Africa-Press – South-Sudan. Lou-Nuer Youth Association for Development (LNYAD)/Unsatisfied Group of Candidates (UGC ‘Board),
Mr. Santino Chiok Ding Hoth,
The Chairman, Unsatisfied Group of Candidates-GGC,
Juba, Republic of South Sudan,
Dear Fellows Lou-Nuer youth community in Juba!
Followed an unsuccessful conduct of the Lou-Nuer Youth Association for Development (LNYAD-2021-General Election) on the 4th of December, 2021 at Juba Star Hotel, we the designated Unsatisfied Group of Candidates (UGC) has been in matter-of-fact communication with our dear supporters amongst the Lou-Nuer youth in Juba and beyond. Subsequent to the reputable and wider contact we made with the best and relevant stakeholders amongst the Lou-Nuer youth, the UGCs Board was encouraged and posed to calls for a collective and widespread denunciation of Preliminary Results that have been associated to the recent Spoiled Election Lou-Nuer youth Election in Juba.
This call comes after that disputed announcement of the results on 4th of December, 2021 turned out to be somewhat accompanied by momentous irregularities that have made it possible for us to react instantly. To make everything even worse, whatsoever has been the context of our reaction and insistence on the unsatisfactory results of the last month election of the Lou-Nuer youth Association in Juba never made an effort. The very Electoral Board that has been questioned by the Lou-Nuer ‘Unsatisfied Group of Candidates remained immovable to the point that the Board ignored all the calls to halt the processes and, instead, it proceeded on illegally installing an illegitimate leadership.
Therefore, the UGCs ‘Board was forced to declare that illegally installed leadership as illegitimate and to be discarded as legally as possible. The UGCs ‘Board also wanted to put it across your attention that we are going on with all the best decisions we can to possibly alter the status coup. And, we would like to comment to you that, one may expect even the name change of the Lou-Nuer Youth Association for Development (LNYAD) to the Lou-Nuer Youth Union (LoNYU) on what shall be the basis of content of the next communication.
Ladies and Gentlemen! Due to all the noteworthy and ruthless evidences of the Election Frauds that we have widely documented throughout the election conduct, the UGC ‘Board was forced to take responsibility of rebuffing outright the preliminary ‘Election results that falsely purported Mr. Wal Makuach Wiw and his allies as the defecto winners of the Spoiled Election. It was our firm position as a team therefore to best describe such ‘Election results so far as null and void. We were obliged to urge you, our dear fellow members of this respective Association , that together we legally disqualify the latest ‘LNYAD-2021 ‘Election for it failed to meet the standard.
For all that we have briefly mentioned and which are to follow in the text, the UGCs ‘Board was not lonely hence chose to denounce the results. Indeed, the UGCs ‘Board has been compelled to file up the legal quizzical of the Election ‘conduct in response to the voices of its dear fellows’ compatriot Lou-Nuer youth in Juba and others places. We were immensely supported to quest for legal and community-based solutions to the detected Election Frauds so far. Under cheer support of the supporters, and for us to comply with our supporters ‘wishes and their inspirations, the UGC ‘Board felt vulnerable to the convenience backing that it has been receiving from the bulk of the Lou-Nuer youth in Juba. We have fallen to the mounted heaviness of a demand for legal action from our dear supporters whose votes has been rigged and/or whose votes were made impracticable to caste due to all the deterring conditions that have been set forth by the Electoral Board and therefore acknowledged their genuine concerns that led the UGCs refuted the election results by UGC ‘Board. For these reasons, it was evidenced that we never reached this conclusion without properly thought-provoking its weight and impact. Thus! All that we have been legally pursuing were therefore by feeling responsive to our dear voters who have filled up their complaints for the Unsatisfied Group of Candidates (UGCs). The Summaries of the Past Two Petitions by UGCs ‘Board’
Ladies and Gentlemen! With this summarized brief document, the Unsatisfied Group of Candidates (UGC) have developed it as a continuation of UGCs ‘insistence to never give-up in searching for a peaceful and legally binding answer to the disputed results. Meanwhile, in the two previously issued ‘Petitions, all the pressed questions associated with the Lou-Nuer youth pre-election and the actual election results of the year 2021 in Juba were referred to. Nevertheless, the UGC ‘Board is hereby supplementing these previous Petitions with this single and inclusive and detailed public statement ‘draft. This is more educative for those who may criticize the UGCs decision to Not Recognize and Declared Null and Void so that there wouldn’t be anyone to disparage the team ‘position.
