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The Roles of The Presidency, South Sudan

1. Structure of the Executive of the Revitalised TGoNU

1.1. During the Transitional Period, the Executive of the Revitalised TGoNU shall comprise the President, the First Vice President, and four Vice Presidents, (hereinafter collectively referred to as “the Presidency” and the Council of Ministers and Deputy Ministers as follows:
1.1.1. Incumbent President (TGoNU);
1.1.2. First Vice President (nominated by SPLM/A-IO);
1.1.3. Vice President (nominated by Incumbent TGoNU);
1.1.4. Vice President (nominated by SSOA);
1.1.5. Vice President (nominated by Incumbent TGoNU); and
1.1.6. Vice President (to be nominated by FDs, who shall be a woman)
1.2. Apart from the First Vice President, there shall be no hierarchy among the Vice Presidents. The ranking in Article 1.1 above is for protocol purposes only.
1.3. The First Vice President and Vice Presidents shall oversee respectively the Cabinet Clusters as follows:
1.3.1. First Vice President: Governance Cluster;
1.3.2. Vice President: Economic Cluster;
1.3.3. Vice President: Services Cluster;
1.3.4. Vice President: Infrastructure Cluster; and
1.3.5. Vice President: Gender and Youth Cluster.
2. President of the Republic of South Sudan
2.1. The incumbent President of the Republic shall serve as President and Executive Head of State for the Transitional Period;
2.2. The Powers, Functions and Responsibilities of the President shall be to:
2.2.1. Preserve and protect the sovereignty and territorial integrity of the Republic of South Sudan;
2.2.2. Represent the State, the Revitalised TGoNU and the people of South Sudan in its international relations;
2.2.3. Serve as Commander–in–Chief of the unified South Sudan Peoples’ Defence Forces and the overall commander of all other organised forces during the Transition Period;
2.2.4. Appoint and preside over the swearing into Office of the First Vice President, and the Vice Presidents, Ministers and Deputy Ministers, in accordance with the terms of this Agreement;
2.2.5. Appoint Undersecretaries of the Ministries as proposed by the respective Ministers, vetted and approved by the Council of Ministers.
2.2.6. Appoint two Advisors. However, if more than two advisors to the President are appointed their selection shall take place in consultation with the First Vice President and the Vice Presidents in accordance with the power sharing ratios.
2.2.7. Chair the Council of Ministers;
2.2.8. Chair the National Security Council (NSC);
2.2.9. Chair the National Defence Council (NDC);
2.2.10. Cause the preparation of the annual budget of the Revitalised TGoNU by the Minister of Finance and Planning to be presented to the Council of Ministers and the Transitional National Legislative Assembly (TNLA);
2.2.11. Chair EFMA Board;
2.2.12. During emergencies, initiate the convening of the TNL in consultation with the Speaker, the First Vice President and the Vice Presidents in accordance with the provisions of this agreement;
2.2.13. Assent to and sign into law bills passed by the TNL;
2.2.14. Supervise the conduct of foreign policy and ratify treaties and international agreements with the approval of the TNLA;
2.2.15. Appoint ambassadors and other senior diplomatic representatives to foreign countries as proposed by the Minister of Foreign Affairs and International Cooperation, vetted and approved by the Council of Ministers.
2.2.16. Sign letters of accreditation of diplomatic representatives of the Republic of South Sudan to foreign countries, regional and international organizations, and receive the credentials of diplomatic representatives of foreign countries;
2.2.17. Confirm death sentences, grant pardons, and commute convictions and penalties in accordance with the law;
2.2.18. Confer national honours, both civil and military, in accordance with the laws governing such decorations and medals;
2.2.19. Preside over the swearing into office of heads of Independent Institutions, Commissions and Parastatals, as per this Agreement;
2.2.20. Perform any other function as may be prescribed by the TCRSS, this Agreement and the Law;
2.3. In the event of temporary absence of the President, the First Vice President shall act as the President and Commander in Chief of the NDFSS and Supreme Commander of other Regular Forces.
2.4. In the event of the temporary absence of both the President and the First Vice President, the President shall delegate one of the Vice Presidents to act as the President and Commander in Chief of the NDFSS and Supreme Commander of other Regular Forces.
