Sudan 2019 Constitution

Chapter 4. Sovereignty Council

11. Composition of the Sovereignty Council

1. The Sovereignty Council is the head of state, the symbol of its sovereignty and unity, and the Supreme Commander of the Armed Forces, the Rapid Support Forces, and other uniformed forces. It is formed by agreement between the Transitional Military Council and the Forces of Freedom and Change.
2. The Sovereignty Council consists of 11 members, of whom five are civilians selected by the Forces of Freedom and Change, and five are selected by the Transitional Military Council. The eleventh member is a civilian, selected through agreement between the Transitional Military Council and the Forces of Freedom and Change.
3. Over the first twenty one months of the transitional period, the Sovereignty Council is chaired by someone selected by the military members, and in the remaining 18 months of the transitional period, starting from 17 May 2021, it is chaired by a civilian member selected by the five civilian members who were selected by the Forces of Freedom and Change.

12. Competencies and Powers of the Sovereignty Council

1. The Sovereignty Council exercises the following competencies and powers:
   1. Appoint the Prime Minister selected by the Forces of Freedom and Change;
   2. Confirm the Cabinet members appointed by the Prime Minister, from a list of candidates provided by the Forces of Freedom and Change;
   3. Confirm governors of states or provinces, as the case may be, after they are appointed by the Prime Minister;
   4. Confirm the appointment of members of the Transitional Legislative Council after they are selected in accordance with the provisions of Article 24(3) of this Charter;
   5. Confirm the formation of the Supreme Judicial Council after it is formed in accordance with the law;
   6. Confirm the appointment of the Chief Justice, judges of the Supreme Court, and the president and members of the constitutional court, after they are nominated by the Supreme Judicial Council. Until the Supreme Judicial Council is formed, the Chief Justice shall be nominated by the Sovereignty Council;
   7. Confirm the appointment of the Prosecutor-General after he is nominated by the Supreme Council of the Public Prosecution. Until the Supreme Prosecutorial Council is reconstituted, the Prosecutor General shall be appointed by the Sovereignty Council;
   8. Confirm the appointment of the Auditor-General after he is selected by the Cabinet;
   9. Confirm Sudan’s ambassadors abroad upon nomination of the Cabinet, and accept the accreditation of foreign ambassadors to Sudan;
   10. Declare war based on a recommendation from the Security and Defense Council, which consists of the Sovereignty Council, the Prime Minister, the Minister of Defense, the Minister of Interior, the Minister of Foreign Affairs, the Minister of Justice, the Minister of Finance, the General Commander of the Armed Forces, the Prosecutor-General and the Director-General of the General Intelligence Service, provided that [the declaration of war] is ratified by the Transitional Legislative Council within fifteen days from the date of the declaration. If the Transitional Legislative Council is not in session, an emergency session shall be convened;
   11. Declare a state of emergency at the request of the Cabinet, which is ratified by the Transitional Legislative Council within fifteen days from the date of the declaration;
   12. Sign laws passed by the Transitional Legislative Council. In the event the Sovereignty Council fails to sign a law for fifteen days without providing reasons, the law is deemed in effect. If within the same fifteen day period, the Sovereignty Council provides reasons for its refusal to sign, the law is returned to the Transitional Legislative Council which will deliberate on the Sovereignty Council’s observations. The draft law is adopted if the Transitional Legislative Council passes it again; in this case, the Sovereignty Council’s approval is not necessary for the law to enter into force.
   13. Ratify final rulings requiring the imposition of the death penalty issued by judicial authorities in accordance with the law;
   14. Pardon and vacate the sentence or conviction in accordance with the law;
   15. Sign international and regional agreements after ratification by the Transitional Legislative Council;
   16. Oversee the peace process with armed movements;
   17. Issue regulations organizing its activities.
2. For the purposes of this article, “confirm” refers to signatures that are formally necessary for the issued decision to enter into effect. A decision shall enter into effect within fifteen days from the date on which it is submitted to the Sovereignty Council. If the Sovereignty Council provides reasons for its refusal to confirm or ratify within fifteen days from the date on which it receives the decision, the decision shall be returned to the body that issued it to deliberate the Sovereignty Council’s observations. If the competent body issues the decision again, the decision or ratification shall beconsidered legally effective.
3. The Sovereignty Council issues decisions by consensus or, in the absence of consensus, by a two-thirds majority of its members.

13. Conditions for Membership in the Sovereignty Council

The chairman and members of the Sovereignty Council shall meet the following conditions:

1. He is of Sudanese nationality by birth, and does not hold the nationality of any other country;
2. He is not less than thirty-five years of age;
3. He possesses integrity and competence;
4. He has not been convicted by a final ruling from a competent court for a crime related to honor, trustworthiness or financial responsibility.

14. Loss of Membership in the Sovereignty Council

1. Members of the Sovereignty Council lose their membership for any of the following reasons:
   1. Resignation;
   2. Illness that prevents him from performing his duties, in accordance with a medical report issued by a legally accredited body;
   3. Conviction by a final ruling from a competent court on a crime related to honor, trustworthiness or financial responsibility;
   4. Loss of one of the conditions of membership;
   5. Death;
2. In the event a seat on the Sovereignty Council becomes vacant, the Transitional Legislative Council shall nominate a replacement member if the member whose seat was vacated is a civilian, and the General Commander of the Armed Forces shall nominate the replacement if the member is military, and the Sovereignty Council shall confirm the appointment.