South Sudan has a decentralized system of government with the following levels:
- The National level which exercises authority in respect of the people and the states;
- The state level of government, which exercises authority within a state, and render public services through the level closest to the people; and
- Local government level within the state, which is the closest level to the people.
Devolution of Powers
The National Government shall exercise its competences in accordance with the Constitution and the law and respect the powers devolved to the states and local governments. The following principles shall guide the devolution and exercise of powers:
- Affirmation of the need for norms and standards of governance and administration at the state and local government levels that reflect the unity of the people of South Sudan while recognizing their diversity
- Acknowledgement of the roles of the National Government and the states in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms;
- Recognition of the need for the involvement and participation of all people of South Sudan at all levels of government as an expression of unity; and
- Pursuit of good governance through democracy, separation of powers, transparency, accountability and respect for the rule of law to enhance peace, socio-economic development and political stability.
Inter-Governmental Linkages
In the administration of the decentralized system of governance, the following principles of inter-governmental linkages shall be observed:
- The linkage between the National Government and the local government shall be through the government of the relevant state.
- In their relationships with each other or with other government organs, all levels of government shall observe the following:
ü respect each other’s powers and competences; and
ü -collaborate in the task of governing and assist each other in fulfilling their respective constitutional obligations.
- Government organs at all levels shall perform their functions and exercise their powers so as:
ü Not to encroach on or assume powers or functions conferred upon any other level except as provided for in this Constitution
ü To promote co-operation by rendering assistance and support to other levels of government.
ü To promote communication and coordination between all levels of government.
ü To adhere to procedures of inter-governmental interaction and comity.
ü To respect the status and institutions of other levels of government; and
ü To promote amicable settlement of disputes before resorting to litigation.
- The harmonious and collaborative interaction of the different levels of government shall be within the context of national unity and for the achievement of a better quality of life for all.
- Any two or more states may agree on mechanisms or arrangements to enhance inter-state co-ordination and co-operation.