety or economy of the same, declare the state of emergency in the
country, or in any part thereof, in accordance with the Constitution and the law.
(2) The declaration of the state of emergency shall be submitted to the National Assembly within
fifteen days of its issue. When the Assembly is not in session, an emergency meeting shall be
(3) When the National Assembly approves the d eclaration of the state of emergency, there shall
continue the effect of any law as may have b een standing for the state of emergency or any
Powers of the President of the Republic
132. The President of the Republic may during th e state of emergency take by virtue of law or
exceptional order any of the following measures:
(a) to suspend part or all the provisions provided for in the constitutional freedoms, sanctities and
rights Chapter. There shall not therein be infring ement of the freedom from slavery or torture,
the right of non- discrimination only for race, sex or religious creed, the right and sanctity in
litigation or the right of innocence and defence;
(b) to dissolve or suspend any of the State organs or suspend such powers, as may be conferred
upon the States under the Constitution. The President of the Republic shall assume the functions
of such organs and exercise the powers or prescribe the manner in which the affairs of the State
concerned may be managed;
(c) to issue any such measures as he may d eem necrespoto the state of emergency, and such
measures shall have the force of law.
Powers of the National Assembly
133. (1) The National Assembly may approve the extension of the state of emergency.
(2) The President of the Republic shall submit to the Assembly every exceptional measures as he
may take for the state of emergency and the Assembly may pass, amend or revoke any exceptional
Duration of the state of emergency
134. The duration of the measures of the state of emergency shall expire in the following cases :-
(a) lapse of thirty days of the issue of the declar ation if the National Assembly does not approve by
a resolution the extension of its term;
(b) lapse of the term resolved by the National Assembly;
(c) issue of a declaration by the President of the Republic lifting the state of emergency.
CHAPTER II DECLARATION OF WAR
135. The President of the Republic shall declare war whenever he decides that the country is
subject to external aggression; and the declaration shall upon approval of the National Assembly
be legally in force
GENERAL AND TRANSITIONAL PROVISIONS
Salaries and emoluments
136. The law shall prescribe the salaries, emoluments, privileges and remuneration pertaining to
the President of the Republic, his two vice-Presid ents, assistants and advisers, the Speaker and
members of the National Assembly,Governors, fe deral and State ministers, and advisers, members
of the State Assemblies and holders of other constitutional posts.
Repeal and saving
137. (1) There shall be repealed as from the date of the Constitution coming into force all the
(2) Notwithstanding the provisions of Sub-ar ticle (1), the 14th. Constitutional Decree
( Implementation of the Peace Agreement ), 1997, shall remain in force, and shall expire upon
termination of the transition al period mentioned therein.
Constitution coming into force
138. The Constitution shall come into force after approval by the people in the referendum on the
date of signature by the President of the Republic.
Amendment of the Constitution
139. (1) The President of the Republic, one-third of the members of the National Assembly or one-
third of the States’ Assemblies shall have the ri ght to propose amendment of the Constitution.
(2) The National Assembly shall pass the text of amendment by the majority of two-thirds of
members and the amendment shall come into force.
(3) The text of the amendment passed in accordance with Sub-article (2), shall not come into force
where it amends the provis ions of the basic fundamentals, save after the same is also passed by the
people in a referendum and signed by the President of the Republic. The basic provisions and
fundamentals are :-
(a) Islamic law and the legislative consensus of th e people by the referendum, the Constitution or
custom are the prevalent sources of law;
(b) the human being has the freedom of creed a nd worship, and the citizen has the freedom of
expression and the organization of political association, in accordance with the provisions set out
in this Constitution;
(c) the country is governed in accordance with a federal system, wherein powers and financial
resources are divided between federal and States’ or gans and States thereby exercise their share of
powers independently in accordance with the Constitution;
(d) the system of leadership is presidential, wherei n the President of he Republic is elected as
symbol of the State, a leader of the executive organ and a participant in legislation;
(e) the authority of legislation and control of exec ution is exercised by an elected National or State
Assembly with respective competence, and the President of the Republic or the Governor
participates therein. The general referendum may exercise legislation according to the
Constitution and law;
(f) the judicial and justice system exercise their f unction independently to settle disputes and has a
supreme power to consider and decide the constitution ality of laws that affect the balance of the
federal system or the constitutional freedoms, sanctities and rights;
(g) the Southern Sudan has a transitional system for a term, during which the same is federal and
co-ordinatory for the Southern States, and shall expire by the exercise of the right of self-
Continuation of offices, organs and laws
140. (1) The President of the Republic, who is in cumbent upon the Constitution coming into force
shall continue with functions and powers in acco rdance with the Constitution, and his tenure shall
expire by termination of the term of five years as of the day of his assu mption of Presidency.
(2) The National Assembly in power upon the Constitution coming into force shall continue with
functions and powers in accordan ce with the Constitution , and its tenure shall expire by the end
of the term of four years as of the day of convening the first sitting.
(3) The Governors who are incumben t upon the Constitution coming into force shall continue in
office with functions and powers in accordance with the Constitution, and their tenure shall expire
by the end of the term of four years as of the day of assumption of governorship .
(4) The States’ Assemblies in pow er upon the Constitution coming into force shall continue with
functions and powers in accordan ce with the Constitution, and the term of each Assembly shall
expire as the President of the Republic may decide.
(5) Until the issue of new measures in accordance with the provisions of the Constitution, all laws
shall continue, and all current constitutional organs , and all persons holding public offices or posts
shall continue to exercise functions and pow ers in accordance with the Constitution