Chapter One Presidency of the RepublicArticle 36The President of the Republic
The Republic of Sudan shall have a President elected by the people.Article 37Conditions for Eligibility
To be eligible to become President of the Republic of Sudan, the candidate should be:
1. a Sudanese national;
2. of sound mind;
3. at least forty years-of-age; and not have been convicted of a crime involving moral turpitude or dishonesty in the last seven years.Article 38Elections
1. Every voter in the Republic has the right to nominate a candidate for the Presidency of the Republic, but the candidate must be seconded in accordance with law.
2. The President shall be the candidate receiving the highest number of votes, but not less than fifty percent of the total number of votes cast.
3. If no candidate receives the percentage of votes specified in paragraph 2 of this article, a run-off election shall be conducted between the two candidates receiving the highest number of votes.Article 39Postponement of the Election
If the Public Election Commission decides to postpone the presidential election due to circumstance of force majeure, it must conduct the election as soon as possible. In such circumstances, the incumbent President of the Republic will remain in office and his term will be extended until the elections are held and the new President has taken the oath of office.Article 40Oath of Office of the President of the Republic
The elected President of the Republic shall take the following oath of office: "In the name of Allah (God) the Almighty, I swear to perform as President of the Republic in worship and obedience to Allah, performing my duties diligently and honestly, working for the development and progress of the country and ignoring all personal or fanatical whims. I swear in the name of Allah, the Almighty, to respect the Constitution, law and consensus of public opinion and to accept shura and advice. Allah is the witness of what I say."Article 41Presidential Term
The term of President of the Republic is five years from the date of inauguration and a President may be re-elected only once.Article 42Powers of the President of the Republic
The President of the Republic is the ruler and highest sovereign authority of the country, responsible for the command of the armed forces and other organized forces; ensuring the country's security; maintaining its honor and external relations; supervising foreign relations, the judiciary, justice and public morals, constitutional institutions and mobilizing the country for development, with the following jurisdictions according to the Constitution and law:
1. Appointing the personnel in the Federal offices created by this Constitution;
2. Presiding over the Council of Ministers;
3. Declaring the state of war in accordance with the Constitution and law;
4. Declaring a state of emergency in accordance with the Constitution and law;
5. Initiating amendment of the Constitution, law and providing final approval of the same;
6. Endorsing the rules governing executions, granting pardons and annulling sentences convictions or sentences;
7. Representing the State in foreign relations with other countries and with international organizations, appointing ambassadors; and recognizing the diplomatic representatives of other States;
8. General representation of the government and the public opinion at public occasions;
9. Any other powers provided for in the Constitution or law.Article 43Absence of the President or Vacancy of the Post of President
1. The post of President of the Republic becomes vacant on the following occasions:
2. When the President of the Republic is absent or his post is vacant, the First Vice-President shall temporarily perform the duties of President of the Republic until the return of the President or the election of a new President.
3. If the Office of President is vacant, elections or the President of the Republic shall be held within sixty days from the vacancy of the post.Article 44Vice-Presidents and Assistants
The President of the Republic shall appoint two deputies and two vice-presidents meeting the same requirements of eligibility as are necessary for the office of President of the Republic. He shall also appoint his assistants and Advisors and define their seniority and duties; and each shall take the same oath as the President has taken upon assumption of office.Article 45Criminal Liability of the President and his Deputies
The criminal liability of the President and his deputies is as follows:
1. No criminal proceedings may be taken against the President without the written permission of the National Assembly.
2. Any criminal proceedings taken in accordance with paragraph a shall be brought before the Constitutional Court.
3. Any decision to convict the President of a crime must be approved ratified by the National Assembly.
4. The National Assembly may decide by a majority of two-thirds to remove the President after he has been convicted of a crime of treason or any other crime involving moral turpitude or dishonesty.Article 46Legal Action Against an Act of the President
Anyone harmed by an act of the President of the Republic may make an application:
1. before the Constitutional Court, in cases relating to the constitutional powers of the President or in cases relating to the violation of individuals' human rights stipulated in this Constitution, and
2. before the ordinary courts in any other cases of illegality.
Chapter Two Council of MinistersArticle 47Formation and Authority
1. The Council of Minister is formed from the Ministers appointed by the President.
2. The Council of Ministers is the highest Federal Authority in the State under the Constitution and the laws of Sudan. It decides by consultation and unanimously, or if unanimity that is not possible, by majority. The decisions of the Council of Ministers shall prevail over all other executive decisions.Article 48Oath
The Minister upon his appointment and before taking office shall take the following oath before the President of the Republic:
"In the name of Allah (God) the Almighty, I swear to perform my ministerial duties in worship and obedience to Allah; performing my duties diligently and honestly; working for the development and progress of the country and ignoring all personal or fanatical whims. I swear in the name of Allah, the Almighty, to respect the Constitution, law and consensus of public opinion and to accept shura and advice. Allah is the witness of what I say."Article 49Powers of the Council of Ministers
The Council of Ministers shall undertake the following:
1. General planning for the State, including the establishment of aims, details and implementation.
2. Approve of the most important policies of the federal ministries or area of ministerial responsibility.
3. Undertake the executive or administrative activities of any Ministry or area of ministerial responsibility specified in law or a decision of the Council of Ministers.
