Recently, President Kiir partitioned the existing 10 states into 28 to a rancorous respond from some quarters and absolute joy from others. I am not a lawyer so I will not wear myself out howling about the legalities of the affair. However, the intent and the spirit of it are commendable.

Detractors argue that:

(a) the Presidential Order is illegal

(b) it legitimizes tribalism

(c) the budget which is primarily derived from falling oil revenue is unsustainable for 28 states

(d) the President is playing politics and should be more consultative

Those who support the creation of 28 states counter that:

(a) Riek created 21 states which are not legitimate and annexed oil rich areas to his ethnic group

(b) the President is within his constitutional right and procedural steps can be taken to correct any constitutional contraventions

(c) the economy is non -existent and has been dead for few years therefore it does not make a difference.

(d) the President is a politician and can play politics, nevertheless, insiders say that the President had consulted key people from various ethnicities and  states before making his decision. It was not out of thin air.

Both sides present some good arguments of which some are exquisitely expressed nonsense. The serious points are about tribalism and the economy. Any understanding of South Sudan as a nation state has to be based on, and I mean has to be based on the fundamental understanding of the social structure of the people who occupy its territory. The basic political units of South Sudanese society are the tribes. 

The creation of 28 states appears to acknowledge this fact. South Sudanese in their 64 tribes identify more with their clans and tribes first and foremost for various reasons. This is a profound truth we must all acknowledge and work into our system to make it stronger, just and efficient. The existing counties are based on tribes and clans with few exceptions.

Nevertheless, there are few cases where some people have been amalgamated. Like Douglas Johnson pointed out, Wulu is one case where half of the tribe remains in Western Lake State and the other half has been annexed to Amadi State. The similar argument can be made for Raga. I believe the Presidential Order should be modified to accommodate Raga as a state because regardless of whatever criteria (be it 1956 colonial districts, or geographical extent, or tribal composition, or population) they deserve to a state.

The other argument is that the oil revenue cannot sustain 28 states. This notion really depends on one's view whether they see the glass as half full or half empty. According to the Ministry of Finance the total revenue remitted from the federal to state governments in the last budget amounted to 16%. Vast majority of the revenue of the states came from local taxes they collect. For instance, in Jonglei State, total federal funding was SSP 331,877,300.00 of which the three counties of Bor, Duk and Twic East which constitute the New Jonglei State received 16,049,816 as follows:

Bor South County: 7,861,034

Duk County: 3,428,542

Twic East County: 4,760,240

Bor County alone, according to the state government raised more than 8 million SSP in local taxes which amounts to about 50% of the total revenue allocated to three states from Juba. This shows that local taxes are more important than money received from Juba.

Finally, the other points that Kiir is playing politics is utter nonsense. Almost everyone is playing politics and being economically with the truth in South Sudan to suit their narrative. Whatever constitutional abnormalities that might arise out of this should be amicably ironed out.