2.5. In the event that the post of the President falls vacant during the Transitional Period, for any reason, including mental infirmity or physical incapacity of the office holder, the replacement shall be nominated by the top leadership body of the respective Party as at the signing of this Agreement. Such a process of replacement shall not exceed forty-eight (48) hours.
3. First Vice President of the Republic of South Sudan:
3.1. For the duration of the Transition, there shall continue to be the office of the First Vice President of the Republic of South Sudan. The office of the First Vice President shall cease to exist at the conclusion of the Transitional Period unless otherwise decided in the permanent Constitution;
3.2. The Chairman of the SPLM/A-IO Dr. Riek Machar Teny shall assume the position of the First Vice President of the Republic of South Sudan for the duration of the Transitional Period;
3.3. The Powers, Functions and Responsibilities of the First Vice President shall be to:
3.3.1. Serve as Commander-in-Chief of the SPLA-IO during the Pre-Transitional Period and until the unification of forces;
3.3.2. Serve as the Acting Commander-in-Chief of the unified South Sudan National Defence Forces in the event of any temporary absence of the President after the unification of the forces;
3.3.3. Chair and oversee the Governance Cluster.
3.3.4. Serve as Deputy Chair of EFMA Board;
3.3.5. Serve as Deputy Chair of the NSC;
3.3.6. Serve as Deputy Chair of the NDC;
3.3.7. Follow up and ensure the implementation of Council of Ministers’ decisions with the relevant Ministries and institutions within the Governance Cluster;
3.3.8. In the absence of the President, the First Vice President shall chair the Council of Ministers; and
3.3.9. Carry out other functions as may be prescribed by law, as long as such laws do not contradict the terms of this Agreement.
3.4. In the event of temporary absence of the First Vice President, the First Vice President shall delegate any of the other Vice Presidents to carry out functions and duties of the First Vice President as stipulated in this Agreement.
3.5. In the event that the post of the First Vice President falls vacant during the Transitional Period, for any reason, including mental infirmity or physical incapacity of the office holder, the replacement shall be nominated by the top leadership body of the SPLM/A –IO as at the signing of this Agreement. Such a process of replacement shall not exceed forty-eight (48) hours. The successor as the First Vice President shall serve in Office until the end of the Transitional Period.
4. Vice Presidents of the Republic of South Sudan:
4.1. For the duration of the Transition, there shall be established the Office of four Vice Presidents. The four Vice Presidents shall be equal in rank and their offices shall cease to exist at the conclusion of the Transitional Period.
4.2. The Powers, Functions and Responsibilities of the four Vice Presidents shall be to:
4.2.1. Oversee the work of the National Commissions and Parastatals falling under their respective clusters;
4.2.2. Serve as members of the NSC and the NDC;
4.2.3. Follow up and ensure the implementation of Council of Ministers’ decisions with the relevant Ministries and institutions within the respective Clusters;
4.2.4. The Vice Presidents who have armed forces shall serve as Commanders-in-Chief of the respective forces during the Pre-Transitional Period and until the unification of forces;
The Vice President nominated by SSOA shall serve as Commander-in-Chief of the SSOA forces during the Pre-Transitional Period and until the unification of forces;
1.1.1. Perform any other functions or duties that may be assigned by the President, including the chairing of ad-hoc sub-committees of the Council of Ministers, as long as such assigned functions or duties do not conflict with the powers, functions and responsibilities of the First Vice President; and
1.1.2. Chair their respective Clusters and supervise implementation of the mandate of the respective Ministries as follows: –
Economic Cluster (Vice President appointed by Incumbent TGoNU)
Service Cluster (Vice President appointed by SSOA)
Infrastructure Cluster (Vice President Appointed by Incumbent TGoNU)
Gender and Youth Cluster (Vice President appointed by FDs)
1.2. In the event that the post of any of the Vice Presidents falls vacant during the Transitional Period, for any reason, including mental infirmity or physical incapacity of the office holder, the replacement shall be nominated by the top leadership body of the respective party as at the signing of this Agreement. Such a process of replacement shall not exceed forty-eight (48) hours. The successor as the Vice President shall serve in Office until the end of the Transitional Period.
