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We the people of the Sudan
Grateful to Almighty God who has bestowed upon us the wisdom and
will to reach a Comprehensive Peace Agreement that has definitively
put an end to the longest running conflict in Africa,
Having survived the tragic consequences that have characterized that debilitating conflict,
Mindful of religious, racial, ethnic and cultural diversity in the Sudan,
Committed to establish a decentralized multi-party democratic system
of governance in which power shall be peacefully transferred and to
uphold values of justice, equality, human dignity and equal rights and
duties of men and women,
Further committed to gearing governance, in the coming phase of our
political advancement, towards the enhancement of economic
development, promotion of social harmony, deepening of religious
tolerance and building trust and confidence in the society generally,
Committed to the Comprehensive Peace Agreement of January 2005,
guided by the 1998 Constitution and the Sudanese constitutional
experience since independence and other relevant experiences,
Cognizant of conferences and the initiative of inclusive popular
dialogue and agreements of peace and national reconciliation,
particularly the Cairo Agreement signed in June 2005, and prospects
of other peace agreements to end conflicts in the country,
Do hereby adopt this Constitution as the supreme law by which the Republic of the Sudan shall be governed during the Interim Period;
and we undertake to respect and protect it. |
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Nature of the State
1. The State of Sudan is an embracing homeland, wherein races and
cultures coalesce and religions conciliate. Islam is the religion of the
majority of the population. Christianity and customary creeds have considerable
followers.
Decentralized authority of the State
2. The Sudan is a federal republic, the supreme authority thereof
is based on the federal system drawn by the Constitution as a national
centre and States, and administered at the base by local government in
accordance with the law, to ensure popular participation, consultation
and mobilization, and to provide justice in the distribution of power
and wealth.
Language
3. Arabic is the official language in the Republic of the Sudan ;
and the State shall allow the development of other local and international
languages.
Supremacy and sovereignty
4. Supremacy in the State is to God the creator of human beings,
and sovereignty is to the vicegerent people of the Sudan who practice
it as worship of God, bearing the trust, building up the country and spreading
justice, freedom and public consultation. The Constitution and the law
shall regulate the same.
Flag, emblem, medals and national festivals
5. The law shall specify the flag, the emblem, medals and national
festivals of the State.
National unity
6. The country is united by the spirit of allegiance, in conciliation
between all the people, and co-operation for the distribution of national
power and wealth in justice and without grievance. The State and the society
shall strive to entrench the spirit of conciliation and national unity
between all the Sudanese for aversion of religious partisan, and sectarian
fanaticism, and eradication of racism.
Defence of the country
7. Defence of the country is an honour and strife for its cause is
a duty. The State shall attend to the regular and popular forces defending
the security and integrity of the country, care for the combatants afflicted
in war and the families of martyrs.
National economy
8. The State shall promote the development of national economy and
guide it by planning on the basis of work, production and free market,
in a manner fending off monopoly, usury and fraud, and strive for national
self-sufficiency for the achievement of affluence and bounty and endeavour
towards justice among states and regions.
Natural wealth
9. Natural resources under or on the surface of the earth and in
the territorial waters is public property regulated by law ; and the State
shall provide plans and appropriate conditions for the development of
the financial and human resources necessary for utilizing such wealth.
Zakat and fiscal levies
10. Zakat is a financial duty, levied by the State, 1and the law
shall regulate the manner of collection, expenditure and management thereof.
Trusts, charities and self-aid are voluntary resources encouraged by the
State and regulated by law, which as well regulates in a fair manner taxes,
fees and other levies.
Social justice and mutual aid
11. The State shall give due regard to social justice and mutual
aid in order to build the basic components of the society, to provide
the highest standard of good living for every citizen, and to distribute
national income in a just manner to prevent serious disparity in incomes,
civil strife, exploitation of the enfeebled and to care for the aged and
disabled.
Sciences, art and culture
12. The State shall enlist official capabilities and mobilize popular
forces for the purpose of eradicating illiteracy and ignorance and intensifying
the systems of education, shall strive to encourage sciences, scientific
research and experimentation and facilitate acquiring the same, and shall
as well strive to encourage all form of art and strenuously seek to elevate
society towards values of religiousness, piety and good deeds.
Public health, sports and environment
13. The State shall promote public health, encourage sports and protect
the environment, in its purity and natural balance in pursuance of safety
and sustainable development for the benefit of generations.
Children and youth
14. The State shall care for children and youth and protect them
against exploitation and physical and spiritual neglect, and shall direct
policies of education, moral care, national guidance and spiritual cleansing
to grow a good generation.
