Is South Sudan Justice ministry an illusion of majestical Justice? By Marial Mach’ Aduot Mach; Australia
NOV. 24/2011, SSN; It may come as an indignation to those self-credited, sycophants and aimless unenlightened civil servants who’s their main credential is prematurely based on the state of misapprehension to read through this paper. This polite, offensive descriptive does not mean the whole South Sudan’s bureaucracy is doomed. Somehow there is light at the end of tunnel, but what about the justice department backed up by unintelligent security services who’s their creed is simply injustice built on a implosive comradeship? My personal position in this article can never warrant any outburst or public disturbance in democratic states governed by law, but in a country where paper and ink are at war with government, I believe this piece of writing may put other paper editors or journalists in hot water or jealousy jail not as a resentment against a rival since the papers are not against the government, but to stop the notion of uncovering witch hunts and bad practices against the people of South Sudan. If that may not be the case, I, the immediate writer might be regarded as an outcast, but I am not bothered by that nor will it affect my unwavering support of the SPLM. As the South Sudanese transitional constitution emphasises democracy, we should all come to terms with criticism not grieve because it does not mean hate-ism. As the democratic intrinsic value is to realise freedom and equality for all citizens, it is a responsibility of any southern Sudanese to condemn and even to know what criminal activity has Ngor Arol Garang, Dengdit and others committed to get them arrested and kept without trial? If there is any crime committed, what conviction is passed against them? If not, why they get arrest for several days for not reason? These simple questions culminate into the worthy question: is South Sudanese Justice department an illusion of majestical Justice? We may not agree an answer assume the rumbling in the throats of Justice’s Minster, Police department and eventually the directors of dictatorial Security services due to unreasonable detentions of journalists and columnists in confinement while awaiting no court decision or convictions. In my view, due to less emphasis in justice department regarding the detentions of journalists and others, the configuration is a disposition of justice. Any explanations regarding why journalists get arrested and then released without charges will not invert a crystal-clear fact that crime against justice has been committed by depriving its custodians irrespective of what they said regarding ‘Nyan Beny’ whatever it is. Dated to our constitution, un-mandatory arrest is a crime against democracy unless the entire system in South Sudan is a decal and brutal system of military insincerity or mockery to democracy. In an infant country like ours whose starting point should have been courage and promotion of tolerance in order to nurture coexistence, confronting citizens with a shocking aspect in contradistinction to democracy is not healthy. Defenders of the lawless rulers in our system will be the first to say it's never easy to achieve this, but a simple conviction to manage this challenge is through democracy and institutionalising the respect of individual rights by deinstitutionalising the infringements of rights through law of good governance. However, in an environment burdened with false assumption like South Sudan were a perceived importance is determined by military ranks, ordinary citizens - unless there is a change of concepts- will remain under the shadows of less impunity especially in law interpreting and imposing. In the countries with rapid and equal justice system, they do not acquire theirs by using force by military cadres nor does it drop from the sky but they adopted a simple procedure leading of democracy and democratisation of political and social aspects. In conferring to democracy as the Winston Churchill put it, “Democracy is the worst form of government except all those other forms that have been tried from time to time”. For a country like South Sudan, notions of democracy may not be perfect norm at the moment, but still its instinct in our imperfect military background is a best option. For instance, if Ngor Arol, Dengdit and others who suffered the brutalities in the hands of their injustices comrades were not southern Sudanese but from other countries with mature democracy, their right to honourable justice should have protected their human rights as it is the core principle of governance in democracy. At the moment I am not predicting South Sudan to be under tyranny but its justices procedures are contradictory to democracy as the deeds challenge the norms of public consciousness. If not corrected rapidly, the fear of brutalities may escalate to the point of affecting the spirit of nationhood and liberation embodied by South Sudanese who see liberation not in term of liberating Oil wealth’s to be looted rather than implementing the principles of equality, representation, participation and accountability guided by the rule of law rather than the rule of the rulers. What can be seen as an effective method is not to impose unlawfulness on innocent people such as recent arrests of private citizens without following the proper procedures of justices, but allowing the justice to grow and function not in uniform, but in civilian’s hands. This may not be an anti-dote to the state of utter confusion and total lack of procedures now in our system sponsored by undivided structure. If the President of the Republic, Gen. Salva Kiir and the SPLM are keen to stop these injustices, there will be not much debate about what to do to avert the situation of unspecified injustices than to democratise all service sectors including the barbaric and brutal security services simply by defining their functions according to the law of democratic procedures in legislature, executive and judiciary despite the variations. The author of this article is a southern Sudanese political graduate at Deakin University; Australia. He can be reach for comments or remarks at [email protected] COMMENTS, PLEASE CLICK HERE Disclaimer: The views expressed above are solely those of the author(s) and do not represent those of the website. -- You received this message because you are subscribed to the Google Groups "South Sudan Info - The Kob" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. 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