Identifier
Created
Classification
Origin
06KHARTOUM1256
2006-05-26 07:51:00
CONFIDENTIAL
Embassy Khartoum
Cable title:  

NATIONAL ASSEMBLY AND THE CONSTITUTIONAL COURT

Tags:  PGOV PREL ER SU 
pdf how-to read a cable
VZCZCXRO8692
PP RUEHROV
DE RUEHKH #1256 1460751
ZNY CCCCC ZZH
P 260751Z MAY 06
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC PRIORITY 2954
INFO RUCNIAD/IGAD COLLECTIVE
C O N F I D E N T I A L KHARTOUM 001256 

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/26/2016
TAGS: PGOV PREL ER SU
SUBJECT: NATIONAL ASSEMBLY AND THE CONSTITUTIONAL COURT


Classified By: Acting P/E Chief Michael Honigstein, Reason: Section 1.4
(b) and (d).

C O N F I D E N T I A L KHARTOUM 001256

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/26/2016
TAGS: PGOV PREL ER SU
SUBJECT: NATIONAL ASSEMBLY AND THE CONSTITUTIONAL COURT


Classified By: Acting P/E Chief Michael Honigstein, Reason: Section 1.4
(b) and (d).


1. (C) Summary: Poloff met with the Minister of Parliamentary
Affairs, Joseph Okelo who outlined the procedures for passing
laws in the National Assembly. The National Assembly is
currently hearing testimony from each Ministry about their
previous and future activities. However, Okelo doubted this
would produce answers, especially from the Ministers of
Interior and Defense, as they often claim an incident is
under investigation to avoid divulging information. Poloff
also spoke with the former Deputy Chief Justice of the
Constitutional Court, Dr. Hassan al-Bili, who stated that the
Constitutional Court was not functioning and its independence
was compromised because the Presidency must approve their
budget. End Summary.

How To Pass A Law
--------------


2. (U) Poloffs spoke with Minister of Parliamentary Affairs,
Joseph Okelo, from the USAP Southern Political Party, who
outlined that his ministry was responsible for the
coordination of ministries and proposing a schedule for the
National Assembly. Okelo said that the relevant ministries
must propose a law to the Council of Ministers who would then
determine whether a law is required. If a law is required
the proposed law is sent to the National Assembly for
approval, after which the Ministry of Justice verifies that
the proposed law does not contradict other laws or the
Constitution. Once verified, the President must sign the
proposed law within 30 days or it becomes law. If the
President objects he must issue recommendations to the
National Assembly for their approval. If the National
Assembly does not pass a law, the Council of Ministers may
pass a law with reservations.


3. (SBU) According to European Commission representative
(E.C.) Illaria Mussetti, the SPLM has requested technical
assistance to analyze laws in the National Assembly.
Mussetti said that the E.C. would provide legal assistance to
the National Assembly, not only to the SPLM members.

National Assembly Business
--------------


4. (C) Each Ministry is presenting performance updates for
2005 and plans for 2006 to the National Assembly. The
Minister of Interior recently presented his plan for his
ministry including responding to the April 22 Amri incidents
in which unprovoked police officers in Northern Sudan killed
three people and injuring fifty. The Minister was supposed
to discuss the collapse of the Ministry of Interior building
in 2005 which led to the resignation of the Minister of
Interior, later reassigned as the Minister of Defense.
According to Okelo the National Assembly was not pleased with
the Minister's testimony because he did not provide details
on the Amri incident or the collapsed building citing that it
was "under investigation".


5. (SBU) According to Okelo, one of the key issues which will
be discussed during the Minister of Justice's testimony is
the delay in reforming the 60 laws identified as
contradicting the Constitution. On May 22, Poloff spoke with
the Minister of Justice, Mohammed Ali al-Mardi, who said that
he was preparing for his testimony to the National Assembly.

Constitutional Court: Salary Woes
--------------


6. (C) Poloff spoke with Dr. Hassan al-Bili, former Deputy
Chief Justice of the Constitutional Court about the
challenges facing the current court. Bili said that the
judges have not discussed their salaries nor established an
administrative budget. The Presidency must approve the
Court's budget, which Bili said would compromise the
independence of the court. Bili told Poloff that the major
difference between the new and old Constitutional Court is
that previously the National Assembly approved the budget.
Bili said that Chief Justice, Abdallah Ahmed Abdallah, is
reluctant to request from President Bashir a salary and
operating costs for the court. Bili added that although
nominated by Vice President Taha, Abdallah lacks a
relationship with government officials because he worked in
Kuwait for thirty years.
WHITEHEAD