Schedule (E)
Residual Powers
The residual powers shall be dealt with according to its nature (e.g., if the
power pertains to a national matter, requires a national standard, or is a matter
which cannot be regulated by a single state, it shall be exercised by the
National Government. If the power pertains to a matter that is usually
exercised by the state or local government, it shall be exercised by the state).
Where a matter is susceptible to Southern Sudan regulation, in respect of the
states of Southern Sudan, it shall be exercised by the Government of Southern
Sudan.
Schedule (F)
Resolution of Conflicts in Respect of Concurrent Powers
If there is a contradiction between the provisions of Southern Sudan law
and/or a state law and/or a National law, on the matters referred in Schedule
D, the law of the level of government which shall prevail shall be that which
most effectively deals with the subject matter of the law, having regard to:(1)
The need to recognize the sovereignty of the Nation while
accommodating the autonomy of Southern Sudan or of the states;
(2)
Whether there is a need for National or Southern Sudan norms and
standards;
The principle of subsidiarity;
The need to promote the welfare of the people and to protect each
person’s human rights and fundamental freedoms.
(3)
(4)
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