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Under South Sudan’s constitutional provisions, the National Security Service Bill 2014 (2024 Amendment) will automatically become law once it is passed by the South Sudanese Parliament. Transitional National Legislative Assembly (TNLA) and subsequently presented to President Salva Kiir.
Legal experts confirmed that the bill was passed on July 3 and sent to the president on July 12, and will become law if it is not signed or vetoed by the president within 30 days.
Bol Gabriel Diing, a South Sudanese lawyer and expert in international human rights law, told Radio Tamazuj on Monday that while the 30-day legal deadline has not expired, the president’s silence is a cause for concern.
“The Constitution clearly provides for a 30-day statutory period,” Dean said.
“However, since the bill was submitted on July 12 and today is August 12, 2024, the deadline has not yet passed. It is worth noting that the 30 working days does not include weekends and public holidays,” he explained.
The amendment bill has sparked controversy for retaining certain controversial provisions, particularly those that give the National Security Service (NSS) expanded powers, including the ability to arrest suspects without a warrant. President Kiir and First Vice President Riek Machar had previously reached an agreement to remove the provisions as they were considered unconstitutional.
Despite this agreement, lawmakers approved the bill, leaving the controversial parts intact. This has caused great concern among observers, human rights groups and foreign diplomats. Amnesty International urged President Kiir to ensure that the bill complies with the constitution and international human rights standards, and advocated limiting the NSA’s duties to information gathering and analysis, rather than the power of arrest.
Lily Adhieu Martin, Presidential Press Secretary Tell Radio Tamazuj Last month, President Kiir intended to review the bill in consultation with his legal advisers. However, there has been no news from the president’s office since then.
The public remains concernedMany fear that the potential law would expand the NSA’s powers beyond acceptable limits.stressing the need for a thorough review.
According to the South Sudanese constitution, any bill approved by the national legislature cannot become law unless it is assented to and signed into law by the president. If the president refuses to assent within thirty days without giving reasons, the bill shall be deemed to have been signed.
The bill also provides that if the President refuses to give his assent to the bill within 30 days and gives reasons, the bill will be resubmitted to the state legislature for consideration of the President’s opinion.
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