General and Transitional Provisions

Article 149. Salaries and emoluments
The law shall prescribe the salaries, emoluments, privileges and remuneration pertaining to the President of the Republic, his two vice-Presidents, assistants and advisers, the Speaker and members of the National Assembly,Governors, federal and State ministers, and advisers, members of the State Assemblies and holders of other constitutional posts.

Article 150. Repeal and saving
(1) There shall be repealed as from the date of the Constitution coming into force all the Constitutional Decrees.
(2) Notwithstanding the provisions of Sub-article (1), the 14th. Constitutional Decree ( Implementation of the Peace Agreement ), 1997, shall remain in force, and shall expire upon termination of the transitional period mentioned therein.

Article 151. Constitution coming into force
The Constitution shall come into force after approval by the people in the referendum on the date of signature by the President of the Republic.

Article 152. Amendment of the Constitution
(1) The President of the Republic, one-third of the members of the National Assembly or one-third of the States' Assemblies shall have the right to propose amendment of the Constitution.

(2) The National Assembly shall pass the text of amendment by the majority of two-thirds of members and the amendment shall come into force.

(3) The text of the amendment passed in accordance with Sub-article (2), shall not come into force where it amends the provisions of the basic fundamentals, save after the same is also passed by the people in a referendum and signed by the President of the Republic. The basic provisions and fundamentals are :-
  1. Islamic law and the legislative consensus of the people by the referendum, the Constitution or custom are the prevalent sources of law;
  2. the human being has the freedom of creed and worship, and the citizen has the freedom of expression and the organization of political association, in accordance with the provisions set out in this Constitution;
  3. the country is governed in accordance with a federal system, wherein powers and financial resources are divided between federal and States' organs and States thereby exercise their share of powers independently in accordance with the Constitution;
  4. the system of leadership is presidential, wherein the President of he Republic is elected as symbol of the State, a leader of the executive organ and a participant in legislation;
  5. the authority of legislation and control of execution is exercised by an elected National or State Assembly with respective competence, and the President of the Republic or the Governor participates therein. The general referendum may exercise legislation according to the Constitution and law;
  6. the judicial and justice system exercise their function independently to settle disputes and has a supreme power to consider and decide the constitutionality of laws that affect the balance of the federal system or the constitutional freedoms, sanctities and rights;
  7. the Southern Sudan has a transitional system for a term, during which the same is federal and co-ordinatory for the Southern States, and shall expire by the exercise of the right of self-determination .
Article 153. Continuation of offices, organs and laws
(1) The President of the Republic, who is incumbent upon the Constitution coming into force shall continue with functions and powers in accordance with the Constitution, and his tenure shall expire by termination of the term of five years as of the day of his assumption of Presidency.

(2) The National Assembly in power upon the Constitution coming into force shall continue with functions and powers in accordance with the Constitution , and its tenure shall expire by the end of the term of four years as of the day of convening the first sitting.

(3) The Governors who are incumbent upon the Constitution coming into force shall continue in office with functions and powers in accordance with the Constitution, and their tenure shall expire by the end of the term of four years as of the day of assumption of governorship .

(4) The States' Assemblies in power upon the Constitution coming into force shall continue with functions and powers in accordance with the Constitution, and the term of each Assembly shall expire as the President of the Republic may decide.

(5) Until the issue of new measures in accordance with the provisions of the Constitution, all laws shall continue, and all current constitutional organs, and all persons holding public offices or posts shall continue to exercise functions and powers in accordance with the Constitution