Family and women
15. The State shall care for the institution of the family, facilitate
marriage and adopt policies to purvey progeny, child upbringing, pregnant
women and mothers . The State shall emancipate women from injustice in
all aspects and pursuits of life and encourage the role thereof in family
and public life.
Morals and unity of the society
16. The State shall endeavour by law and directive policies to purge
society from corruption, crime, delinquency, liquor among Muslims, and
to promote the society as a whole towards good norms, noble customs and
vertious morals, and towards such as may encourage the individual to actively
and effectively participate in the life of society and guide the same
towards rallying those around him for good collective gain, solidarity
and fraternity by the firm divine cord in a way that preserves unity of
the country, stability of governance and progress towards civilized renaissance
and higher ideals.
Foreign policy
17. The foreign policy of the Republic of the Sudan shall be conducted
in dignity, independence, openness and interaction for the purpose of
delivering the message of sublime principles, and achieving the higher
interests of the country and humanity at large. That is by striving in
particular to consolidate International peace and security, promoting
measures for peaceful settlement of international disputes, and encouraging
co-operation in all the fields of life with all States. And that is by
observing the right of neighbourhood, non- intervening by aggression in
the internal affairs of others ; respecting fundamental rights, freedoms
and ideal religious duties and virtues towards mankind, sustaining dialogue
of doctrines and civilizations, exchanging benefits, and establishing
the international systems on the basis of justice, decisive consultation,
rightness and human unitarity.
Religiousness
18. Those in service in the State and public life shall envisage
the dedication thereof for the worship of God, wherein muslims stick to
the scripture and tradition, and all shall maintain religious motivation
and give due regard to such spirit in plans, laws, policies and official
business in the political economic, social and cultural fields in order
to prompt public life towards its objectives, and adjust them towards
justice and up-rightness to be directed towards the grace of God in The
Hereafter.
Observance of directive principles
19. The directive principles are general objectives which State organs
and employees seek and are means that are guided by. They are not defined
rules controlled by constitutional adjudication ; however, they are principles
that the executive organ is guided by in its projects and are observed
by the legislative organ in laws, recommendations and control measures,
and for which, would aim all who are in the service of the State. |
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Freedom and sanctity of life
20. Every human being shall have the right to life, freedom, safety
of person and dignity of honour save by right in accordance with the law;
and he is free of subjection to slavery, forced labour, humiliation or
torture.
Right to equality
21. All people are equal before the courts of law. Sudanese areand
duties as regards to functions of public life ; and there shall be no
discrimination only by reason of race, sex or religious creed . They are
equal in eligibility for public posts and offices not being discriminated
on the basis of wealth.
Sanctity of nationality
22. Every person born to a Sudanese mother or father shall have a
non-alienable right to enjoy the country's nationality and its rights
and bear its obligations. Whoever is brought up or is resident; in the
Sudan for several years shall have the right to nationality as regulated
by law.
Freedom and right of movement
23. Every citizen shall have the right of freedom of movement, residence
in, exit from and entry into the country; and his freedom shall not be
restricted save under safeguards of the law.
Freedom of creed and worship
24. Every human being shall have the right of freedom of conscience
and religious creed and he shall have the right to declare his religion
or creed, and manifest the same by way of worship, education, practice
or performance of rites or ceremonies ; and no one shall be coerced to
adopt such faith, as he does not believe in, nor to practice rites or
services he does not voluntarily consent to ; and that is without prejudice
to the right of choice of religion, injury to the feelings of others,
or to public order, all as may be regulated by law.
Freedom of thought and expression
25. There shall be guaranteed for citizens the freedom of pursuing
any science or adopting any doctrine of opinion or thought without coercion
by authority ; and there shall be guaranteed the freedom of expression,
reception of information publication and the press without prejudice security,
order, safety and public morals, all as regulated by law.
Freedom of association and organization
26. (1) Citizens shall have the right of association-and organization
for cultural social, economic, professional or trade union purposes without
restriction save in accordance with the law.
(2) There shall be guaranteed for citizens the right to organize political
association ; and shall not be restricted save by the condition of consultative
decision making and democracy in the leadership of the organization ,
and use of propagation not material force in competition and abiding by
the fundamentals of the Constitution, that as regulated by law.
Sanctity of cultural communities
27. There shall be guaranteed for every community or group of citizens
the right to preserve their particular culture, language or religion,
and rear children freely within the framework of their particularity,
and the same shall not by coercion be effaced.
Sanctity of earning and property
28. (1) Every person shall have his right to acquire property and
knowledge, and shall enjoy the privacy of his earning and there shall
be no expropriation of whatever he has gained of livelihood property,
land, invention, or manual scientific, literary or artistic production
save by such law as may charge him with the tax of contribution for public
need or public interest in consideration of just compensation. No taxes,
fees or other fiscal dues .shall be levied save by law.
