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Back to: Constitutions
Sudan
Entered into force 1 July 1998
Preamble
In the name of God, the creator of man and people, the grantor of
life and freedom, and the guiding legislator of all society.
We, the people of Sudan, with the help of God, cognisant of the
lessons of history, and with the help of the revolution of National
Salvation, have made this Constitution to establish a public order,
which we undertake to respect and protect, so help us God.
Part I
The Guiding Principles of the State
Article 1
Nature of the State
The State of Sudan is a country of racial and cultural harmony and
religious tolerance. Islam is the religion of the majority of the
population and Christianity and traditional religions have a large
following.
Article 2
Federal State
Sudan is a Federal Republic governed at its highest level of
authority in accordance with a federal system of government based on
the Constitution and at the local level it is governed by local
councils acting in accordance with the law. The government shall
ensure participation, (consultation) shura and mobilization, respect
for justice in the division of power and wealth.
Article 3
Language
Arabic is the official language in the Republic of Sudan. The State
permits the development of local languages and other international
languages.
Article 4
Supremacy and Sovereignty
God, the creator of all people, is supreme over the State and
sovereignty is delegated to the people of Sudan by succession, to be
practiced as worship to God, performing his trust, developing the
homeland, and spreading justice, freedom and shura in accordance
with the Constitution and laws.
Article 5
Flag, Emblem, Medals, Feasts
The State flag, emblem, medals and feast days are determined by law.
Article 6
National Unity
Sudan is united by the spirit of loyalty and compromise among its
citizens, cooperation in the fair and just distribution of authority
and of national resources. The State and society shall work together
to foster the spirit of reconciliation and national unity among all
Sudanese people, to guard against religious parties, political
sectarianism and to eliminate ethnic prejudices.
Article 7
Defence of Sudan
Defense of the motherland is an honor and Jihad is a duty. The State
is responsible for the popular armed forces and their defense of the
political and territorial integrity of Sudan and the State shall
care for the wounded in war and martyrs' families.
Article 8
National Economy
The State directs the growth of the national economy guided by
planning on the basis of work, production and free market to prevent
monopoly, usury, cheating, and to ensure national self-sufficiency,
abundance, blessings and the aims of justice among states and
regions.
Article 9
Natural Resources
All natural resources under the ground, on its surface or within the
territorial waters of Sudan are public property and shall be in
governed by law. The State shall prepare plans and prompt the
appropriate conditions for procuring the financial and human
resources necessary to exploit these resources.
Article 10
Zakat and Other Financial Obligations
Zakat is a financial obligations collected by the State and its
collection, expenditure and administration shall be in accordance
with law. Inheritance (waqf), donations and self-help are voluntary,
but encouraged by the State in accordance with law. Taxes, financial
transaction fees and other financial obligations are subject to law.
Article 11
Justice and Social Solidarity
The Republic of Sudan shall guard justice and prompt social
solidarity to establish a basic structure of society that provides
the highest standard of living for every citizen and fairly
distributes the national income, curtailing excesses and preventing
the exploitation of the vulnerable, elderly and handicapped.
Article 12
Science, Arts and Culture
The State mobilizes its official resources and the popular
institutions for combating illiteracy and ignorance, strengthening
educational systems, and promoting science, research, scientific
cooperation and facilitating access to education and research. It
also encourages all forms of arts and seeks to encourage society to
adopt religious values, piety, and activities beneficial to social
development.
Article 13
Public Health, Sport and Environment
The State shall promote public health, encourage sports and protect
the natural environment, its purity and its natural balance, to
ensure safe, sustainable development for the benefit of all future
generations.
Article 14
Children and Youth
The State shall care for children and youth, protect them from
physical and spiritual exploitation and neglect, and shall implement
policies for moral care and national education and religious values
to ensure good future generations.
Article 15
Family and Women
The State shall care for the family, facilitate marriages, develop
population policies, provide child care, care for pregnant women,
liberate women from injustices in all aspects of life, encourage
women's role in the family and public life.
Article 16
Social Morals and Unity
The State will seek by laws and directive policies to purge society
from corruption, crime, delinquency and the consumption of alcohol
by Muslims. The State shall also encourage society to adopt good
customs, noble traditions, righteous manners, encourage the
individual to participate effectively in the social life, and
protect the unity of the country, the stability of government and
the development of its civilization in conformity with admirable
ideals.
Article 17
Foreign Policy
The Republic of Sudan's foreign policy is conducted with pride,
independence, openness and cooperation for the purpose of advocating
the message of admirable principles to benefit the whole country and
all humanity. This shall be achieved especially through the
promotion of international peace and security; the promotion of the
peaceful settlement of international disputes; enhancing cooperation
with all countries in all aspects of life; observing the principles
of good neighbourliness; non-interference in the internal affairs of
others; respect for the basic rights, freedoms, duties and religious
freedom for all people; ecumenical and cross-cultural dialogue to
exchange benefits; and the strengthening of "international systems"
based on justice, shura, good principles and the unity of humanity.
Article 18
Religion
Those working for the state and those in public life should worship
God in their daily lives, for Muslims this is through observing the
Holy Quran and the ways of the Prophet, and all people shall
preserve the principles of religion and reflect this in their
planning, laws, policies, and official work or duties in the fields
of politics, economics, and social and cultural activities; with the
end of striving towards the societal aim of justice and
righteousness, and towards achieving the salvation of the kingdom of
God.
Article 19
Directive Principles
The directive principles are the general goals that the institutions
and employees of government shall observe in all their undertakings
and in the desire to achieve a government directed by them. No court
or law can limit or enforce these principles. They are to be
observed in all projects and policies of the executive branch of
government and to be developed by the legislative branch in its
laws, advice, investigations. All servants of the State shall work
to implement them.
Part II
Freedoms, Rights and Responsibilities
Chapter One
Individual Rights
Article 20
Liberty and Life
Everyone has the right to life and liberty and security of person in
accordance with the law. Everyone shall be free and no one shall be
held in slavery or servitude or degraded or tortured.
Article 21
Liberty and Right of Equality
All persons are equal before the law. Sudanese are equal in the
rights and duties of public life without discrimination based on
race, sex or religion. All persons are equal in eligibility for
public office and civil service positions without preference due to
wealth.
Article 22
Nationality
Everyone born of a Sudanese mother or father has the inalienable
right to Sudanese nationality, its duties, and obligations. Everyone
who has lived in Sudan during their youth or who has been resident
in Sudan for several years has the right to Sudanese nationality in
accordance with law.
Article 23
Freedom of Movement
Every citizen has the right to freedom of movement and residence in
the country, to leave and return to the country, and these rights
shall not be restricted except in accordance with law.
Article 24
Right to Religion or Conscience
Everyone has the right to freedom of conscience and religion and the
right to manifest and disseminate his religion or belief in
teaching, practice or observance. No one shall be coerced to profess
a faith in which he does not believe or perform rituals or worship
that he does not voluntarily accept. This right shall be exercised
in a manner that does not harm public order or the feelings of
others, and in accordance with law.
Article 25
Freedom of Opinion and Expression
Every citizen has the right to seek any knowledge or adopt any
faith, in opinion or thought, without being coerced by the
authorities. Everyone shall have the right to freedom of expression,
to receive information, to publish and there shall be freedom of the
press, subject to restrictions necessary to security, public order,
public safety, public morals and in accordance with law.