The prime objective for these series of public notices was intended to keep updating, reinforcing, and re-informing all of our dear supporters amongst the Lou-Nuer youth in Juba and, indeed all the bodies/agencies to whom this notice may concerns:
Before we have written this particular piece of inclusive and detailed document, it was hitherto our best knowledge as the UGC ‘membership that, there have been several Petitions wrote and presented to the same Electoral Committee on a similar matter and, the same Electoral Board was detrimental to conceded with legal appeals. The Electoral Committee has been requested to relinquished the roles to a new and competent group that were to be nominated after majority regretted of mistakenly instituted such a lousy composed Electoral Board for the first time in the history of this Association in Juba. And, with this public statement therefore, the UGCs ‘Board was complimenting several other Petitions which it once wrote as an action-seeking complaint against the same Electoral Committee. It was in the UGC ‘Board’s best knowledge that, none of the Petition it wrote so far and forwarded to the Electoral Board has maximized its objective. There has never been an ideal and positive response from the Electoral Board despite these varieties of the written complaints which were raised up by the same UGC Board.
Meanwhile, in the first Petition was on the 17th of November, 2021 before the conduct of Election on the 4th of December, 2021 in Juba, we have mentioned in span the pros and cons which were involved and identified in the pre-election. A more detailed explanation contained the core agents that led to the UGC ‘Board dissatisfaction over the Election results. Also in the past two petitions, the UGC ‘Board has reached out to a good number of the agencies which were concerned. Thus! Such a madly slow and/or complete lack of an ideal response by the Electoral Board so that the Unsatisfied Group of Candidates could be counseled was evidence. And, perhaps, immobility of the Electoral Board have been attributed to the actuality that the Board was the ones that continues to be standing detrimental not accepting its own shortcoming even whence it was obvious that the Electoral Board have miserably failed to oversee the process satisfactorily.
These past two Petitions paper that the UGCs ‘Board has written, they were distributed to these following bodies/agencies in their various respective destinations:
In the First Petition, the UGCs ‘Board was gravely concerned and talked in length about the signs of unprofessionalism that were shown at an early stage by the Electoral Committee. An extreme unethical behavior shown by the Electoral Board prior to the Election ‘conduct was a much debated factor that, if the same Board ‘members were to listen to the people ‘concerns, the Board would have ended its mandate and relinquished the role for others competent to take over. Whence the UGC ‘Board after thoroughly scrutinized all an advices and concerns that it has received from its dear potential supporters amongst the Lou-Nuer youth in Juba, the UGC ‘Board have came up with the following suggestions:
In the second Petition after the Spoiled Election results announced on the 4th of December, 2021 at Juba Star Hotel by the same corrupt Electoral Board, we from the UGCs ‘Board have shaded more in details regarding the severity of these detected election biases. Thus! We have reached to the point that these irregularities which have been deliberately committed by the Electoral Committee were somewhat intolerable. The frauds were premeditated and beyond others smart election ‘frauds that were to be compromised under any circumstances. Therefore, the undisputed basis of the UGCs ‘Board’s total denunciation of the announced ‘election results were in details explained in the Second Petition.
And, with this brief and concise summing up of the previously written and forwarded Joint Petitions, the Unsatisfied Group of Candidates (UGC) would take you through only the succinct summary of what we were legally observed as the Election Frauds. The objective is to give you enough clues as to why the UGC ‘Board have raised its refutation of a Preliminary Election Results and considered it altogether as morally unacceptable. And, we want to reaffirm it to you our dear brothers and sisters that, the LNYAD-2021 ‘Election process have been therefore messed up by unprofessional Electoral Board due to the following reasons:
The very reasons for us to echo these concerns were the malfunction of the Electoral Committee that disappointed many reasonable members of this Association. The initial example was an unusual composition of the Electoral Board which has been composed of a partisan and inexperienced group of individuals. With all the evidence that we have gathered and available in hands, there has been a very solid grounds and rationale behind this conclusion.
An Election whichever conducted out of the Association ‘Constitutional directive has always a high chance for the unprofessional Electoral Board to openly breach the Election norms in favor of one Candidate or a group of Candidates. That exactly what was happening whence the same Electoral Board abandoned the Constitution and started running amok the process and, therefore contradicted the legality of its mandate.