Inviolability of communication and privacy
29. (1)There shall be guaranteed for citizens the freedom and secrecy
of communication and correspondence ; and the same shall neither be tapped
nor perused save upon controls provided by law.
(2)All privacies of a human being in residence, livings, effects and family
shall be inviolabilities not to be infringed save upon permission or by
law.
Immunity against detention
30. A human being is free. He shall neither be arrested, detained,
nor confined, save by such law that shall require stating the charge,
the duration of detention, facilitation of release and respect for dignity
in treatment.
Right and sanctity in litigation
31. The right to litigate shall be guaranteed for all persons and
no one shall be denied the right to sue or shall be involved in a criminal
or civil litigation save in accordance to the procedures and rules of
law.
Right of innocence and defence
32. No person shall be incriminated or punished for an act save in
accordance with a prior law incriminating the act and punishing therefor
a person accused of an offence shall be innocent until his conviction
is judicially proved and he shall have the right to a prompt and fair
trial and to defend himself and choose whoever may represent him in defence.
Sanctity from death save in justice
33. (1) No death penalty shall be inflicted, save as retribution
or punishment for extremely serious offences by law.
(2) No death penalty shall be inflicted for offences committed by a person
under eighteen years of age ; and such penalty shall be executed upon
neither pregnant nor suckling women, save after two years of lactation
; nor shall the same be inflicted upon a person who passed seventy years
of age other than in retribution and prescribed penalties (hudud).
Protection of freedoms sanctities and rights
34. Every aggrieved person who has exhausted means of grievance and
complaint to the executive and administrative organs, shall have the right
of access to the Constitutional Court to protect the freedoms, sanctities
and rights set out in this Chapter; and the Constitutional Court may according
to due process exercise the power to annul any law or order that contravenes
the Constitution and restore the right to the aggrieved or compensate
him for damage sustained. |
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The President of the Republic
36. The Republic of the Sudan shall have a President elected by the
people.
Conditions of eligibility for nomination for the Presidency
37. There shall be required for eligibility for nomination for the
Presidency of the Republic , that the candidate shall be:-
(a) Sudanese ;
(b) of sound mind ;
(c) forty years of age ;
(d) not previously for the last seven years convicted of an offence involving
honour or honesty.
Nomination and election
38. (1) Every member of the electorate may nominate whoever he deems
fit for the Presidency of the Republic ; provided that the candidate shall
be seconded in accordance with the law.
(2) The winning candidate for the President's office is the one who obtains
the highest number of votes; provided that the votes shall be more than
fifty percent of the total votes of the polling electorate
(3) Where the percentage mentioned in Sub-article (2) has not been achieved,
polling shall be repeated between the two candidates who have obtained
highest number of votes.
Postponement of the elections of the Presidency of the Republic
39. Where the election of the President of the Republic is not possible
for any compelling reasons as decided by the General Elections Board it
shall as urgently as possible return to elections, and the mean-time the
incumbent President of the Republic shall continue as President and his
tenure shall automatically extended pending conducting the election and
untiltaking by the elected President of the oath of assumption of office.
Oath of assuming the Presidency of the Republic
40. The elected President of the Republic shall take, before assuming
office, before the National Assembly, the following oath:-
" I swear by Almighty God, to assume the Presidency of the Republic
in the worship and obedience of God, performing my duties diligently and
honestly and striving for the renaissance and progress of the country,
detached of any fanaticism or personal fancy ; and swear by Almighty God
to respect the Constitution, the law and the consensus of public opinion,
and accept public consultancy and advice, and God to what I say is witness
".
Term of office of the Presidency of the Republic
41. The term of office of the President of the Republic shall be
five years, commencing from the date of his assumption of office, and
the same President may be re-elected for another term only.
Vacation of the office or absence of the President of the Republic
42. (1) The office of the President of the Republic shall fall vacant
in any of the following cases:-
(a) expiry of the term of office ;
(b) death ;
(c) disabling mental or physical infirmity by resolution of the National
Assembly ;
(d) removal from office in accordance with the provisions of the Constitution
;
(e) acceptance of his resignation by the National Assembly.
(2) If the President of the Republic is absent or his office falls vacant,
his first Vice-President shall temporarily assume the functions of the
Presidency of the Republic pending the return of the President or the
election of a new President.
(3) Upon vacation of office of the President, elections for the Presidency
of the Republic shall be conducted within a period of sixty days of such
date.
Functions of the President of the Republic
43. The President of the Republic shall represent government and
the supreme sovereignty of the land . He shall stand as the supreme commander
of the people's armed forces and other regular forces, have competence
as to maintenance of the security of the country against dangers, preserving
its integrity and mission and supervising the foreign relations thereof.