Article 26
Freedom of Succession and Organization [Association]
All citizens have the right to freedom of succession and
organization for cultural, social, economic, professional or trade
union purposes, without restriction except in accordance with law.
All citizens have the right to organize political succession. This
right may only be limited by the conditions of shura, democracy in
the leadership of the organization and the duty to campaign
non-violently for their organization without using material wealth
and bound by the provisions of the constitution and in accordance
with law.
Article 27
Minorities and Cultural Rights
Every sect or group of citizens have the right to keep their
particular culture, language or religion, and to voluntarily bring
up their children within the framework of these traditions. It is
prohibited to impose one's traditions on children by coercion.
Article 28
Right to Property
Every one has the right to monetary earnings and to his ideas, and
retains ownership over his earnings. The state may not confiscate
his money, land, invention, production or scientific or literary
products, except by law to enforce public sharing, for the public
interest and only in exchange for just compensation.
There may be no taxes or fees or other financial impositions except
in accordance with law.
Article 29
Privacy of Residence and Communication
All citizens are allowed freedom of communication and
correspondence. Confidentiality is guaranteed and no communication
or correspondence may be observed or recorded except as provided by
law.
Personal privacy of residence, living quarters, households and
family are sacred and they may not be investigated except by
permission or as provided by law.
Article 30
Security of Person
Everyone is free and shall not be arrested, detained or imprisoned
except in accordance with law which shall prescribe the charge, the
maximum time limit that one may be held without charge, the means of
release and the conditions of treatment while in detention.
Article 31
Effective Remedies and Liberty
All persons have a right to an effective remedy and no person may be
subjected to criminal proceedings or deprived of the right to bring
a claim at law, except in accordance with law.
Article 32
Rights of Defendants
A suspect of a crime is innocent until convicted and has the right
to a speedy and just trial and the right to defend himself.
Article 33
Death Penalty
The death penalty may not be imposed except as chastisement or
punishment for the most serious very serious crimes in accordance
with law.
A sentence of death shall not be imposed by crimes committed by
persons below eighteen years-of-age and shall not be carried out on
pregnant or lactating women, except two years after the birth, or on
those above the age of seventy except when they have committed
crimes of qisas or hadud.
Article 34
Protection of Constitutional Rights
Every injured or harmed person who has exhausted all his executive
and administrative remedies has the right to appeal to the
Constitutional Court to protect the sacred liberties and rights
contained in this Part.
The Constitutional Court in exercise of its authority may annul any
law or order that is not in accordance with the Constitution and
order compensation for damages.
Chapter Three
Responsibilities of Citizens
Article 35
Public Duties (and their Supervision)
Every citizen has the duty:
to be loyal to the Republic of Sudan and not to support its enemies;
to defend the country and respond to the Jihad call and national
service;
to respect the Constitution and law and to respect and obey
legitimate legal institutions and the legal, financial and practical
obligations they impose;
to protect public funds, property, utilities and combat corruption
and sabotage;
to participate by opinions and public advice and to encourage others
to do good deeds and to forbid others from doing bad deeds;
to show respect for the sacredness of society and its public
interests and to preserve a righteous environment, morality and
justice;
to participate in economic activities, public development, and to
cooperate in charity, and to participate in national obligations
concerning production;
to practice the rights and duties granted to him to improve public
work, society and state leadership.
The duties of the citizens are general obligations governed by
conscience and the supervising society. They are the source of
policies and legislation, which may provide for penalties for
non-compliance.
Part III
Leadership and Execution
Chapter One
Presidency of the Republic
Article 36
The President of the Republic
The Republic of Sudan shall have a President elected by the people.
Article 37
Conditions for Eligibility
To be eligible to become President of the Republic of Sudan, the
candidate should be:
a Sudanese national;
of sound mind;
at least forty years-of-age; and
d) not have been convicted of a crime involving moral turpitude or
dishonesty in the last seven years.
Article 38
Elections
Every voter in the Republic has the right to nominate a candidate
for the Presidency of the Republic, but the candidate must be
seconded in accordance with law.
The President shall be the candidate receiving the highest number of
votes, but not less than fifty percent of the total number of votes
cast.
If no candidate receives the percentage of votes specified in
paragraph 2 of this article, a run-off election shall be conducted
between the two candidates receiving the highest number of votes.
Article 39
Postponement of the Election
If the Public Election Commission decides to postpone the
presidential election due to circumstance of force majeure, it must
conduct the election as soon as possible. In such circumstances, the
incumbent President of the Republic will remain in office and his
term will be extended until the elections are held and the new
President has taken the oath of office.
Article 40
Oath of Office of the President of the Republic
The elected President of the Republic shall take the following oath
of office: "In the name of Allah (God) the Almighty, I swear to
perform as President of the Republic in worship and obedience to
Allah, performing my duties diligently and honestly, working for the
development and progress of the country and ignoring all personal or
fanatical whims. I swear in the name of Allah, the Almighty, to
respect the Constitution, law and consensus of public opinion and to
accept shura and advice. Allah is the witness of what I say."
Article 41
Presidential Term
The term of President of the Republic is five years from the date of
inauguration and a President may be re-elected only once.
Article 42
Powers of the President of the Republic
The President of the Republic is the ruler and highest sovereign
authority of the country, responsible for the command of the armed
forces and other organized forces; ensuring the country's security;
maintaining its honor and external relations; supervising foreign
relations, the judiciary, justice and public morals, constitutional
institutions and mobilizing the country for development, with the
following jurisdictions according to the Constitution and law:
Appointing the personnel in the Federal offices created by this
Constitution;
Presiding over the Council of Ministers;
Declaring the state of war in accordance with the Constitution and
law;
Declaring a state of emergency in accordance with the Constitution
and law;
Initiating amendment of the Constitution, law and providing final
approval of the same;
Endorsing the rules governing executions, granting pardons and
annulling sentences convictions or sentences;
Representing the State in foreign relations with other countries and
with international organizations, appointing ambassadors; and
recognizing the diplomatic representatives of other States;
General representation of the government and the public opinion at
public occasions;
Any other powers provided for in the Constitution or law.
Article 43
Absence of the President or Vacancy of the Post of President
The post of President of the Republic becomes vacant on the
following occasions:
Completion of the term of the Presidency;
Death;
Mental illness or serious fiscal disability;
Imprisonment in accordance with the rules of the Constitution;
Resignation of the President that has been accepted by the National
Assembly.
When the President of the Republic is absent or his post is vacant,
the First Vice-President shall temporarily perform the duties of
President of the Republic until the return of the President or the
election of a new President.
If the Office of President is vacant, elections or the President of
the Republic shall be held within sixty days from the vacancy of the
post.
Article 44
Vice-Presidents and Assistants
The President of the Republic shall appoint two deputies and two
vice-presidents meeting the same requirements of eligibility as are
necessary for the office of President of the Republic. He shall also
appoint his assistants and Advisors and define their seniority and
duties; and each shall take the same oath as the President has taken
upon assumption of office.
Article 45
Criminal Liability of the President and his Deputies
The criminal liability of the President and his deputies is as
follows:
No criminal proceedings may be taken against the President without
the written permission of the National Assembly.