The LNYAD-2021 ‘Electoral Committee in Juba confirmed to be incapable of that job on the first day it was formed at the meeting in Juba Regency Hotel. As explained above, whilst disregarded what has been widely believed to be constitutionally allowable and worthwhile in terms of any election ‘Financial Code of Conduct at the level of South Sudan, the Electoral Committee began to abuse its power whence choose to act out of the Association ‘Constitution. Without considering anyone’s view by the Electoral Committee, the Board continued violating the Constitution in its own capacity.
The Electoral Board’s first grave scandal was whence it unconstitutionally instituted a policy of an “entire financing of election process by the voters and aspirants.” There is nowhere that an election of any kind can be funded by the voters. There is no way and/or where to say the election ‘fund to be solicited from volunteers’ voters and the Candidates who only declared their interest to serve the community and not to show off their wealth. There is always a means and methodology of mobilizing funds from other sources for financing the election processes. And, that is also what has clearly stated in the LNYAD ‘Constitution that, the Electoral Committee owned all the responsibility to lobbying for funds from outside and not from within the Association’s designated candidates or voters at a time.
Unfortunately, an absolute and violent use of power by the Electoral Board has forced the group to demand from the Candidates and their voters’ whole budget (i.e. to incur all the financial part of the election process was against the LNYAD ‘Constitution.) Not only that the decision was altogether an illegal attempt and without regard to the Constitution of this Association, but also the Electoral Board has irreversibly made its mind to collected finance surplus and scandalously tempted to impose a huge and unrealistic payment of amount ranged from Two Hundreds Thousands South Sudanese Pounds (200,000SSP) per a Candidate for the Chair and/or a vice.
That very huge amount of money was demanded according to the same Electoral Committee compulsory as eligibility criteria for a Candidate is to qualify for the admission and voter for voting. It was much debated between the Electoral Board and the General Assembly prior to its rigid adoption by the EC. Meanwhile, the General Assembly refused to directly concede with such scandalous demand till the Electoral Committee willfully imposed it on the Candidates and voters. To make it completely scandalous, the Electoral Board refused to listen to the General Assembly after it secured some of the individuals Candidates ‘preferential consent.
Against the Lou-Nuer Youth Association for Development ‘Constitution, the same Electoral Board hasn’t ended its financial ill-treatment on the Candidates for the Chairperson and a Vice. The EC also forced all the other Candidates (e.g. those aspirants for the Secretariats at the Association ‘Executive and/or Council were compulsorily demanded to pay an amount of One Hundred and Fifty Thousands South Sudanese Pounds-150,000SSP per each aspirant.)
However, the normal payment articulated in the LNYAD ‘Constitution (especially whence needed may be to help expedite the election process), it believed to be ranged from 5,000 to 10.000SSP respectively for all Candidates at the Executive levels of this Association. It is not constitutionally mandated that the Electoral Committee has such a proxy power to collect money from the voters whenever entrusted.
The UGCs ‘Board has several reasons why it chose to have bitterly rejected such a disgraceful financial demand. The primary reason was that, the Electoral Committee decided to put that financial trick as condition for depriving those who were interested to register their willingness for either the Chairperson or a Deputy whilst financially not prepared. During the Candidates ‘Registration of the LNYAD-2021, those Candidates that could be considered as the potential contenders/aspirants but were not afforded such an arrogantly financial condition put as stumbling blockage and deterrent for those courageous applicants who don’t have that financial ability.
Hence! The very reason for the Electoral Committee projecting and imposing such compulsory unaffordable voting fees on the LNYAD-Members in Juba was illegal and, the action of the EC wasn’t somewhat allowable in the Constitution as usually for the objective of facilitating election process. That means, the Electoral Committee in a preferential manner, it has deployed financial trick as a favored tool for some individuals and/or a groups of Candidates that the EC was inspired to supported in an attempt that goes outside the spirit of an ideal election and/or in violation of the principles of Lou-Nuer Youth Association for Development (LNYAD-Constitution).
Accordingly, the LNYAD-2021 ‘Electoral Board in Juba instead found its business reason for exploiting those Lou-Nuer youth who may not be financially well-off at the time of election. In many cases, such an “Election Financial Dishonor” has made it possible for the Electoral Committee to artificially control the composition of an electorate in order to produce a foregone result.
