Juba dismisses UN warning over Machar sacking

Newly appointed Vice President of South Sudan, Taban Deng Gai (left) and South Sudan's President Salva Kiir at State House in Juba on July 26, 2016. The UN maintained that the decision to sack Dr Machar was a violation of the peace agreement. PHOTO | AFP  

By JOSEPH ODUHA

In Summary

• The UN, however, maintained that the decision to sack Dr Machar was a violation of the peace agreement.

South Sudan has told off the United Nations (UN) for warning against the replacement of Dr Riek Machar as the First Vice-President.

Information minister Samuel Makuei said the nomination of Gen Taban Gai Deng to replace Dr Machar was the business of the opposition and not the government.

“This issue is something which has nothing to do with the government, it is the SPLM-IO that has decided to appoint Taban Gai Deng to act in the absence of Machar,” Mr Makuei was quoted saying by Eye Radio in Juba.

The UN, however, maintained that the decision to sack Dr Machar was a violation of the peace agreement.

“Any political appointments need to be consistent with the provisions outlined in the peace agreement,” the UN statement reads. The peace agreement says in the event that the post of the First Vice-President falls vacant during the transition period, for any reason, the replacement shall be nominated by the top leadership body of SPLM-IO.

Dr Machar was appointed to the post in April after nearly two years of fighting between his supporters and President Salva Kiir’s forces.

Dr Machar fled Juba again on July 11 due to latest flare up between the rival forces.

On Monday evening, President Kiir’s office said the decision was made within the law because the nominating organ; former rebels, had said Dr Machar who held the position had absconded duty.

In a sign of deepening crisis within the government in Juba, President Kiir said the Sudan People’s Liberation Movement/Army-in-Opposition (SPLM-IO) wrote to him advising a replacement as is required by the peace agreement the two sides signed.

Mr Jimmy Makuach, South Sudan’s Deputy Head of Mission in Nairobi said President Kiir was only following instructions from the SPLM-IO who had decided to withdraw Riek Machar from the position.

“The agreement says in the event the position of the First Vice President falls vacant, the leadership of the IO nominates a replacement,” Mr Makuach told the Nation.

On Monday, the rebel group claimed they had come under attack from government forces looking to locate Riek Machar but said they will fight back if the bombardment continues.

“He is now in the bush but they are trying to track him down.

Nominating replacement

‘‘If the situation allows he will come out of the bush and tell the world what happened. But he retains the right to self defence if attacked

Article 6.4 of the Agreement on the Resolution of the Conflict in the Republic of South Sudan says the former rebels generally known by their acronym SPLM/A-IO and who are entitled to the position of First Vice President can determine a replacement, if it falls vacant, within 48 hours.

Though the peace deal says nothing on whether the holder of the position can be withdrawn or changed, it gives the holder powers to delegate an official to act on his behalf if he is away.

President Kiir permanently appointed Taban Deng Gai to the post on the “recommendation of the top leadership of the SPLM/A (IO)” even though Machar had announced he had fired Gai from the post of Mining Minister “for defecting” to the SPLM/A in Government under President Kiir.

READ: Riek Machar removed as South Sudan vice-president

The decision followed confusing events at the weekend. On Friday, Machar ‘fired’ Deng Gai. On Saturday, group of SPLM/A-IO officials gathered in Juba to announced they were nominating Machar’s replacement for the President to appoint. They picked on Deng Gai, a man who had been Machar’s lead negotiator during the run-up to the peace agreement.

Then Deng denied he had been fired arguing the correct procedure do so was not in Machar’s hands but the party’s leadership called the Political Bureau.

The group then wrote to President Kiir who in turn issued a decree. Last evening, Machar’s side argued the replacement announced on Monday was illegal and accused the President of sabotaging the peace deal.

“It is a conspiracy to destroy the peace agreement. Deng was intentionally picked by the President because he will do according to the wishes of Kiir’s government.

“There is only one Commander-in-Chief of the SPLM/A-IO and that is Dr Riek Machar. Deng Gai has no control over the forces of the SPLM/A-IO and 95 per cent of leaders in the party support Dr Machar.” Riek Machar’s Spokesman James Dak told the Nation.

Machar’s Spokesman accused Kiir of “using a group of defectors from the streets” to make decisions for the party when its real leadership was not even in Juba. According to him, only the Political Bureau made up of 23 members can change the leadership and overall decisions are made by the National Liberation Council made up of 200 delegates.

Only 4 members of the Political Bureau were present in Juba on Saturday, he claimed