Any criminal proceedings taken in accordance with paragraph a shall
be brought before the Constitutional Court.
Any decision to convict the President of a crime must be approved
ratified by the National Assembly.
The National Assembly may decide by a majority of two-thirds to
remove the President after he has been convicted of a crime of
treason or any other crime involving moral turpitude or dishonesty.
Article 46
Legal Action Against an Act of the President
Anyone harmed by an act of the President of the Republic may make an
application:
before the Constitutional Court, in cases relating to the
constitutional powers of the President or in cases relating to the
violation of individuals' human rights stipulated in this
Constitution, and
before the ordinary courts in any other cases of illegality.
Chapter Two
Council of Ministers
Article 47
Formation and Authority
The Council of Minister is formed from the Ministers appointed by
the President.
The Council of Ministers is the highest Federal Authority in the
State under the Constitution and the laws of Sudan. It decides by
consultation and unanimously, or if unanimity that is not possible,
by majority. The decisions of the Council of Ministers shall prevail
over all other executive decisions.
Article 48
Oath
The Minister upon his appointment and before taking office shall
take the following oath before the President of the Republic:
"In the name of Allah (God) the Almighty, I swear to perform my
ministerial duties in worship and obedience to Allah; performing my
duties diligently and honestly; working for the development and
progress of the country and ignoring all personal or fanatical
whims. I swear in the name of Allah, the Almighty, to respect the
Constitution, law and consensus of public opinion and to accept
shura and advice. Allah is the witness of what I say."
Article 49
Powers of the Council of Ministers
The Council of Ministers shall undertake the following:
General planning for the State, including the establishment of aims,
details and implementation.
Approve of the most important policies of the federal ministries or
area of ministerial responsibility.
Undertake the executive or administrative activities of any Ministry
or area of ministerial responsibility specified in law or a decision
of the Council of Ministers.
Initiate legislation approving international treaties and
agreements, proposed legislation, provisional decrees, the public
budget or any other matter to be referred to the National Assembly.
Request reports on executive activities of any Minister and ensure
the responsibility of any Minister according to his reports and the
policies of the Council of Ministers.
Request reports about the performance of any State executive for the
purpose of information and coordination of the division of authority
between the federal government and state governments.
Regulate the conduct of its own work.
Perform a political role by making statements or otherwise
mobilizing the population to achieve the aims of political and
public life.
Perform any other function or powers conferred by law.
Article 50
Ministerial Authority
The Minister shall have jurisdiction and powers prescribed by law or
delegated to him.
The Minister is the highest authority in his ministry and his
decisions are supreme in his ministry, except when amended or
cancelled by the Council of Ministers.
The President of the Republic can suspend the decision of a Minister
it has been approved by the Council of Ministers.
The federal and state Ministers shall coordinate, cooperate, and
compliment each other's roles.
Article 51
Joint and Several Responsibility of Ministers
A Minister shall be responsible for the work of his Ministry to the
President of the Republic, the Council of Ministers and the National
Assembly.
Ministers are jointly responsible for the performance of the
executive to the National Assembly.
Article 52
Prohibition of Commercial Interests
It is prohibited for the President of the Republic or any of the
vice-presidents, his assistants, advisors or Ministers to undertake
any commercial profession or to engage in any commercial activity
during their term of office.
Article 53
Vacancies
This post of a Minister becomes vacant in the following situations:
the President's acceptance of the resignation of a Minister;
the dismissal of a Minister by a resolution of the President of the
Republic;
death of the Minister.
Article 54
Privacy and Regulation of Deliberations
The meetings of the Council of Ministers are secret and may not be
revealed expect with the express permission of the Council of
Ministers.
Article 55
Appeal Against Ministerial Action
Anyone harmed by the work of a Ministry can appeal against an action
of a Minister or Ministry:
before the Constitutional Court in cases relating to constitutional
powers or authority or in cases relating to individual human rights.
before the ordinary courts in any other cases of illegality.
Chapter Three
State Executive Authority
Article 56
Conditions for the Nominations of State Governors
Each state shall have a Governor elected in accordance with the
Constitution and law.
The governors shall be chosen from among individuals meeting the
requirements for eligibility to the Presidency of the Republic.
A college for nomination of the governor shall be established in
each state from among members of the National Assembly representing
the state, members of the State Assembly, and the Presidents of the
Local Councils. The State Assembly shall present a list of six
nominees to the President of the Republic two months before the end
of the terms of the current governors.
The President of the Republic shall select three persons from the
names presented to him and then consult the Public Election
Commission about their eligibility for the post. If they meet the
requirements of eligibility, these three people shall be the
candidates for the post of the State Governor.
The winning candidate for the post of State Governor, shall be the
candidate that has received more than fifty percent of the total
number of votes cast.
If no candidate receives the percentage of votes indicated in
paragraph 5, a second round of elections shall be held between the
two candidates receiving the highest number of votes.
Article 57
Postponement of Elections of Governors
If it is not possible to hold elections for a reasons determined by
the Public Election Commission, the President of the Republic may
name a State Governor until such time as the Public Elections
Commission determines that elections may be held.
Article 58
Oath of the State Governors
Each State Governors upon his appointment and before taking office
shall take the same oath as taken by the President of the Republic.
Article 59
Terms of Office
The term of office of each State Governor shall be four years and
may be re-elected for one term only.
Article 61
Power of Governors
The State Governor shall have the following powers:
To appoint the State Ministers after consultation with the President
of the Republic.
To preside over the State Council of Ministers.
To supervise the general security of the state and to coordinate its
good administration.
To represent the State.
Article 62
Individual Responsibility of Governors
The Governor shall be individually responsible to the President of
the Republic.
Article 63
Criminal Liability of Governors
The State Governors have the same criminal liability as the
President of the Republic, with the exception that the State
Assembly shall replace the National Assembly in so far its
responsibilities are concerned.
Article 64
State Councils of Ministers
Each State shall have a Council of Ministers.
The provisions of articles 47(2), 48 and 49 shall apply to the State
Council of Ministers with the exception of the power to initiate
bills concerning international treaties and agreements, and taking
into account that the character of State Councils of Ministers as
organs of states, that they are submit legislative proposals to the
State Assembly.
The powers of a State Minister are the same as those of a Federal
Minister as stated in paragraphs 1, 2 and 3 of article 50 and taking
into account that the State Governor shall be substituted for the
President of the Republic in the exercise of these powers.
The provisions of article 50 through 55 shall apply to the state
executive powers taking into account that the State Governor shall
be substituted for the President of the Republic in the exercise of
these powers.
Part IV
Legislator
Chapter One
Sources of Legislation
Article 65
Source of Legislation
The Islamic Sharia and the national consent through voting, the
Constitution and custom are the source of law and no law shall be
enacted contrary to these sources, or without taking into account
the nation's public opinion, the efforts of the nation's scientists,
intellectuals and leaders.
Article 66
Referendum
The President of the Republic or the National Assembly by a
resolution enjoying the support of fifty percent of its members, may
refer any matter concerning fundamental values, national will, or
national interest, to a referendum.
The Public Election Commission shall organize a national referendum
under all the registered voters in the Sudan and the resolution
presented in the referendum shall be deemed accepted by the people
of Sudan if it receives more than fifty percent of the votes cast.
