Contesting the Interim National Constitution of After the Comprehensive Peace Agreement of 2005 Research Paper This research is funded by the Micro-Macro Peace Project in Sudan. Supported by CMI Norway in collaboration with the Universities of Ahfad, Khartoum and Juba. Prepared by : Balghis Badri (Prof. of Sociology ) Director of the Institute of Women, Gender & Development Studies Ahfad University for Women April 2008 Trial
Fair 34. (1) anyone who is arrested shall be informed, at the time of arrest, of the reasons for his/her arrest and shall be promptly informed of any charges against him/her; (2) In the determination of any criminal charges or rights and obligations in a law suit, the accused shall be entitled to a fair and public hearing by a competent, independent and impartial court of law; (3) Everyone charged with an offence shall be presumed innocent until proved guilty according to law; (4) No one shall be held guilty on account of any act or omission which did not constitute an offence under national, Southern Sudan or state laws, or international law at the time when it was committed; (5) In the determination of any criminal charge against anybody, he/she be entitled to be tried in his/her presence without any undue delay and to defend himself/herself in person or through legal assistance of his/her own choice and to have legal aid assigned to him/her where the interest of justice so require; Right to Litigation 35. (1) The to litigate shall be guaranteed for all persons and no one shall be denied the right to sue; Amendments to be added: (2) Everyone has the right to have any dispute, that can be resolved by the application of law, decided in a fair public hearing before a court of law or, where appropriate, before any other independent and impartial tribunal or forum specified by law or agreement; (3) The shall assist disadvantaged groups to have access to justice. (4) The State shall remove all factors that inhibit persons especially women from accessing justice.
(2) Where the procedure of adopting the general budget, and the appropriation bill is delayed beyond the beginning of the financial year, expenditure shall continue pending adoption of the general budget, in accordance with the estimates approved for the previous year, as if the same has been appropriated by law for the new year; (3) Whenever new circumstances or a matter of public concern prove not to have been satisfactorily addressed by the general budget, the President may during the financial year cause to be presented a financial bill, a supplementary appropriation or an allocation out of the reserve funds; to which shall apply the same provisions set out with respect to the general budget bill; Final Accounts 114. (1) The President of the Republic shall cause to be presented to the National Assembly during the six months following the end of the financial year, final accounts for all revenues and expenditure as are set forth in that year, as well as expenditure withdrawn from the reserve funds; the Auditor General shall present his/her report on such accounts to the National Assembly; (2) Members shall approve the Auditor General’s recommendations for better financial transparency, management, accounting and auditing at national and state level. Delegation of Powers of Subsidiary Legislation 115. (1) The National Legislature may, by law, delegate to the President of the Republic, the National Council of Ministers or any public body, the to make any subsidiary regulations, rules, orders or any other subsidiary instrument having the force of law; provided that such subsidiary legislation shall be tabled before the concerned Chamber; and be subject to adoption or amendment by a resolution of that Chamber in accordance with the provisions of its regulations; Validity of the Proceedings of the National Legislature 116. (1) No or other authority shall call into question the validity of any proceedings of the National Legislature. A certificate signed by the