4. Initiate legislation approving international treaties and agreements, proposed legislation, provisional decrees, the public budget or any other matter to be referred to the National Assembly.
5. Request reports on executive activities of any Minister and ensure the responsibility of any Minister according to his reports and the policies of the Council of Ministers.
6. Request reports about the performance of any State executive for the purpose of information and coordination of the division of authority between the federal government and state governments.
7. Regulate the conduct of its own work.
8. Perform a political role by making statements or otherwise mobilizing the population to achieve the aims of political and public life.
9. Perform any other function or powers conferred by law.Article 50Ministerial Authority
1. The Minister shall have jurisdiction and powers prescribed by law or delegated to him.
2. The Minister is the highest authority in his ministry and his decisions are supreme in his ministry, except when amended or cancelled by the Council of Ministers.
3. The President of the Republic can suspend the decision of a Minister it has been approved by the Council of Ministers.
4. The federal and state Ministers shall coordinate, cooperate, and compliment each other's roles.Article 51Joint and Several Responsibility of Ministers
1. A Minister shall be responsible for the work of his Ministry to the President of the Republic, the Council of Ministers and the National Assembly.
2. Ministers are jointly responsible for the performance of the executive to the National Assembly.Article 52Prohibition of Commercial Interests
It is prohibited for the President of the Republic or any of the vice-presidents, his assistants, advisors or Ministers to undertake any commercial profession or to engage in any commercial activity during their term of office.Article 53Vacancies
This post of a Minister becomes vacant in the following situations:
1. the President's acceptance of the resignation of a Minister;
2. the dismissal of a Minister by a resolution of the President of the Republic;
3. death of the Minister.Article 54Privacy and Regulation of Deliberations
The meetings of the Council of Ministers are secret and may not be revealed expect with the express permission of the Council of Ministers.Article 55Appeal Against Ministerial Action
Anyone harmed by the work of a Ministry can appeal against an action of a Minister or Ministry:
1. before the Constitutional Court in cases relating to constitutional powers or authority or in cases relating to individual human rights.
2. before the ordinary courts in any other cases of illegality.
Chapter Three State Executive AuthorityArticle 56Conditions for the Nominations of State Governors
1. Each state shall have a Governor elected in accordance with the Constitution and law.
2. The governors shall be chosen from among individuals meeting the requirements for eligibility to the Presidency of the Republic.
3. A college for nomination of the governor shall be established in each state from among members of the National Assembly representing the state, members of the State Assembly, and the Presidents of the Local Councils. The State Assembly shall present a list of six nominees to the President of the Republic two months before the end of the terms of the current governors.
4. The President of the Republic shall select three persons from the names presented to him and then consult the Public Election Commission about their eligibility for the post. If they meet the requirements of eligibility, these three people shall be the candidates for the post of the State Governor.
5. The winning candidate for the post of State Governor, shall be the candidate that has received more than fifty percent of the total number of votes cast.
6. If no candidate receives the percentage of votes indicated in paragraph 5, a second round of elections shall be held between the two candidates receiving the highest number of votes.Article 57Postponement of Elections of Governors
If it is not possible to hold elections for a reasons determined by the Public Election Commission, the President of the Republic may name a State Governor until such time as the Public Elections Commission determines that elections may be held.Article 58Oath of the State Governors
Each State Governors upon his appointment and before taking office shall take the same oath as taken by the President of the Republic.Article 59Terms of Office
The term of office of each State Governor shall be four years and may be re-elected for one term only.Article 61Power of Governors
The State Governor shall have the following powers:
1. To appoint the State Ministers after consultation with the President of the Republic.
2. To preside over the State Council of Ministers.
3. To supervise the general security of the state and to coordinate its good administration.
4. To represent the State.Article 62Individual Responsibility of Governors
The Governor shall be individually responsible to the President of the Republic.Article 63Criminal Liability of Governors
The State Governors have the same criminal liability as the President of the Republic, with the exception that the State Assembly shall replace the National Assembly in so far its responsibilities are concerned.Article 64State Councils of Ministers
1. Each State shall have a Council of Ministers.
2. The provisions of articles 47(2), 48 and 49 shall apply to the State Council of Ministers with the exception of the power to initiate bills concerning international treaties and agreements, and taking into account that the character of State Councils of Ministers as organs of states, that they are submit legislative proposals to the State Assembly.
3. The powers of a State Minister are the same as those of a Federal Minister as stated in paragraphs 1, 2 and 3 of article 50 and taking into account that the State Governor shall be substituted for the President of the Republic in the exercise of these powers.
4. The provisions of article 50 through 55 shall apply to the state executive powers taking into account that the State Governor shall be substituted for the President of the Republic in the exercise of these powers.