2. Powers, Functions and Responsibilities to be exercised by the President, the First Vice President, and the Vice Presidents through consultation and agreements:
2.1. The Revitalised TGoNU is founded on the premise that there shall be collegial collaboration in decision-making and continuous consultations within the Presidency, between the President, the First Vice President, and the Four Vice Presidents, to ensure effective governance during the Transitional Period;
2.2. Powers exercised by the President in consultation with the First Vice President, and the four Vice Presidents in order to reach at mutual understanding and agreement in accordance with this Agreement and the law:
2.2.1. The nomination and appointment of Constitutional and Judicial office holders including state governors;
2.2.2. Commissioning, appointment, promotion, retirement and dismissal of officers of the NDFSS and other organized forces with the approval of the National Defence Council (NDC) or National Security Council (NSC), as appropriate; and
2.2.3. The nomination and appointment of the members of independent Commissions, interim and ad hoc Commissions and Committees;
2.2.4. Appointment of more than two Presidential Advisors.
2.3. The following powers, functions and responsibilities shall be initiated by the President, in accordance with the TCRSS (amended 2015), and shall require the agreement of the First Vice President, and all the Four Vice Presidents:
2.3.1. Declaration and termination of state of emergency;
2.3.2. Declaration of war; and
2.3.3. Convening, summoning and/or adjourning the Transitional National Assembly for ordinary sessions, in consultation with the Speaker of the Transitional National Legislative Assembly
2.4. The following powers, functions and responsibilities may be initiated by either the President, the First Vice President, or any of the Vice Presidents and shall require the agreement of the others:
2.4.1. Initiation of Constitutional amendments, except as provided for in Chapter I, Article 16 of this Agreement (Article 13 of the ARCSS);
2.4.2. Initiation of legislation.
2.5. Powers exercised by the President in consultation with the First Vice President, and the four Vice Presidents in supervising the implementation of the reforms outlined in this Agreement in order to reach at mutual understanding and agreement in accordance with this Agreement and the law:
2.5.1. Coordinate the implementation of this Agreement and initiate institutional reforms as prescribed in this Agreement;
2.5.2. Oversee the preparation and consideration of Revitalised TGoNU business and programmes;
2.5.3. Oversee implementation of laws passed by the Transitional National Legislative Assembly;
3. Decision Making and Consultation Procedures in the Executive of the Revitalised TGoNU
3.1. The Presidency:
3.1.1. Decision making in the Presidency shall be in a spirit of collegial collaboration.
3.1.2. The President, the First Vice President, and the Vice Presidents shall seek to reach agreement on matters of Executive Administration and failure of which by agreement of at least four (04) of them.
3.1.3. The President, the First Vice President, and the Four Vice Presidents shall consult regularly in the exercise of their functions. Consultations may be made through different means but all shall be officially recorded in writing, to preclude misunderstanding and any conflict.
3.1.4. In the event of a deadlock or a tie in the exercise of joint Executive powers listed below, the matter shall be decided by the Council of Ministers, which shall require the agreement of two-thirds of all the members of the Council of Ministers (67%). The decision of the Council of Ministers shall be final:
1.1.1.1. In the appointment of Constitutional and Judicial office holders, including State Governors;
1.1.1.2. In the appointment and establishment of independent Commissions, interim and ad hoc Commissions and committees; and
1.1.1.3. The initiation of legislation necessary to implement this Agreement.
3.1.5. The President, the First Vice President, and the Vice Presidents shall seek to reach agreement on matters of supervision of the implementation of the agreement, failure to agree, decision shall be reached with an agreement of at least four (04) of them, where one must be either the President or the First Vice President.
The Committee on the Powers and Responsibilities of the President

Representative of the Incumbent TGoNU

Hon. Michaael Makuei

Representative of the SPLM/A-IO

Stephen Par Kuol

Representative of the SSOA

Gov. Joseph Bangasi Bakasoro

Representative of the FDs

Hon. Hakim Garang

Representative of the OPP

Representative of the Civil Society

Chairperson of the Committee

 

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