Every resolution that receives the consent of the people of Sudan
shall have the status above any other law and it may only be
abridged by a later resolution accepted by referendum or by a
two-thirds majority of the National Assembly.
Chapter Two
The Federal Legislative Power
Article 67
National Assembly
National Assembly shall be established to exercise the legislative
authority or any other power accorded it by the Constitution.
The National Assembly is established by direct general elections of
its members, by special elections or by indirect elections as
follows:
Seventy-five percent of its members are directly elected from
geographical constituencies that proportionately represent the
geographical situation of country's population.
Twenty-five percent of its members are elected by special elections
or indirect election from among women, and the scientific and
professional communities, in either states or nationally, as is
determined by law.
If it is not possible to hold elections in any constituency or
specialized electoral college due to serious reasons of national
security, the President of the Republic may appoint a person to
occupy the seat of the member of that constituency or special
electoral college until elections can be held.
Article 68
Conditions of Membership
To be eligible for a seat in the National Assembly an individual
must be:
a Sudanese national;
at least twenty-three years-of-age;
of sound mind; and
not have been convicted of a crime against moral turpitude or
dishonesty during the last seven years.
No one shall be eligible for nomination to the membership of the
National Assembly if he is a member of a State Assembly, a State
Governor, or a member of a State Council of Ministers.
Article 69
Loss of Membership
Membership in the National Assembly may be withdrawn by a decision
of the National Assembly for any of the following reasons:
Permanent physical or mental disease;
Conviction of a crime involving moral turpitude or dishonesty;
Absence from a complete session of the National Assembly without
permission or reasonable cause;
Loss of the post upon which membership depended;
Written resignation announced in the National Assembly;
Death.
When a member's seat is declared vacant another member shall be
elected, depending upon the nature of the seat, within a period of
sixty days.
Article 70
National Assembly
The seat of the National Assembly shall be in Omdurman, but the
Speaker of the National Assembly may convene the national Assembly
at any other location by exception.
Article 71
Oath of Members of the National Assembly
Every Member of the National Assembly shall take the following oath
before the National Assembly before performing his duties as a
Member of the National Assembly: "In the name of Allah (God) the
Almighty, I swear to accept the burden of representing the people as
a Member of the National Assembly in obedience to Allah; performing
my duties diligently, honestly, truthfully and regularly attending
the sessions and deliberations of the National Assembly without any
personal prejudices or fanatical whims, fulfilling the duties
required of members, defending the country's safety and security and
the public interest, and respecting the Constitution, law and
traditional morals (maruf). Allah is the witness of what I say."
Article 72
Duration
The National Assembly's session shall last for a term of four years
from the start of its first session.
Article 73
Powers of the National Assembly
The National Assembly shall represent the popular will in
legislation, planning, supervision of the executive, and social and
national mobilization, in a serious and honesty manner, and without
violating the above, perform the following tasks:
Endorse plans, programmes and policies of the state and society;
Approve constitutional amendments, laws and temporary decrees;
Approve the federal budget, revenues and expenditures;
Approve treaties and international agreements;
Supervise executive performance;
Initiate and participate in political and social mobilization; and
Issue resolutions concerning public affairs.
The National Assembly may in the supervision of the executive
present a recommendation to the President of the Republic for the
removal of any Minister who has lost to confidence of the National
Assembly, if this decision has been taken after a general debate and
the resolution receives the approval of fifty percent of members
present and voting.
Article 74
Immunity of Members of the National Assembly
It is prohibited to institute criminal proceedings against any
member of the National Assembly, unless they are arrested in the
process of committing a criminal act, to arrest him, or to begin and
action against him or his property, without the permission of the
Speaker of the National Assembly.
Article 75
Sessions
The National Assembly shall hold its first session within thirty
days of the elections and in response to a request by the President.
The oldest member present at the opening session shall be the
chairperson of the session.
The National Assembly fixes the beginning and end of each of its
sessions.
The National Assembly may convene an extraordinary session by its
own resolution or pursuant to a request of half its members or
pursuant to an order of the President of the Republic.
Article 76
Leadership of the National Assembly
The National Assembly in its first session shall elect a Speaker
from among its members at its first sitting.
The Speaker of the National Assembly presides over the sessions
ensuring order, supervises its administrative affairs and represents
it in Sudan and abroad.
The Assembly shall its elect leaders, in addition to the Speaker,
including the Deputy Speaker and the chairpersons of deliberations
and Committees.
The Speaker of the National Assembly shall appoint a
General-Secretary who is not a member of the National Assembly. The
Secretary-General shall undertake the preparatory and administrative
affairs of the National Assembly, under the supervision of the
Speaker.
Article 77
National Assembly Committees
The National Assembly shall form from among its members and in
accordance with its Rules and Regulations permanent or ad hoc
committees for the performance of its functions.
Article 78
Regulations
The National Assembly, upon the initiative of the Speaker, shall
issue regulations organizing its work.
Article 79
Quorum, Deliberations and General Affairs
A quorum in the National Assembly is one-third of the members,
unless the National Assembly is considering a legislative proposal
in last reading or unless the Speaker decides that the subject
stipulated in the agenda is so important that the quorum should be
half of the members.
Article 80
Public Sessions
The session of the National Assembly shall be public and its
deliberations and works published, except when the Assembly decides
it is necessary to act otherwise.
Article 81
Decisions
The National Assembly shall strive to adopt all resolutions by
consensus and where consensus is not possible, resolutions shall be
adopted by a majority of those present, unless the Constitution
provides otherwise.
Article 82
Freedom of Expression in the National Assembly
Members of the National Assembly shall express their views freely
taking into account the rules and regulations of the National
Assembly. Members of the National Assembly are immune from
prosecution for any actions or statements made in the National
Assembly.
Article 83
Address by the President of the Republic
The President of the Republic may address the National Assembly in
person or through an intermediary or may seek the view of the
National Assembly on any subject. The National Assembly shall give
priority to such request over all other matters.
A Minister may request the opportunity to address the National
Assembly and the Assembly should grant this request as soon as
possible.
Article 84
Questions and Statements
Any member may address a question to any Federal Minister on any
subject connected to the duties of the National Assembly and the
Minister must reply to this question in accordance with the rules
and regulations of the National Assembly.
The National Assembly or any of its Committees may ask any Federal
Minister to give a statement on any subject concerning the duties of
the Assembly, and the Minister shall give this statement in
accordance with the Rules and Regulations.
Article 85
Questioning a Minister
The National Assembly, in accordance with it regulations, may
question any Minister on any subject concerning the affairs of his
Ministry. An opinion shall be taken concerning the results of the
questioning at the next session, if a motion of "no confidence" is
moved against the Minister. If the motion is adopted this result
shall be communicated to the President of the Republic.
Article 86 Powers to Summons Persons before the National Assembly
and Powers of Investigation
The National Assembly or any of its Committees may call any public
official or any person to address the National Assembly or a
Committee or to give testimony or advice. The National Assembly may
investigate any matter within the direct authority of the Federal
government after notifying the President of the Republic.
Article 87
Proposal of Legislation
The President of the Republic, the Council of Ministers, any
Minister, any Committee of the National Assembly or any Member of
the National Assembly, may initiate a proposal for legislation in
the National Assembly.