He supervises the process of justice and public morals, cares for constitutional
institutions and mobilize the enhancement of public life. He shall, in
this respect, in accordance with provisions of the Constitution and the
law, have the following functions and powers, to:-
(a) appoint holders' of constitutional federal posts ;
(b) preside over the Council of Ministers ;
(c) declare war in accordance with the provisions of the Constitution
and the law ;
(d) declare the state of emergency in accordance with the provisions of
the Constitution and the law
(e) have the right to initiate draft constitutional amendments, legislations
and sign the same ;
(f) approve death sentences, and grant pardon, remit conviction or penalty
;
(g) represent the State in its foreign relations with States and international
organizations, appoint the ambassadors from the State, and accredit the
ambassadors dispatched thereto ;
(h) generally represent the authority of the State and the people's will
before the public opinion and in public occasions ;
(i) any other functions as may be prescribed by the Constitution or the
law.
The two Vice-Presidents of the Republic and assistants
44. The President of the Republic shall appoint two vice- Presidents
having the same qualification of the President, and appoint assistants
and advisers, and define their seniorities and functions. Each one of
them shall take before the President the oath taken by the President.
Criminal responsibilitv of the President of the Republic
45. The criminal responsibility of the President of the Republic
shall be as follows:-
1. no criminal proceedings shall be initiated against him save by a permission
to be issued by the National Assembly in writing ;
(b) the proceedings provided for in paragraph (a) shall be initiated before
the Constitutional Court ;
(c) any decision of criminal conviction shall be submitted to the National
Assembly to take such action with respect to the same, as they may deem
appropriate ;
(d) the Assembly may, by the majority of two-thirds of members remove
the President of the Republic form office in case of conviction of the
offence of treason or any other offence involving honour or honesty.
Contesting acts of the President of the Republic
46. Any person aggrieved by the acts of the President of the Republic,
may contest the same:-
(a) before the Constitutional Court where the contest is aimed at any
excess against the constitutional federal system or constitutional rights,
freedoms or sanctities ;
(b) before a court where the contest is aimed at excess against the law. |
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The Council of Ministers
47. (1) There shall be established a Council of Ministers of a number
to be appointed by the President of the Republic.
(2) The Council of Ministers shall have the supreme federal executive
authority in the State in accordance with the provisions of the Constitution
and the law, and the decisions thereof shall be adopted by consultation
and unanimity and where not possible by majority, and the decisions thereof
shall prevail over any other executive measures.
Oath of the minister
48. The Minister shall upon his appointment and before assuming the
functions of his office take the following oath before the President of
the Republic:-
" I swear by Almighty God, to assume my office as a minister in the
worship and obedience of God performing my duties diligently and honestly
and striving for the order and progress of the country, detached of any
fanaticism or personal fancy ; and swear by Almighty God, to respect the
Constitution and the law and accept consultancy and advice, and God to
what I say is witness ."
Functions and powers of the Council of Ministers
49. The Council of Ministers shall have the following functions and
powers:-
(a) general planning for the procession of authority, objectives, stages
and measures of the State ;
(b) approval of the higher policies of any federal ministry or ministerial
sector ;
(c) assuming the executive and administrative business of any ministry
or ministerial sector as may be provided by law or the decision of the
Council.
(d) initiation of draft international conventions and agreements, legislative
bills - provisional decrees - general budgets and any such measures as
may be submitted to the National Assembly
(e) requiring reports about ministerial executive performance and questioning
of a minister in the light of the reports thereof or the policies of the
Council of Ministers ;
(f) requiring reports on States' executive performance for enlightenment
and co-ordination with respect to any State and for check and decision
on matters that are concurrent or elegated by the federal authority ;
(g) making regulations to organize its work ;
(h) performing any public political role by statement or mobilization
of the movement of the people for the objectives of the public policy
and public life ;
a. any other functions or powers conferred thereupon by law.
Functions of the minister
50. (1) The Minister shall have functions and powers by law or delegation.
(2) The Minister shall be the highest responsible authority in his ministry
and his decisions shall prevail therein The Council of Ministers may amend
or cancel the same.
(3) The President of the Republic may suspend the decision of a minister
pending submitting the same to the Council of Ministers.
(4) There shall be between a federal and State's minister a relation of
co ordination, co-operation and complementation of the federal and State's
roles.
Several and joint responsibility of ministers
51. (1) The Minister shall be responsible for the business of his
ministry to the President of the Republic, the Council of Ministers and
the National Assembly.
(2) Ministers shall be jointly responsible the executive performance to
the National Assembly.
