Citation(s) from the GunPolicy.org literature library

King, Benjamin. 2014 ‘Existing National Legislation and Regulations pertaining to Surplus Management and Disposal.’ Excess Arms in South Sudan: Security Forces and Surplus Management; Issue Brief No. 6, pp. 6-7. Geneva: Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva. 1 April

Relevant contents

In view of the lack of comprehensive legislation on surplus management,(19) each of South Sudan's security forces are governed by a set of acts and regulations that provide only a few indirect rules on surplus management.

The Police Act 2009, for example, provides little guidance on surplus management. Its sole contribution assigns personal responsibility to those issued with or responsible for managing weapons (GoSS, 2009b, arts. 44(1-2)). This responsibility covers the storage facility and contents (art. 44(2)). Failure to keep these items safe is a criminal offence (art. 66(1)), as is disposing of state property (including weapons) without proper authorization (art. 68)…

The Southern Sudan Police Service Regulations 2010 (SSNPS Regulations) lay some foundations for surplus management, including procedures for handling 'excess'. For instance, they include basic storage requirements (such as storing ammunition and weapons separately) (GoSS, 2010, arts. 55-56), although none of the provisions is specific to storing excess or surplus.

The SSNPS Regulations also contain substantive measures conducive to monitoring the quality and condition of arms. If followed, these regulations could offer SSNPS officials the information needed to identify non-serviceable weapons and to calculate surplus. According to the regulations, each police headquarters and unit under its supervision is to maintain a 'gross' registry of every arm received, issued, and remaining in its holdings (GoSS, 2010, art. 52a). The registry should include identification information pertaining to each firearm and its parts (bolt, barrel, and 'metallic' number), as well as to the officer allocated and the unit (GoSS, 2010, art. 52d). The condition of the equipment should be categorized as well as 'Good', 'Fair', or 'Damaged' (GoSS, 2010, art. 47a). The unit head then recommends that all 'Damaged' items be condemned (GoSS, 2010, art. 54a). Once referred for 'condemnation', the Arms Unit must inspect the weapon to determine if repairs or 'condemnation' is necessary (GoSS, 2010, art. 54c). It is unclear whether the 'condemned' status then requires destruction or other actions to be taken. Periodic stocktaking at the unit level and yearly audits by state and national authorities would generate accurate registration at the national, state, and local levels (GoSS, 2010, arts. 59-60). Storekeepers must report all items deemed as excess— implicitly including small arms—to the Inspector General of Police (IGP) for inclusion in in its annual stock-taking report (GoSS, 2010, art. 51c).

No equivalent regulations were found relating to the Wildlife Protection, Prisons and Fire Brigade services.

Sources:

19) Author's interviews with SSNPS, Prison, Fire Brigade, and Wildlife logistics officers and representatives, including members of the Arms and Ammunition Working Group, 15–18 August 2012.

Government of South Sudan (GoSS). 2009b. 'The Southern Sudan Police Service Act, 2009'. Juba: The Laws of Southern Sudan.

Government of South Sudan (GoSS). 2010. 'Southern Sudan Police Service Regulations'. South Sudan National Police Service Website. http://southsudanpolice.net/?p=88

ID: Q8494

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