In the proposal is made by a member of the National Assembly it
shall not be brought before the National Assembly until it has been
referred to the relevant Committee to determine whether concerns an
important public interest.
Article 88
Procedures for the Introduction and Consideration of Legislative
Proposals
A proposal for legislation shall be presented to the National
Assembly in first reading by its name and it becomes a matter of the
National Assembly. It is then presented for a second reading for
discussion of its objectives and content, and to be approved in
principle. If approved in principle, it shall be presented for a
third reading and deliberated upon in detail and with consideration
of any proposed amendments. And finally, the proposal shall be
presented for a final reading and each article shall be voted on
separately and a vote shall be taken on the whole proposal.
The Speaker of the National Assembly, after the initial presentation
of the proposal, shall refer it to a specialized committee to make a
general report on the proposal and this report shall be presented
during the second reading of the proposal. Before the third reading,
a report shall be presented detailing the amendments passed and
rejected by the Committee for deliberation in detail and approval of
amendments. The Speaker of the National Assembly by refer the bill
to the concerned Committee to submit a report before the final
reading for the purpose of facilitating consideration of each
section of the proposal and the proposal as a whole.
The Speaker of the National Assembly or any concerned Committee may
submit a legislative proposal to any specialized body outside the
National Assembly, including any interested party, to review and
report on the legality and wisdom of the legislation.
The National Assembly may, by special procedural resolution, decide
upon special procedures, or without referring a proposal to a
special committee, decide upon any proposal for legislation
presented to it.
Article 89
Entry into Force of Legislation
No legislation enters into force unless it has been approved by the
National Assembly and signed by the President of the Republic or a
month has passed since the law was forwarded to the President and it
has not been signed or returned to the National Assembly.
If the National Assembly approves a law that is not acceptable to
the President of the Republic, the President may decide to return
the law to the National Assembly with his revisions. The National
Assembly may amend the law in accordance with the President's
revisions and again present the law to the President for his
signature or the National Assembly may fail to take further action
on the proposal.
The National Assembly may approve a law that has been returned to
it, without amending it as requested by the President, by a
two-thirds majority.
Article 90
Provisional Decrees
The President of the Republic, with or without the recommendation of
the Council of Ministers, may issue temporary decrees having the
force of law when that the National Assembly is not in session or in
cases of emergency. A decree so issued shall be presented to the
National Assembly as soon as it reconvenes. If approved by the
National Assembly it becomes a permanent law. If rejected by the
National Assembly it is void without any prejudice to its past
effects. If approved by the National Assembly with amendments, the
amendments will be effective according to article 107(1). The
rejection or amendment of a decree is without prejudice to its past
effects.
The President of the Republic cannot issue a temporary decree in
matters effecting fundamental rights and liberties, state-federal
relations, public elections, criminal laws or fiscal laws.
Any law cancelled or amended by a temporary decree that is not
approved by the National Assembly will resume full effect from the
date on which the temporary decree becomes void.
The National Assembly may delegate the power of approval of
international treaties to the President. This power shall be
exercised by a temporary decree having the force of law and it is
not necessary that it be [immediately] approved by the National
Assembly, but it must be placed before the National Assembly as soon
as it resumes its sessions.
Article 91
Public Budget
The Council of Ministers shall present a draft budget to the
National Assembly before the beginning of the financial year. The
draft budget shall contain a general evaluation of the state of the
economy; detailed estimates concerning the projected revenues and
expenditures for the new financial year with comparisons to the
previous financial year; statements of how the budget shall be
balanced; the amounts of any reserve, transfers or allocations;
special statements of explanation, financial or political
information; and descriptions of measures the State will take in
financial and economic matters.
The Council of Ministers shall present to the National Assembly a
legislative proposal containing the total amount of expenditures,
taxation, fees or other state revenue in an legislative proposal for
an appropriation law; and shall present legislative proposals for
borrowing or investment by the State and the issue of federal bonds.
The National Assembly shall approve the legislative proposal
containing the Public Budget by each chapter and schedule, and vote
on the proposal as a whole. Once the Public Budget has become law it
is unlawful to exceed the expenditures therein, except pursuant to
another law, and it is unlawful for the State to utilize excess
revenues through expenditures or to use the reserves that have been
established by law, except pursuant to another law.
Article 92
Limitation on Private Members Proposals Concerning the Budget
No member of the National Assembly is permitted to present by
personal initiative any legislative proposal that amends fixed rates
of taxation, fees, public revenue, allocations, financial
obligations or public funds, outside the deliberations on the
federal budget unless the proposed legislation is restricted to fees
on services, fees on financial transactions, fines or fiscal
penalties.
Article 93
Additional and Provisional Financial Measures
Notwithstanding article 90(2), the President of the Republic acting
upon a resolution of the Council of Ministers and if the public
interest demands, may issue a provisional decree having the effect
of law and imposing a tax, fee or amendment to the budget until a
proposal for legislation can be presented to the National Assembly.
If the legislative proposal is adopted or rejected, this provisional
decree shall lapse without retroactive effect.
If the legislative proposal containing the federal budget is delayed
for any reasons the previous year's budget shall remain in effect
with expenditures remaining fixed at the rate of the previous year
as if the previous year's budget had been enacted by law in the
current financial year and it remains in effect until a new budget
is approved by law.
In extraordinary circumstances or in circumstances when the public
interest demands, the Council of Ministers may present an additional
budget proposal, request additional credit or use reserve funds.
Such legislative proposals shall be in accordance with the rules and
regulations for the federal budget and with existing law.
Article 94
Final Accounts
The Council of Ministers shall present to the National Assembly,
within six months of the end of the financial year, a full and final
account for that year stating the revenues, expenditures, and amount
drawn on reserves. The Auditor General shall present his report on
the accounting to the National Assembly.
Article 95
Delegation of Powers of Subsidiary Legislation
The National Assembly may delegate the authority to issue any rules,
regulations, orders or other subsidiary measures having the effect
of law to the President, the Council of Ministers or any other
public authority. Such legislation shall be presented to the
National Assembly and subject to its approval or amendment by
resolution of the National Assembly taken in accordance with its
rules regulations.
Article 96
Authority of Acts of the National Assembly
No court or other authority shall interfere with the functioning of
the National Assembly or pass judgment on any law or resolution
passed by the National Assembly. Questions of procedural shall be
decided by a certificate of the National Assembly signed by the
Speaker of the National Assembly.
Chapter Three
State Legislatures
Article 97
State Assembly
A State Assembly shall be established in every state with the
legislative authority of that state and any other powers as provided
by the Constitution.
Article 98
Powers of State Assemblies
Each State Council shall have the same powers as the National
Assembly taking into account that the character of State Assembly as
an organ of a states, that the State Governor shall replace the
President, and that the Federal Ministers shall replace State
Ministers in respect of their authority:
Establishment of the State Assembly (article 67).
Conditions of Membership (article 68(1)), however, a member of the
National Assembly or of another State Assembly or a Federal Minister
sall not be eligible for nomination to the membership of the State
Assembly.
Lapse of Membership (article 69(1) and (2)).
Seat of the Assembly (article 20), taking into account that the seat
shall be the capital of the respective state.