Prohibition of commercial business
52. The President of the Republic , any of his vice- Presidents,
assistants or advisers and the minister shall not their tenure practice
any private profession or commercial business with the State.
Vacancy of the office of minister
53. The office of minister shall fall vacant in any of the following
cases:-
(a) acceptance of resignation by the President of the Republic ;
(b) relief from office by a decision of the President of the Republic
;
(c) death.
Secrecy of the deliberations of the Council of Ministers
54. Deliberations of the Council of Ministers shall be confidential
; and whatever goes in the sittings shall not be disclosed outside, save
upon permission.
Contesting ministerial acts
55. An aggrieved. person may contest any of the acts of the federal
Council of Ministers or a minister:-
1. before the Constitutional Court in any contest of excess against the
constitutional Federal system or the constitutional freedoms, sanctities
and rights ;
(b) before a court in any contest of excess against the law. |
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The Governor - eligibility and election
56. (1) There shall be a Governor for each State, elected by the
people in the State in accordance with the Constitution and the law.
(2) There shall be required for whoever is a candidate for the office
of the Governor, the same conditions of eligibility of a candidate for
the Presidency of the Republic.
(3) There shall be established a nomination college for the office of
the Governor to be composed of members of the National Assembly, as deputies
from State, members of the States Assembly and chairmen of localities
in the State to present to the President of Republic a list of nomination
for governorship of not less than six candidates, before sixty days of
the expiry of the term of the incumbent Governor.
(4) The President of the Republic shall select three candidates form the
list and submit them to the General Elections Board for decision as to
their eligibility for the office, and they shall be the candidates who
shall be presented for general elections in the State.
(5) The winning candidate for assumption of Governor's office shall be
the one who obtained more than fifty percent of the total number of votes
cast.
(6) Where the percentage mentioned in Sub-article (5) is not obtained,
polling shall be repeated between the two candidates who have obtained
the highest number of votes.
Postponement of the Governor's elections
57. Where conducting the election of a Governor is not possible for
any compelling reasons as decided by the General Elections Board, the
President of the Republic may appoint a Governor for the State pending
the cessation of such reasons by a decision of the General Elections Board.
Oath of assumption of office of Governor
58. The elected Governor shall before assuming office take before
the President of the Republic the oath of the same text of oath of assumption
of the Presidency of the Republic.
Term of office of the Governor
59. The term of office of the Governor shall be four years commencing
as from the date of his assumption of office, and the same Governor may
be re- elected for another term only.
Vacancy of office, or absence of the Governor
60. (1) The office of the Governor shall fall vacant in any of the
following cases:-
(a) expiry of the term of office ;
(b) death ;
(c) disabling mental or physical infirmity by resolution of the State
Assembly ;
(d) removal from office in accordance with the provisions of the Constitution
;
(e) acceptance of his resignation by the President of the Republic.
(2) If the Governor is absent or his office falls vacant, his deputy shall
temporarily assume the functions of office pending the return of the Governor
or the election of the new Governor.
(3) Upon the Governor's office falling vacant, elections shall be conducted
for the new Governor within a period of sixty days of such date.
Functions of the Governor
61. The Governor shall have the following functions, to:-
(a) appoint ministers of the State after consultation with the President
of the Republic ;
(b) preside over the State Council of Ministers ;
(c) supervise generally the security of the state and co-ordinate its
good administration ;
4. represent the State.
Individual responsibility of the Governor
62. The Governor shall individually be responsible to the President
of the Republic.
Criminal responsibility of the Governor
63. Provisions of the criminal responsibility of the President of
the Republic shall apply to the Governor's criminal responsibility, except
that the State Assembly takes the place of the National Assembly.
The Council of Ministers
64. (1) There shall be established a council of ministers for the
State.
(2) There shall apply to the State's executive authority the provisions
set out in Articles 47(2), 48 and 49, save initiating draft international
conventions and agreements and that it only assumes the affairs of the
State and submits legislative bills to the State Assembly.
(3) Powers of the State minister shall be the same powers of the federal
minister set out in Article 50, Sub-articles (1), (2) and (3), except
that the Governor takes the place of the President of the Republic.
(4) There shall apply to the State's executive authority the provisions
set out in Articles 50 to 55, except that the Governor takes the place
of the President of the Republic. |
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The National Assembly - Composition
67. (1) There shall be established an elected National Assembly to
assume the legislative authority and any other powers by virtue of the
Constitution.
(2) The National Assembly shall be composed of a number of members, elected
by direct, special or indirect general election as follows:-
(a) seventy five percent (75%), of full membership by way of general direct
suffrage from the geographical constituencies which are divided by fair
representation of the population in the country ;
(b) twenty five percent (25%), of full membership by special or indirect
suffrage in representation of women and scientific and professional classes
representing States or national electoral colleges , as may be prescribed
by law.
