By Isaac Chol Aguer
Since the earliest days of South Sudan’s independence, the principle of state sovereignty and institutional continuity has always stood above personal ambitions.
Every constitutional document and political accord signed under the banner of national interest affirms this. And yet, in the middle of a fabricated wave of political anxiety, the question of who runs state affairs in President Salva Kiir Mayardit’s absence has resurfaced — conveniently ignoring what the constitution explicitly states.
According to the Transitional Constitution of the Republic of South Sudan (2011 as amended), Article 101(t) grants the President alone the authority to delegate his powers to whomever he deems fit among his Vice Presidents or state officials. This sovereign prerogative isn’t conditional upon political ranks, peace agreement clauses, or the whims of opposition factions. The constitution, as the supreme legal instrument, supersedes every secondary text. Therefore, President Kiir’s decision to delegate responsibilities to Dr. Benjamin Bol Mel, Vice President for Economic Cluster and First Deputy Chairman of the SPLM, is entirely lawful, indisputable, and politically necessary. In the absence of such a delegation for any reason, constitutional precedent and executive conventions empower the Prime Minister or the highest-ranking official within the ruling party to temporarily manage state affairs until the President’s return — ensuring institutional continuity and national stability.
The irony is that those now parading constitutional arguments are the same individuals who neglected it when silence served their ambitions. Even more absurd is that the very man who was once supposed to be next in line, First Vice President Riek Machar, has become, by law and circumstance, politically disqualified after his March 2025 arrest for orchestrating violence in Upper Nile, which claimed dozens of lives, including General David Majur Dak — a tragedy formally documented by the United Nations. This record alone, combined with his political paralysis and lost control over his armed factions, leaves him far outside any legitimate conversation about executive authority.
Worse still, the SPLM-IO faction itself is no longer a unified, credible political force capable of facilitating institutional transitions. One-part lives in exile under fragmented commanders, another signs peace deals through Par Kuol’s group, while the rest remains under Angelina Teny — Machar’s wife — effectively turning what was once a broad political movement into a narrow family syndicate. A faction that has failed for months to name a single replacement for its detained leader cannot claim concern for constitutional order or national stability.
In contrast, Dr. Benjamin Bol Mel stands as a constitutionally qualified statesman: Vice President for Economic Cluster, First Deputy Chair of the SPLM, and an experienced administrator. He leads government functions by presidential delegation, according to the law, to preserve the state’s continuity and safeguard the public interest during the President’s absence. He did not seize this position, nor beg for it — he was legally entrusted with it as duty demands.
This country cannot be governed by the whims of desperate opportunists whose voices only surface when their personal interests are threatened. Those attempting to weaponize the constitution are the same ones who violate it. In doing so, they betray both the state, and the blood of innocent citizens lost to their reckless ambitions.
The continuity of the state demands functional leadership operating within the legal framework — irrespective of political affiliations or tribal allegiances. The current delegation to Dr. Benjamin Bol Mel represents precisely that: a lawful, pragmatic, and stabilizing act founded on clear constitutional mandate, compelling political necessity, and undeniable institutional realities.
Any effort to politicize this issue or portray it as a conspiracy against one political bloc is nothing more than a desperate attempt to extort the state and destabilize the public order in a dangerously sensitive time.
For this reason, the only rational national position every responsible citizen must adopt is to defend the constitutional order as it stands and reject the opportunistic outbursts that have yielded nothing but chaos and bloodshed. This state will endure with those who bear its burden — not those lurking for moments to exploit it.