Oaths.
Functions of the Assembly (article 73) except constitutional
amendments and the ratification of international agreements and
treaties.
Terms of Office (article 72).
Immunities of Members (article 74).
Duration of Sessions (article 75).
Leadership (article 76).
Committees (article 77)
Rules and Regulations (article 78).
Quorums (article 79).
Publicity of Sittings (article 80).
Resolutions (article 81).
Freedom of Expression in the Assembly (article 82).
Addressing the Assembly (article 83).
Questions and Statements (article 84).
Questioning of Ministers (article 85).
Summons and Investigations (article 86).
Initiation of Legislation (article 87).
Procedures for Presenting Legislative Proposals (article 88).
Entry into Force of Laws (article 89).
Provisional Decrees (article 90).
Legislative Proposals for the Public Budget (article 91).
Special Finance Bills (article 92).
Provisional and Supplementary Regulations (article 93).
Final Accounts (article 94).
Delegation of Authority to Promulgate Subsidiary Legislation
(article 95).
Authority of Legislative Acts (articles 96).
Part V Judicial System
Chapter One
The Judiciary
Article 99
Judicial Responsibility
The judiciary in the Republic of Sudan shall be vested in an
independent body called the Judicial Authority. The Judicial
Authority shall undertake the administration of justice through the
adjudication of disputes and the giving of judgments in accordance
with the Constitution and law.
Article 100
Responsibility of the Judicial Authority
The Judicial Authority is responsible for the execution of its
duties to the President of the Republic.
Article 101
Independence of Judges
Judges are independent in the performance of their duties and have
full judicial authority in their jurisdiction. They may not be
influenced in their functioning directly or indirectly.
A judge is guided by the rule of the Constitution and law and it
shall be his duty to protect these principles by distributing
justice without fear or favour.
The state shall abide by and implement decisions of the Judicial
Authorities.
Article 102
Administration of the Judicial Authority
The Judicial Authority shall have a Chief Justice who shall be the
President of the highest federal court and the Supreme Judicial
Council. The Chief Justice shall be responsible before the Supreme
Judicial Council for the administration of the Judicial Authority.
The Judicial Authority shall have a council called the Supreme
Judicial Council and its composition and powers shall be determined
by law. It shall be responsible for the planning of and the general
supervision of the Judicial Authority, presenting recommendations to
the President of the Republic on the appointment, promotion and
termination of judges, presenting recommendations on the budget of
the Judicial Authority and giving opinions on legislation concerning
the Judicial Authority.
Article 103
Organization of the Judiciary
The Judiciary shall consist of the High Court, Court of Appeals and
courts of first instance. The law shall organize and division of
jurisdiction among these courts and any other matters concerning
them.
Article 104 Appointment of Judges and Terms of Service
The President of the Republic shall appoint the Chief Justice and
his deputies according to the law.
The President of the Republic shall appoint all other judges on the
recommendation of the Supreme Judicial Council.
The law shall stipulate the number of judges, their conditions of
service, rules and regulations of discipline and their immunities.
No judge shall be dismissed except after a disciplinary process and
a recommendation from the Supreme Judicial Council.
Article 105
The Constitutional Court
There shall be established an independent constitutional court,
Chief Justice of the Constitutional Court and the members of the
Court are appointed by the President of the Republic, with the
approval of the National Assembly, from among eminent jurists with
substantial experience.
The Constitutional Court is the guard of the Constitution. Its
jurisdiction is to review and rule in any matter concerning the
explanation or execution of the Constitution and it has the
following jurisdiction:
to interpret the Constitution and other legal texts presented to
them by the President of the Republic, the National Assembly or half
of the State Governors or State Assemblies,
to decide upon claims by aggrieved persons for the protection of
liberties and rights which are guaranteed by the Constitution,
to decide upon claims concerning conflicts between state and federal
authorities over their powers,
to decide on any other matters that the Constitution or the law
brings within its jurisdiction.
The law will determine the number of judges of the court, their
remuneration and the court procedures.
Article 106
Public Legal Advisors and Attorneys
Legal advisors in public service, including those in the Attorney
General's Chambers shall promote the values of fairness and justice,
protect public and private property, provide legal opinions and
services to the state or its citizens, and perform their duties
honestly and with dedication to, and in accordance with, the
Constitution and law.
Article 107
The Legal Profession
The legal profession shall promote the values of fairness and
justice, reconciliation between disputing parties, strive to ensure
justice, reframe from wrongdoing, and provide legal assistance to
those in need in accordance with the Constitution and law.
The rules and regulations of the profession shall be established by
law.
Part VI
The Federal System
Chapter One
The States
Article 108
States
The Republic of Sudan shall be divided into states and each state
shall have a capital as follows:
Upper Nile State with the capital at Malakal.
Red Sea State with its capital at Port Sudan.
Bahr El Jebel State with its capital at Juba.
Gezira State with its capital at Madani.
Jungoli State with its capital at Boar.
Southern Darfur State with its capital at Nyala.
Southern Kordofan State with its capital at Kadogli.
Khartoum State with its capital at Khartoum.
Sinnar State with its capital at Sinja.
Eastern Equatoria State with its capital at Kapoyta.
North Bahr El Ghazal State with its capital at Aweel.
Northern Darfur State with its capital at Al Fashir.
North Kordofan State with its capital at El Obeid.
Western Equatoria State with its capital at Yambio.
Alshimaliya State with its capital at Dongola.
Western Bahr El Ghazal with its capital at Wau.
Western Darfur with its capital Aljinaina.
Western Kordofan with its capital Al Fula.
Gaddarif State with its capital Gaddarif.
Kassala State with its capital Kassala.
Nahr Al Nile State with its capital at Damer.
White Nile State with its capital at Rabak.
Blue Nile State with its capital at Damazin.
Warap State with its capital Warab.
Unity State with its capital at Bantio.
Article 109
State Boundaries
The boundaries of the state shall be those existing on the day the
Constitution comes into force, boundaries between states may be
amended by law passed by the National Assembly and signed by the
President of the Republic after hearing the views of the respective
Governor or State Assembly.
Chapter Two
Division of Powers
Article 110
Federal Powers
The federal authorities shall exercise the following powers:
Defense, control of the armed forces, the federal police, the
national security, and the popular defense forces.
Control over Sudan's international boundaries and the decisions in
resolution of conflicts over state boundaries.
Nationality, passport, immigration and aliens' affairs.
Foreign relations.
The organization of public elections of constitutional institutions,
including federal, state and local institutions.
The Judiciary, the Attorney-General's Office and the legal
profession.
The general professions according to federal law.
Currency, monetary, financial, credit and investment policies.
Measurements, weights, calendars and time.
Federal taxation, customs and fees.
Foreign trade.
Public projects, corporations and companies.
Land, natural resources, and underground mineral resources.
Waterways.
National electricity.
Federal aviation, highways, sea transport, inter-state commerce and
communications.
Epidemics and public calamities.
Antiquities and archaeological sites.
Article 111
State Powers
The States shall exercise jurisdiction within their boundaries over
the following matters by planning, legislation and administration:
Administration of the State and its proper functioning, including
the promotion of the public interest, public security and public
order.
State taxation and fees.
State trade, supply, cooperation and industry.