(3) Where it is not possible by decision of the General Elections Board
to conduct elections for the National Assembly for compelling security
reasons in any constituency or college, the President of the Republic
may appoint a member to occupy the seat in the National Assembly pending
conducting elections as urgently as possible.
Conditions of membership of the National As8embly
68. (1) There shall be required for eligibility for membership of
the National Assembly, that the candidate shall be:-
(a) Sudanese ;
(b) twenty one years of age ;
(c) of sound mind ;
(d) not previously during the last seven years convicted of an offence
involving honour or honesty.
(2) Whoever is a member in a State Assembly or assumes the office of Governor,
or is a member of a State Council of Ministers shall not be eligible for
nomination for membership of the Assembly or for continuing in the same.
Lapsof membership the National Assembly
69. (1) Membership of the National Assembly shall lapse by a resolution
passed by the Assembly in any of the following cases:-
(a) disabling mental or physical infirmity ;
(b) conviction of an offence involving honour or honesty ;
(c) absence from attending one full session of the sittings of the Assembly
without permission or acceptable excuse ;
(d) written resignation announced in the Assembly ;
(e) death.
(2) Upon the vacancy of the seat of a member his successor shall be elected,
as the case may be within a period of sixty days as may be possible.
Seat of the National Assembly
70. The National Assembly shall convene at its seat in Umdurman ;
and the Speaker may call the Assembly to convene exceptionally in any
other place.
Oath of members of the National Assembly
71. Every member of the National Assembly shall, before exercising
his functions take the following oath before the Assembly:-
" I swear by Almighty God to assume the assignments of representing
the people as a member of the Nati9nal Assembly in obedience of God, performing
my duties with every strength and honesty, being truthful and perseverent
in attendance and deliberation, detached of any fanaticism or personal
fancy, giving due regard to the requirements of the office, preserving
the safety of the country and interests of the people, respecting the
Constitution, law and conventions, and God to what I say is witness. "
Term of the National Assembly
72. The term of the National Assembly shall be four years commencing
from the date of its first convening.
Functions of the National Assembly
73. (1) The National Assembly represents the popular will, in legislation,
planning, control and questioning of the Executive and in the general
social and political mobilization. Without prejudice to the generality
of the foregoing, it shall assume the following functions, to : -
(a) pass plans, programmes and policies relating to the State and the
society ;
(b) pass the draft constitutional amendments and pass legislative bills
and provisional decrees ;
(c) pass the general budget of revenues and expenditure ;
(d) pass bills ratifying international conventions and agreements ;
(e) monitor the performance of the Executive ;
(f) initiate or participate in the political and social mobilization ;
(g) issue resolutions on public affairs.
(2) The National Assembly may, in the course of executing its functions,
monitoring of executive performance, recommend to the President of the
Republic to remove any federal minister where the Assembly after subjecting
him to the procedure of interrogation resolves by a majority of its members
that he has lost the confidence of the Assembly.
Immunity of members of the National Assembly
74. Save where he is in the very act of crime, no criminal proceedings
shall be initiated against a member of the National Assembly, nor shall
any of the detection measures be taken against his person, residence or
belongings without permission from the Speaker of the Assembly.
Convening and sessions of the National Assembly
75. (1) The National Assembly shall hold its first sitting upon convocation
by the President of the Republic within the thirty days following the
declaration of the results of elections. The sitting shall be presided
over by the eldest of the members present.
(2) The Assembly shall determine the beginning and end of every session
of sittings.
(3) The Assembly shall convene for an emergency session upon a resolution
thereof on the request of half of its members or upon a call from the
President of the Republic.
Leaders of the National Assembly
76. (1) The National Assembly shall have a Speaker to be elected
from among its members at the first sitting ;
(2) The Speaker of the National Assembly shall preside sittings, control
the public order and supervise the administrative affairs of the Assembly;
and shall represent the Assembly inside and outside the Sudan.
(3) The Assembly shall select, in accordance with the regulations, all
its leaders to deputize for the Speaker, to lead deliberation, preside
committees or to assume other functions.
(4) The Speaker of the Assembly shall, upon approval of the Assembly,
appoint a secretary general from non-members. The Secretary General shall
assume the preparatory and administrative affairs of the Assembly under
the supervision of the Speaker.
Committees of the National Assembly
77. The Assembly shall constitute from among its members specialized
standing or ad hoc Committees for the performance of its functions in
accordance with the regulations.
The regulations of the National Assembly
78. The National Assembly shall, on the initiative of the Speaker,
make regulations for the conduct of its business.
