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Equitable resource allocation to local governments is constitutional – Dr Yer

Author: Koang Pal Chang | Published: November 15, 2024

Dr Riang Yer, the newly appointed Chairperson of the National Constitutional Review Commission - Credit: PPU

The head of the National Constitution Review Commission affirmed that equitable resource allocation to institutions and local governments is not only essential but also constitutionally mandated.

Addressing the Fourth High-Level Forum on Fiscal Devolution and Revenue Management, Dr Riang Yer Zuor says no level of government has been mandated by the law to deprive another of funding.

The forum held in Juba last week heard experiences from oil-producing states and communities, offering valuable insights into how wealth is managed and distributed among federal constituent units in federal systems.

These lessons are expected to inform South Sudan’s ongoing efforts to refine its fiscal and revenue-sharing mechanisms as part of the broader constitutional process.

Dr. Yer emphasizes that the Constitution mandates the allocation of natural wealth and resources in a way that enables each level of government to fulfil its responsibilities and duties.

“The transitional constitution of the Republic of South Sudan 2011 as amended should be the guide in terms of what it says about finance in this country,” said Dr Yer.

“It states that natural wealth and resources shall be allocated in such a way that each level of government can discharge its responsibility and duties,” he said.

“The national government fulfil its obligations to provide financial transfer to all levels of government, and it shall do this equitability among the states and local government,” he stated.

“Revenue sharing shall reflect national government commitment, to devolution of power and decentralization of decision making in terms of development, delivery of services, and governance,” he said.

The Chairperson of the National Constitution Review Commission pointed out that the allocation or transfer of resources is an entitlement.

Dr Yer says any level of government has the right to sue or be sued in accordance with the transitional constitution.

“No one level of government shall unduly withhold any allocation or financial transfer to another level. Therefore, an allocation or transfer is an entitlement,” he stated.

“Any level of government deprived has standing to sue another for unduly withholding one entitlement, this is how the constitution forces us to manage our finances and resources, especially between the three levels of our government,” Dr Yer said.

The three-day forum on Fiscal Devolution and Revenue Management, a key initiative within the Permanent Constitution-Making Process was inaugurated by Vice President Dr James Wani Igga, the Chairperson of the Economic Cluster in Juba on Tuesday, November 12, 2024.

Key government officials present at the opening of the forum included Mary Ayen, the first deputy Speaker of the Council of States, the Minister of Finance and Planning, Dr Marial Dongrin, the Minister of Federal Affairs, Lasuba Wongo, the Governor of Upper Nile, and Eastern Equatoria—James Odhok, Louis Lobong, and the Deputy Governor of Central Equatoria, Paulino Lukudu.

Also, in attendance were the chairperson of the National Constitution Review Commission, Dr Riang Yer Zuor, a representative from Western Bahr el Ghazal State and officials from the Ruweng Administrative Area.

The forum on Fiscal Devolution and Revenue Management was organized by the Council of States in collaboration with the Ministries of Finance and Planning, and Petroleum, with support from the United Nations Mission in South Sudan (UNMISS) and the United Nations Development Programme (UNDP).

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