.
Composition of the Presidency
51 )1) The Presidency of the Republic shall consist of the
President of the Republic and two Vice Presidents.
(2) There shall be partnership and collegial decision-making within the Presidency in order to safeguard stability in the country and implement the Comprehensive Peace Agreement.
The President of The Republic
52 There shall be a President for the Republic of the Sudan to be directly elected by the people in national elections according to the law and the regulations set by the National Elections Commission.
Eligibility for the President of the Republic
53 A candidate for the office of the President of the Republic shall:-
)a) be a Sudanese by birth,
)b) be of sound mind,
)c) be at least forty years of age,
)d) be literate ,
)e) not have been convicted of an offence involving honesty or moral turpitude.
Nomination and Election of the President of the Republic
54 (1) Any eligible voter may nominate whoever he/she deems fit for the office of the President of the Republic; however, the Presidential candidate shall be seconded by a number of eligible voters as specified by law.
(2) The Presidential candidate who wins more than fifty percent of the total votes of the polling electorate shall be the President elect.
(3) Where the percentage mentioned in sub-Article (2) above is not attained, there shall be a run-off election between the two presidential candidates who have obtained the highest number of votes.
Postponement of Elections of the President
55 (1) Where election of the President of the Republic is not possible for any reason, as shall be decided by the National Elections Commission according to the election law, the National Elections Commission shall fix a new date for the elections as soon as practicable, but not later than sixty days from the scheduled election date.
(2) Pending the holding of the postponed elections, the incumbent President of the Republic shall continue as a caretaker President; and his tenure shall be extended until the President elect takes the oath of office.
Oath of the President
56 To assume office, the President of the Republic elect shall take the following oath before the National Legislature:-
“ I……….………….swear by Almighty God, that as the President of the Republic of the Sudan, I shall be faithful and bear true allegiance to the Republic of the Sudan and shall diligently and honestly discharge my duties and responsibilities in a consultative manner to foster the welfare and development of the nation; that I shall obey, preserve and defend the Constitution and abide by the laws of the Republic; and shall protect the sovereignty of the country, promote its unity, consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of the Sudan; and God is my witness ”.
Tenure of Office of the President of the Republic
57 The tenure of office of the President of the Republic shall be five years, commencing from the date of assumption of office, and the same President may be re-elected for one more term only.
Functions of the President of the Republic
58 (1) The President of the Republic is the Head of the State and Government and represents the will of the people and the authority of the State; he/she shall exercise the powers vested in him/her by this Constitution and the Comprehensive Peace Agreement and shall, without prejudice to the generality of the foregoing, perform the following functions:-
(a) preserve the security of the country and protect its integrity,
(b) supervise the executive constitutional institutions and provide exemplary leadership in public affairs,
(c) appoint holders of constitutional and judicial posts in accordance with the provisions of this Constitution and the law,
(d) preside over the National Council of Ministers,
(e) summon, adjourn or prorogue the National Legislature,
(f) declare war in accordance with this Constitution and the law,
(g) declare and terminate the state of emergency in accordance with the provisions of this Constitution and the law,
(h) initiate constitutional amendments and legislations and assent to laws,
(i) approve death sentences, grant pardon, lift convictions and remit penalties according to this Constitution and the national law,
(j) represent the State in its foreign relations, appoint ambassadors of the State and accept credentials of foreign ambassadors,
(k) direct and supervise the foreign policy of the State and ratify treaties and international agreements with the approval of the National Legislature,
(l) seek the opinion of the Constitutional Court on any matter in connection with the Constitution,
(m) any other functions as may be prescribed by this Constitution or the law.
(2) Notwithstanding sub-Article (1) above, the President of the Republic shall, in respect of the following matters, take decisions with the consent of the First Vice President:-
(a) declaration and termination of a state of emergency,
(b) declaration of war,
(c) appointments that the President of the Republic is required to make according to Appendix B1 of the Comprehensive Peace Agreement,
(d) summoning, adjourning or proroguing the National Legislature.
Vacancy of the Office of the President of the Republic
59 The Office of the President of the Republic shall fall vacant in any of the following cases:-
(a) expiry of his/her tenure of office,
(b) death,
(c) mental infirmity or physical incapacity as determined by a resolution of the National Legislature adopted by a three-quarters majority of all members,
(d) impeachment in accordance with the provisions of this Constitution,
(e) submission of his/her resignation to the National Legislature.
Immunity and Impeachment of the President and the First Vice President
60 (1) The President of the Republic and the First Vice President shall be immune from any legal proceedings and shall not be charged or sued in any court of law during their tenure of office.
(2) Notwithstanding sub-Article (1) above, and in case of high treason, gross violation of this Constitution or gross misconduct in relation to State affairs, the President or the First Vice President may be charged before the Constitutional Court upon a resolution passed by three quarters of all members of the National Legislature.
(3) In the event of conviction of the President of the Republic or the First Vice President, in accordance with sub-Article (2) above, he/she shall be deemed to have forfeited his/her office.
Contesting Acts of the President or the Presidency
61 Any person aggrieved by an act of the President of the Republic or the Presidency may contest such act:-
(a) before the Constitutional Court, if the alleged act involves a violation of this Constitution, the Bill of Rights, the decentralized system of government, or the Comprehensive Peace Agreement,
(b) before a competent court of law, if the allegation is based on other legal grounds.
The two Vice Presidents, Assistants and Advisors
62 (1) The elected President of the Republic shall appoint two Vice Presidents, one from Southern Sudan and the other from Northern Sudan. If the elected President is from the North, the position of the First Vice President shall be filled by the person who has been elected to the post of President of Government of Southern Sudan, as the President's appointee to the said position. In the event that a person from the South wins the Presidential elections, the elected President shall appoint the First Vice President from the North upon the recommendation of the party that won the highest number of northern seats in the National Assembly.
(2) The two Vice Presidents shall satisfy the same conditions required for the office of the President of the Republic.
(3) The President of the Republic may appoint assistants and advisors and define their functions and seniorities.
(4) To assume their respective offices, the two Vice Presidents, assistants and advisors shall take before the President of the Republic the same oath taken by the President.
Functions of the two Vice Presidents
63 (1) The First Vice President shall have the following functions:-
(a) act in the absence of the President of the Republic in accordance with the provisions of this Constitution,
(b) membership of the National Council of Ministers,
(c) membership of the National Security Council,
(d) membership of the Presidential Council in the pre-election period,
(e) chairmanship of the Presidential Council in the post election period in the event of the office of the President falling vacant,
(f) any other function or duty that may be assigned to him/her by the President of the Republic.
(2) The Vice President shall have the following functions:-
(a) act in the absence of the President of the Republic and the First Vice President in accordance with the provisions of this Constitution,
(b) membership of the National Council of Ministers,
(c) membership of the Presidential Council and Commander-in-Chief of Sudan Armed Forces should the office of the President of the Republic fall vacant according to Articles 65 and 66 herein,
(d) membership of the National Security Council,
(e) any other function or duty that may be assigned to him/her by the President taking into account the hierarchy within the Presidency.
Vacancy of the Office of the First Vice President
64. Should the office of the First Vice President fall vacant, the President of the Republic shall appoint a new First Vice President in accordance with this Constitution. |