Quorum of convening of the National Assembly
79. The quorum of convening of the National Assembly shall not be
attained save by the attendance of one-third of its members unless the
subject is a legislation in its final presentation, or the Speaker decides
the importance of the subject on the agenda, whereupon the quorum shall
not be attained save by the attendance of half the members.
Sittings open
80. Sittings of the National Assembly shall be open, its deliberations
public and proceedings shall be published, save in cases when the Assembly
deems that necessity requires otherwise.
Passing resolutions
81. The National Assembly shall give due regard to unanimity in passing
resolutions. Where that is not possible, resolutions may be passed by
the opinion of the majority of those present, except in the cases provided
for otherwise by the Constitution.
Freedom of expression in the National Assembly
82. Members in the National Assembly shall freely and responsibly
express their opinions subject to the provisions of the regulations ;
and no member shall be accountable before any court, nor shall any legal
proceedings be initiated against him by reason of views or opinions he
may express in the course of performing his functions in the National
Assembly.
Address by the President of the Republic or a minister
83. (1) The President of the Republic may address the National Assembly
in person or by way of a message. He may request the opinion of the Assembly
on any subject and the Assembly shall grant the response to such request
priority over the other business.
(2) A federal minister may request to address the National Assembly, and
the Assembly shall provide the opportunity for that as urgently as possible.
Addressing questions - requesting statements
84. (1) Subject to the provisions of the regulations, a member of
the National Assembly may address any question to a federal minister on
any subject relating to his functions ; and the minister shall supply
him with the reply.
(2) Subject to the provisions of the regulations, the Assembly or any
of its committees may request a federal minister to deliver a statement.
Interrogation of a minister
85. The National Assembly may in accordance with the regulations,
resolve to interrogate any minister on any matter relating to the functions
of his ministry Opinion on the result of the interrogation shall be taken
in a subsequent sitting where a proposal of no confidence in the minister
has been presented. Where the proposal succeeds, the President of the
Republic shall be addressed with the same.
Summons of persons and inquiry
86. The National Assembly or any of its committees may summon any
public official or any other person to address the Assembly or the committee,
adduce any testimony or tender consultancy. Inquiry on any matter that
falls within the direct responsibility of the federal executive authority
may be made after notification to the President of the Republic.
Tabling legislative bills
87. (1) The President of the Republic, the Council of Ministers,
any federal Minister as well as any committee of the National Assembly
or any member by private initiative, may table a legislative bill to the
Assembly.
(2) Where the bill is by private initiative, it shall not be tabled to
the Assembly save after referring it to the concerned committee to decide
that it involves an important public interest.
Procedure of presentation consideration the bill
88. (1) The bill presented to the National Assembly shall be submitted
for first presentation by citing the title for tabling it before the Assembly,
it shall thereafter be presented the second presentation for deliberation
focused on the general features and purports thereof for passing it on
point of principle. If it has been so passed, there shall be a third presentation
for deliberation in detail and introducing any amendments and passing
the same Then the bill shall in its final form be presented a final presentation
without involving the core of the provisions thereof, but to pass the
same section by section then to pass it as a whole ;
(2) The Speaker of the Assembly shall refer the bill after its first presentation
to the concerned committee to present a general evaluation report in preparation
for the second presentation for deliberation and passing it on point of
principle, then to present a report on such amendments as the committee
may or may not have passed in preparation for the third presentation for
deliberation on the details of the bill and passing any amendments. The
Speaker of the Assembly may also refer it to the concerned committee to
present a report involving a final drafting of the provisions of the bill
in preparation for its final presentation to pass the same by section
and as a whole.
(3) The Speaker or the concerned committee, may submit the bill to any
body of competence outside the Assembly for consideration and reporting
on the legitimacy and rationale thereof, or to any body having interest
to consider and report upon the impact and acceptability of the same.
(4) The Assembly may by a special procedural resolution as a general commission
or by summary procedure decide upon the bill submitted to it.
Coming of law into force
89. (1) No bill which has been passed by the National Assembly shall
become a law in force, save when the same has been signed by the President
of the Republic or upon lapse of thirty days after submitting it to him,
and he neither signs nor decides to have it revised.
(2) Where the Assembly passes the bill with provisions not acceptable
to the President of the Republic, he may decide to have the same revised
by returning it to the Assembly accompanied by comments and the Assembly
may thereupon give due regard thereto and amend the bill and submit it
to him once more or may neglect the same.
(3) Where the President of the Republic returns the bill for revision
and the bill is passed again by the Assembly with the same provisions
by the majority of two-thirds of members, it shall thereupon become law
in force.
