Wednesday 28 August 2013

LEARN FROM HISTORY BEFORE YOU DISREGARD "SEPARATION OF POWERS"!


The Current regime in Juba needs to lean from the experiences of other democracies before it goes to the next phase of parliamentary intimidation and manipulation of judicial processes. In America, Franklin Delano Roosevelt enjoyed popular support when he crushed dour incumbent Herbert Hoover and carried the Democrats to a solid majority in Congress during the 1932 elections. Riding on this popular support, he  signed 15 major pieces of legislation designed to relieve the suffering of millions and extricate America from the Great Depression. This era was widely touted as "New Deal era".
But by 1936, the New Deal had begun to falter. Conservative businessmen, who found themselves heavily taxed and regulated by the new legislation, pushed a string of challenges to Roosevelt's programs through the courts. On January 6, the Supreme Court made a ruling that struck at the very heart of Roosevelt's reforms. FDR's response to the ruling would irreparably damage the New Deal.
In a six to three ruling, the court invalidated FDR's Agricultural Adjustment Act, which provided subsidies to farmers who decreased production of certain commodities. The Court ruled that the processing tax which funded the subsidies was unconstitutional, and that the states, not the federal government, had the power to regulate agriculture.
Roosevelt realized that if the court applied this states-rights reasoning across the board, the New Deal would crumble.
Infuriated by the Courts stance, Roosevelt decided to intimidate the Judiciary by launching in 1937 following is second term victory of 1936, with little or no warning, what would become known as his "court packing" plan. Citing the inability of the federal courts to deal with an overwhelming caseload, he proposed judicial reforms, including the addition of one justice to the Supreme Court for every one who did not retire by age 70-1/2, with a maximum five justices added.
His plan to influence the Court provoked outrage nationwide. Many perceived it as an attempt to rig the American judiciary system and give the executive branch almost dictatorial power. In a public speech in March, Roosevelt managed to turn American opinion his way, but when the Supreme Court reported that it had no problem keeping up with its caseload, support for his plan declined.
The attempt to influence the Supreme Court was one of the worst episodes of Roosevelt's presidential career. For the first time since his election, FDR had been publicly humiliated and utterly defeated -- in a battle he need not have fought.

Changing gears, the recent apparent intimidation of the Parliament in Juba (News has it that the President had threatened to dissolve the parliament if they don't approve his choice for VP position) would satisfy the short-term goals of the executive.....including rubber-stamping the appointment of Hon. J. Wani Igga as the Vice President and any other appointments the President is like to make in coming days that need parliamentary approval. But these moves are going to hurt the ruling party, including Uncle Kiir's chances of defending his seat, in the long run (probably 2015).
Public opinion is a major factor in Major political battles. Machar seems to be courting this lucrative factor at the moment, while Uncle Kiir and his handlers, through his recent actions (above), seems to be overestimating it. When the Parliament rejected the appointment of Hon. Telar Ring as Justice minister, its move was popularly touted as a win for the doctrine of separation of powers, moreso by President's acceptance of the Parliamentary decision.
Within two years of our independence, the doctrine of separation of powers has only been on the Paper (Transitional Constitution). Its practical application has been a mockery. Like Parliament, Judiciary has not been left to carry out its constitutional mandate without "long hands" of the executive hovering over its chambers. Pagan Amum case against The Citizen News Paper serves as an example of the lack of Judiciary independence from the executive. Pagan managed to use his influence (or that of his bosses) to win a defamation case against the News Paper company that had aired his alleged theft of 30+ millions dollars. The manner in which the verdict was reached was controversial, even made worst by conspicuous presence of the Chief Justice and President of the Judiciary Chan Reec Madut during the judgement delivery by the high court.

But what will put the regime in disrepute like President Roosevelt is not its manipulation of judicial processes (People are used to that), but the current intimidation of the Parliament which had won the hearts of majority of citizens in the manner it handled Telar's saga.
As they say, "history repeats itself," it is certainly going to repeat itself this time not in USA but in South Sudan, if the regime continues with this belief of "when one is popularly elected, his mandate supersedes that of other constitutional institutions and is bound to rule by his whims as opposed to ruling by the law of constitution!
LEARN FROM HISTORY AND FOLLOW THE RIGHT PATH!!!!!!!