It was unfortunate that the same Electoral Committee has come up with a regulation which has constitutionally contradicted its roles and responsibilities enshrined in the LNYAD ‘Constitution. Despite the Voters Registration being the most complicated portion of the Election process, the same Electoral Committee has come up with its own controversial and unlawful demands. The Electoral Board made it compulsory that, each of the Candidate or group of the Candidates, in order to participate, or being admitted to be voted for, he/she is required to register and present to the Electoral Board a list of 2000 voters. The names of that proposed 2,000 voters were to be collected from within the Lou-Nuer youth community in Juba.
To make it totally illegal and a financial scandal, the Electoral Board has demanded each group of the Candidates to submit in a limited time span a list of the 2,000 youth accompanied by Two Thousands South Sudanese Pounds (2000SSP per each voter). And, for a number of 2000 youth who were to be one’s probable voters, and according to the Electoral Committee ‘intention, the Board made it clear to the voters and Candidates that, the more names which an individual and/or a group of Candidates managed to registers amongst the Lou-Nuer Youth in Juba whence able to pay such a huge amount of money, the more probable voters that individuals or a group of Candidates would have been acquired during the voting.
The Electoral Committee has registered nearly 3,000 Eligible Voters amongst the Lou-Nuer youth in Juba for the purpose of the Spoiled Election. Against the LNYAD ‘Constitution, the Electoral Committee has imposed an amount of 2,000 SSP per a Voter.
Therefore, the Electoral Board worked for only those individual Candidates or a group of Candidates who were financially well-off to register as much as they could.
The LNYAD ‘Electoral Committee-2021 violated the Constitution whence allowed false registration of voters (ghost names) and voted in the Spoiled Election.
That means, all these forfeited and illegal ballots (voting slip) were used by illegal voters from other Nuer ‘Communities members who were illegally mobilized by certain Candidates and were allowed to participate during the polling exercise by the Electoral Committee.
The LNYAD-2021 ‘Electoral Committee breached this Association ‘Constitution whence failed to lay out the “Voters Eligibility Criteria ” (i.e. who is eligible to vote at what age categories and residential status allowed).
And, due to the nonexistence of a voters eligibility criteria set by the Electoral Committee as required by the Constitution to guided the election process (such as, on who to be register and participate in voting), the LNYAD-2021-Election in Juba was humiliated and happened to be by the none Lou-Nuer (e.g. the 40% of the females voters who have voted in favor of Mr. Wal Makuach Wiw who the same Electoral Committee announced as the defecto winner were a mixed of IDPs women from Juba PoCs of Nuer women from Bentiu, Fanjak, Nasir and the others South Sudanese including Mundaris.
The LNYAD-2021 ‘Electoral Committee violated the Constitution by duplicating the voter slips. Meanwhile, exceeded the registered names of the probable voters, the Electoral Board were doubling with an increased numbers of ghost names; increased the numbers of voting slips/cards; and the numbers of the registered voters differed because it fluctuated from time to time.
Nevertheless, after the casting and of the votes ‘counting, that initially made public and/or announced figure/number of the registered voters have been altered (i.e. the figure increased by over four hundreds (400) extra illegal voters.) That remained unanswered by the same Electoral Committee as to “where these names of over four hundreds illegal voters were coming from?”
THE POST-ELECTION FRAUDS/IRREGULARITIES
OF THE LNYAD-2021 ELECTION IN JUBA.
During the voting exercise at Juba Star Hotel, there has been an unusual act of voter intimidation by the Electoral Committee.
Stoppage of the screening of those illegal voters was a deliberate act of fraud by Mr. Gatluak Khot with intention to make it easier for whoever suspected or established to be of illegality to casted without hindrance.
The LNYAD-2021 ‘Electoral Committee breached the Constitution whence identified that, the Board has illegally absorbed to its membership a two members who were not known (not nominated by the General Assembly)
It was established that those two illegal members of the Electoral Board were the ones who mishandled the Voting Slips both on the Voting Roll and Casting Exercise. That illegal recycling of the Voting Slips have made hundreds of the Voting Slips end up returned to the hands of individual Candidates ‘agents and happened to be reused again for voting even more than twice for the same Candidates.
The LNYAD-2021 ‘Electoral Committee have breached the Constitution hence resorted to the distribution of false or misleading information to the public in order to affect the outcome of an election.
The LNYAD-2021 ‘Electoral Committee have abused the Constitution whence not provided the Voters a protection and privacy at the polling location. In a variety of debatable cases, there were times and, in some cases, the secrecy of the voting was not observed by the Electoral Committee.
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