State land and the State's natural and animals.
Utilize state water and electric power.
Maintain roads, transport and communication.
Missionary teaching or other non-profit activities that benefit the
community.
Registration of births, death and marriages.
Questions of law that are particular to the state, including custom
and its codification.
Article 112
Concurrent Powers
The federal government shall exercise its power over the whole of
the Sudan, and the states' governments shall exercise the powers
granted them by federal law, and both shall exercise power over:
Civil Service.
Public Legal Advisors and Attorneys.
Organizing Interstate Information, Culture and Publishing.
Local Government.
Media, Culture and Publication.
Education and Scientific Research.
Health.
Social Welfare.
Economic Policies.
Cooperation.
Industry.
Quarries.
Border Trade.
Urban Planning and Population Policy.
Surveys
Censuses.
Environment.
Tourism.
Meteorology.
Councils shall be established by state and federal law to divide,
plan and maintain inter-state forests.
Any powers not allocated to the federal or state authorities shall
be their common responsibility.
Chapter Three
Division of Financial Resources
Article 113
Federal Financial Resources
Federal revenues are as follows:
Customs duties, and sea and air port revenues.
Taxes on companies' profits, personal income tax, and stamp duties
on documents concerning federal and interstate procedures.
Profits from national projects, provided that a percentage thereof
shall be allocated to the state(s) involved.
Taxes on the products of federal industries
Taxes collected from Sudanese working abroad, corporate taxes and
taxes on foreign activities.
Taxes or fees not effecting the resources of states or local
communities.
Donations, loans or financial facilities.
Article 114
State Financial Resources
The states shall have the following revenues:
A share of taxes on business profits, as determined by law, which
must be allocated to the Local Councils.
A share of taxes on state industrial production.
Revenue from state licenses.
State taxes and duties.
Profits from state projects.
Donations, loans and credit facilities.
Article 115
Local Councils Financial Resources
The Local Councils shall have the following revenues:
Real Estate taxes.
Sales taxes.
Agriculture and animal production taxes, with the percentage
determined by federal law being allocated to the state.
Fees for local land and water transport.
Excise duties form local industrial and handcraft production.
Any other revenue generated locally.
Chapter IV
Federal Relations and the Federal Government Authority
Article 116
Federal Government Authority
A Federal Government Authority shall be formed under the supervision
of the President of the Republic with the responsibility for
coordination, communication and supervision of relations between the
state governments and the federal government, including the
relations between the State Governors and the President of the
Republic and other organs of federal government.
A fund shall be established, under the supervision of the Federal
Government Authority, to which the federal government and able state
governments shall contribute to assist needy states as determined by
criteria fairness, taking into account the number of population and
the level of development and in accordance with law.
Article 117
Limits on State Authority
No State shall exercise authority over any of the following without
the permission of the federal government:
Federal constitutional institutions and their personnel.
Federal ministries, administrators, corporations, commissions,
public companies or federal projects and their employees.
Federal land, properties and utilities.
Article 118
Prohibition of Interference with Interstate Commerce
States may not take measures that may interfere with the interstate
transportation or movement of persons, goods, communications
services, or impose any tariff on them but by permission of the
federal government.
Article 119
Requests for Information from States
The states shall provide the federal government with statements and
information when requested for enabling the setting of federal
policies and planning.
Article 120
Requests to Defer Legislation
The National Assembly or any State Assemblies may each request a
legislative authority to defer adoption of any legislative proposal
until the requesting body has given its opinion on the legislative
proposal, if the legislation would have a national impact or a
special effect on the requesting State.
Article 121
Exchange of Legislative Proposals
The National Assembly and State Assemblies shall provide copies of
all legislative proposal to each other.
Article 122
Peoples' Armed Forces
The Peoples' Armed Forces are a national, military armed force. Its
duty is to defend the country, preserve safety, participate in
development and in guarding the national interest and cultural, and
the constitutional order.
The organization of the Peoples' Armed Forces and reserve forces,
including conditions of service and emolument of members shall be
determined by law.
The organization, constitution, jurisdiction, powers and procedures
of military courts and military legal services shall be established
by law.
Article 123
Police
1. The Police shall be a national force severing the country and its
people by combating crime, protecting property, assisting in times
of natural disaster, and maintaining public morals and public order.
2. The Police shall be organized nationally by the federal
government, and the federal government shall be responsible for
their planning, preparation, and training and their supervision.
Each state shall supervise the Police belonging to the state. In
cases of national emergency, the federal government shall be
responsible for all the police forces.
3. The organization, jurisdiction, conditions of service and the
relations between the federal and state police shall be determined
by law.
Article 124
Security Forces
The Security Forces are regular national forces. The main function
of the Security Forces is to main peace in Sudan, both internally
and externally; to monitor situations of potential danger to the
security of Sudan and other relevant situations; to evaluate the
significance of dangers to the peace of Sudan; and to recommend
measures that are necessary to protect Sudan against such dangers.
The law determines the rights, responsibilities, conditions of
service and establishment of the Security Forces.
Article 125
Popular Defense Force
The Republic of Sudan may establish a volunteer Popular Defense
Force from among the Sudanese people for national defense, to
maintain national security, or to assist any regular forces. The
Popular Defense Force shall be under the command of the National
Armed Forces or the Police and shall promote defense, security and
other general purposes.
The law shall determine organization, duties and supervision over
the Popular Defense Forces.
Chapter Five
Civil Service
Article 126
Civil Service
The civil service consists of all government employees and is
responsible for the administration for the country.
The civil service shall be open to all based on qualifications
relevant to the function, and based on proportionate national
representation.
The rights and responsibilities of civil servants and their
conditions of service shall be determined by law.
Article 127
Civil Service Complaints Chamber
Civil Service Complaints Chambers shall be established by federal or
state law to address the grievances of civil servants. The functions
of the Chambers shall be determined by law. The Chambers shall
responsible to the President of the Republic or the governor of the
state, depending on whether they are state or federal.
The President of the federal Chamber is appointed by the President
of the Republic and by the State Governor in the state chambers, and
the President of the Republic and the State Governors shall
supervise the respective Chambers.
Decisions of a Civil Service Complaints Chamber shall be final and
binding and not subject to review by any Court.
Chapter Three
Election Commission
Article 128
Election Commission
An Election Commission shall be established as an independent
authority. The President of the Republic of Sudan, with the
agreement of the National Assembly, shall appoint the president and
members who will serve on the Electoral Commission based organizing
a referendum. The President and members shall be individuals of high
moral standing, qualifications and impartiality and they shall be
responsible to the President of the Republic and the National
Assembly.
The functions of the Election Commission shall be:
To prepare and check the election register annually.
To organize federal, state and local elections according to law.
To organize general referendums in accordance with the Constitution.
To undertake any other tasks determined by law or ordered by the
President of the Republic.
The powers, procedures and conditions of service of members of the
Election Commission shall determined by law.
The law shall determine the rules and procedures governing elections
and the electoral register.
Chapter Four
The Auditor General
Article 129
Office of the Auditor General
The Office of Auditor General shall be created as an independent
body. The Auditor General and the other members are named by the
President of the Republic with the approval of the National
Assembly. The Board of Directors of the Office of the Auditor
General is responsible to the President of the Republic and the
National Assembly.
