The Council of States violated the rule of law by passing a motion of no confidence against the governor of Unity State Joseph Monytuil, the former Justice of the Court of Appeal has said.
The former Justice of the Court of Appeal, Justice Geri Raimondo who is also an Assistant Professor at the University of Juba has described it as a violation of the Rule of Law.
Last Tuesday, the Upper House had written to President Salva Kiir to sack Joseph Monytuil whom they accused of failing to curb insecurity in the oil-rich state since the beginning of this year.
In response, the Presidential Affairs Minister, Dr. Barnaba Marial Benjamin downplayed the impeachment call.
Dr. Marial argued that the legislators involved had no responsibility for matters concerning the security and defense of the country.
He also said that the lawmakers acted un unanimously as they did not meet the quorum of a two-thirds majority at the time.
Commenting on the matter, the former South Sudan High Court Judge, Geri Raimondo said the Council of States acted beyond its constitutional mandate to pass a vote of no confidence against the governor.
“If the Council of States did that, that one is a clear violation of the rule of law. The mandate of the Council of States I have read in Article 69, none of them talking about that. The only one is for them to request a statement from the governor,” said Dr. Raimondo.
“There is nothing here to impeach or to cast a vote of no-confidence in this constitution. This one is a gross violation, it is an infringement of all what is stipulated here.”
Article 69 of the transitional constitution mandates the Council of States to only initiate legislations on the decentralized system of governance and pass such legislations with a two-thirds majority of the representatives.