01/09/2025
Parliament has no legal authority to summon VP Bol Mel, says MP Stephen Lual
On Monday Ordinary Sitting No. 12 of the Transitional National Legislative Assembly (TNLA), Stephen Lual Ngor, a Member of Parliament representing Northern Bahr el Ghazal State, stated that neither the Transitional Constitution of the Republic of South Sudan nor the Revitalized Peace Agreement (R-ARCSS) grants Parliament any explicit provision authorizing it to summon the President or Vice Presidents for questioning.
This follows a motion by MP Machok Majong Jong to summon the Vice President for the Economic Cluster, Dr. Benjamin Bol Mel, to appear before Parliament and respond to 13 questions. The motion has been tabled before Speaker Jemma Nunu Kumba for approval.
In his official statement, Lual said: Article 1.14(6)(b) of the Peace Agreement defines the powers of the Revitalized Transitional National Legislative Assembly, granting Parliament oversight over the performance of the entire Executive.
However, this oversight is general in nature and does not extend to summoning the President or Vice Presidents. Furthermore, Article 82 stipulates that the National Legislative Assembly or any of its committees may summon any public official or any person within South Sudan, except the President, to testify or provide opinion before it. Paragraph 2 of Article 82 also specifies that no inquiry on any matter falling within the direct responsibility of the National Government may be conducted without notifying the President.
Lual added that the Transitional Constitution, as amended in 2011, 2015, and 2018, empowers the Assembly to summon ministers and executive officials, but it makes no mention whatsoever of calling the President or Vice Presidents before the Assembly.
He warned that any attempt to summon them would have no legal basis and would require a clear constitutional amendment or specific legislation to regulate such procedures.
Lual concluded his remarks by urging lawmakers, Parliament must exercise its broad oversight and legislative powers responsibly and within the confines of the law, avoiding any overreach or misinterpretation.