The Office of the Auditor General audits all the accounts of the
federal government, the National Assembly, the Judicial Authority,
and all public institutions, corporations and public companies.
The President of the Republic may order the Auditor General to audit
the accounts of any federal or state government institution or any
other public or private body.
The powers, procedures and conditions of service of the members of
the Office of Auditor General shall be determined by law.
Chapter Five
The National Ombudsman
Article 130
The Ombudsman
The Office of the Ombudsman shall be established. The President of
the Republic, with the agreement of the National Assembly, shall
appoint the members of the Office of the National Ombudsman from
among person of high integrity and honour. The Ombudsman and other
members of his office are responsible to the President and the
National Assembly.
Without prejudice to the functioning of the Judicial Authority, the
Office of the Ombudsman shall act to ensure address grievances,
promote administrative efficiency and fairness, supervise the
implementation of administrative decisions, and ensure justice is
done after the decisions of the Judicial Authority. The Ombudsman
shall strive to ensure justice within all levels of public
administration in Sudan, act against injustice in state or federal
administrative decisions or in the final judgments of the Judicial
Authority or any other state institution. The Ombudsman shall act in
an efficient, fair and justice manner.
The Ombudsman shall cooperate with other national institutions and
provide reports and advise to the President, the National Assembly,
or other public institutions.
The powers, procedures and conditions of service of members of the
Office of the Ombudsman shall be determined by law. An Ombudsman
shall be established in each state by law and shall function in
accordance with state law.
Section One
State of Emergency
Article 131
Declaration of a State of Emergency
Whenever there is a event that poses a threat to the state or any
part of it, whether by war, invasion, siege, catastrophe or
epidemic, or any other event threatening the public safety or the
economy, the President of the Republic may declare a state of
emergency throughout the country or in any part of it in accordance
with the Constitution and the law.
A declaration of a state of emergency shall be presented to the
National Assembly within fifteen days of its date of issue and if
the National Assembly is not in session it shall be called for an
extraordinary session to consider the declaration.
If the National Assembly approves the declaration of the state of
emergency any law or exceptional order constituting a part of the
declaration shall remain in force.
Article 132
Exceptional Powers of the President of the Republic
The President of the Republic may take any of the following measures
by law or exceptional order, during a state of emergency:
Suspend some or all of the provisions in the Chapter on individual
rights and liberties, except the following: the prohibition of
torture, the prohibition of slavery, the prohibition of
discrimination based on race, sex or religion, freedom of thought,
the right of access to a court, the presumption of innocence, or the
right to defense.
Suspend the laws or powers of states according to the Constitution
and vest in himself the powers and authorities provided for by these
laws and the practice of these powers or decide the manner in which
the affairs of a concerned state shall be administered.
Issue any measures, which shall have the force of law, that is
necessary to deal with the state of emergency.
Article 133
Prerogatives of the National Assembly
The National Assembly may agree to extend a state of emergency.
The President of the Republic shall submit all exceptional measures
taken during a state of emergency to the National Assembly. The
National Assembly that may amend, approve or cancel them.
Article 134
Expiry of the State of Emergency
A declaration of state of emergency shall expire in any of the
following cases:
Thirty days from the date of issue if not approved by the National
Assembly.
At the end of a period of time decided upon by the National
Assembly.
By the issuance of the another declaration by the President of the
Republic or a resolution by the National Assembly lifting the state
of emergency.
Chapter Three
Declaration of War
Article 135
Declaration of War
The President of the Republic shall the authority to declare war
when he decides that the country is threatened by external
aggression and this declaration has legal force when it is approved
by the National Assembly.
The President of the Republic has the authority to dispatch the
regular armed forces to any foreign country when he has decided that
such deployment is in the interest of the country or necessary to a
national interest.
Part IX
Transitional and General Articles
Article 136
Rules Governing Constitutional Authorities
This law governs the salaries, emoluments, privileges and
remuneration of the President of the Republic, the Vice-Presidents,
all presidential advisors, the Speaker of the National Assembly,
members of the National Assembly, State Governors, all federal and
state government ministers and advisors, members of State
Assemblies, and other holders of posts created by the constitution.
Article 137
Repeal and Savings
On the day that the Constitution enters into force all
Constitutional Decrees shall be repealed.
Notwithstanding this article, Constitutional Decree Number 14
(Implementation of the Peace Agreement of 21 April 1997) shall
continue in force until the end of the transitional period
stipulated therein.
Article 138
Entry Into Force of Constitutional Obligations
The Constitution enters into force after the people of the Republic
of Sudan approve it through a referendum on the date that the
President of the Republic signs it.
Article 139
Amendment of the Constitution
The President of the Republic of Sudan or one-third of the members
of the National Assembly or State Councils shall have the right to
propose amendments to the Constitution.
An amendment must be approved by a two-thirds majority of the
members of the National Assembly.
An amendment as stipulated in paragraph 2 will not enter into force
if it amends the procedural rules or is contrary to the basic
principles set out below unless it has been approved by a majority
of the people of Sudan in a referendum held in accordance with the
procedures stipulated by the Electoral Commission and the amendment
is signed by the President of the Republic after it has been
approved by the referendum. The principles are:
Sharia, then consensus of the people expressed through a referendum,
the Constitution and custom are the sources of law.
All individuals have freedom of conscience and religion and all
citizens have the freedom of expression and to organize political
succession in accordance with the Constitution;
Sudan is governed by a federal unitary government and the authority
and financial resources are apportioned between the federal
government and the states. The states have the independence to use
their financial resources in accordance with the Constitution.
Sudan has a Presidential system of government, whereby the President
is elected to represent and lead the country, is the head of the
executive, and shares in the lawmaking authority.
The legislative authority is vested in an elected National Assembly
or State Assemblies in their respective competencies, and which the
President of the Republic and the State Governors shall participate,
respectively, in their respective areas of competence and through
general referendums held in accordance with the Constitution or law.
The judiciary functions with independence to resolve disputes and it
is may decide upon disputes concerning the constitutionality of laws
that effect the balance of powers between state and federal
government or the basic rights and freedoms of individuals.
South Sudan is governed by a transitional government that shall
strive towards union and coordinate the exercise and termination of
the right to self-determination.
Article 140
Continuity of Constitutional Offices and Institutions
The President of the Republic shall continue in office to fulfil all
his responsibilities and with all his authority at the time of the
entry into force of this Constitution. His term shall terminate
within a period of five years at which time a new President shall be
sworn in accordance with the provisions of the Constitution.
The National Assembly shall continue to fulfill its responsibilities
and retain its authority until the termination of its present term
of four years and thereafter it shall be replaced by a new National
Assembly in accordance with the provisions of the Constitution.
The State Governors shall continue in office to fulfil all their
responsibilities and with all their authority for the term of four
years after which new governors shall be elected in accordance with
the provisions of the Constitution.
All the State Assemblies shall continue to fulfill their
responsibilities and retain their authority until the termination of
their present terms or until the President so decides, thereafter
they shall be replaced by new State Assemblies in accordance with
the provisions of the Constitution.
All constitutional organizations shall continue to fulfill their
responsibilities and retain their authority, as shall all other
government officials who hold positions in these bodies, until
action is taken in accordance with the Constitution.
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