Provisional ordinances
90. (1) The President of the Republic may in case of absence of the
National Assembly, and for an urgent matter upon a decision of the Council
Of Ministers or as he may decide, issue a provisional ordinance having
the force of law; provided that the provisional ordinance shall be submitted
to the Assembly forthwith after its convening . Where the ordinance has
been ratified by the Assembly with the same provisions it shall be a promulgated
law ; however, where the same has been rejected by the Assembly or the
session lapses without it being ratified the effect thereof shall cease
without retrospective effect. Where the National Assembly ratifies the
same with any amendments these amendments shall be subject to the same
provisions of Article 89 ; provided that the amendment shall not have
any retrospective effect.
(2) The President of the Republic shall not make any provisional ordinance
in matters affecting constitutional freedoms, sanctities and rights, or
federal and States' relations, the provisions of general elections, criminal
or financial provisions, or in matters of international conventions and
agreements amending the borders of the State
(3) Every law annulled or amended according to a provisional ordinance
which has become null and void, shall be revived into force from the date
of annulment of the provisional ordinance.
(4) The Assembly may delegate to the President of the Republic the power
to ratify by a republican decree having the force of promulgated law without
a subsequent ratification by the National Assembly, the power to ratify
international conventions and agreements in the absence of the Assembly
; provided that the same shall be deposited before the Assembly after
its convening.
General budget bill
91. (1) The Council of Ministers shall present to the National Assembly
before the beginning of the financial year the bill of the general budget
of the State, including a general evaluation of the economic and financial
situation of the country, detailed estimates of the proposed revenues
and expenditure for the coming year compared with the practice of the
previous year, a statement of the manner of general balance of the budget
any reserve funds , transfers thereto or allocations therefrom, and explanations
of any special budgets or financial statements, policies or measures to
be taken by the State in the financial and economic affairs relating to
the general budget ;
(2) There shall be submitted to the Assembly by the Council of Ministers
proposals of total expenditure entered into the budget as an appropriation
bill, there shall also be submitted the proposed taxes, fees and other
levies as financial bills, and there shall also be submitted any proposals
for borrowing, investment or saving bonds by the State as financial bills.
(3) The Assembly shall pass the bill of the general budget of the State,
chapter by chapter and the schedules, and it shall pass the total appropriation
bill Where the law is promulgated detailed estimates as appropriated in
the general budget shall not be exceeded save by a supplementary law.
Surplus funds over revenue estimates and funds out of the reserve legally
separated shall also not be spent save by a supplementary law.
Special financial bills
92. No member in the National Assembly shall by a private initiative
outside the context of the deliberations of the draft general budget present
any bill which requires imposition or rescinding any tax, fee, public
revenue or appropriation or burden upon public funds save where the bill
only requires service fees or financial penalties.
Provisional and supplementary financial measures
93. (1) Notwithstanding the provisions of Article 90 (2), the President
of the Republic may, upon the decision of the Council of Ministers, wherever
he deems that public interest so requires, make a provisional decree having
the force of law, whereby the imposition of any tax, or fees or the amendment
thereof shall be in force, pending submission of the bill requiring the
same to the National Assembly. Where a financial law is promulgated or
the bill has been rejected, the force of the provisional decree shall
cease without the rejection or amendment of the bill having retrospective
effect.
(2) Where the procedure of passing the general budget , and the appropriation
law have been delayed beyond the beginning of the financial year, expenditure
shall continue pending passing the general budget in accordance with the
estimates thereof for the year which has elapsed as if the same has been
appropriated by law for the new year.
(3) The Council of Ministers may during the financial year, whenever new
circumstances emerge or a public interest appears as may not be satisfied
by the general budget and the laws thereof, present 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 and its related bills.
Final accounts
94. The Council of Ministers shall present to the National Assembly
during the six months following the end of the financial year, final accounts
about all revenues and expenditure as are set forth in that year, as well
as expenditure withdrawn from the reserve funds ; and the Auditor General
shall present his report on such accounts to the National Assembly.
Delegation of the power of subsidiary legislation
95. The National Assembly may by law delegate to President of the
Republic, the Council of Ministers or any Public body, the powerto make
any regulations, rules, orders or any other subsidiary instruments having
the force of law ; provided that such subsidiary legislations shall be
tabled before the Assembly, and are subject to annulment or amendment
by a resolution in accordance with the provisions of the regulations.
Authority of the business of the National Assembly
96. No court or other authority shall interfere into the business
of the National Assembly, nor shall the same review any law or resolution
passed thereby on the allegation of contravention of the provisions of
the regulations or rules of procedure ; and authority of the business
of the Assembly shall be proved by the issue of a certificate bearing
the signature of the Speaker. |
