South Sudan judiciary and the fate of 4 detained SPLM leaders
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By David M. Abotmatiop
March 22, 2014 - Following the fighting that erupted on the 15th of
December- 2013 in Juba, and continues throughout the 16, 18, 19,
20---- until 2014 up to date, and escalated to Jonglei, Upper Nile and
Unity States has almost fractional brought the new Republic of South
Sudan to the insignia of a total collapse, an episode the Government
of the Republic of South Sudan described as "A failed Coup Attempt by
Dr. Riek Machar - Former South Sudan Vice President, and his
disgruntled Group that alleged to be the senior members of the SPLM".
The incident that happened pinched the red-line for the G4 Cdr. Pagan
Amum Okiech - Former SPLM Secretary General, Gen. Oyai Deng Ajak -
Former National Security Minister, Gen. Dr. Majak D' Agoot Atem -
Former Deputy Minister of Defence, and Amb. Ezekiel Lul Gatkuoth-
Former South Sudan Ambassador to Washington DC and the other Seven
SPLM members who were released on bond by the Government of Kenya, as
an appeal by the Kenyan President, H.E. Uhuru Kenyatta to his South
Sudanese counterpart President H.E. Gen. Salva Kiir Mayardit, based on
the request made by the seven released detainees that their safety in
Juba was not warranty after the Ministry of Justice categorized the
accused coup attempted Politicians into three group, of which the
seven SPLM members were put to group B, and the G4 members were put to
group A Charged with Treason, plus the other three members that the
Government termed to be at large Dr. Riek Machar, Taban Deng Gai and
Alfred Lado Gore.
Based on the Ministry of Justice's committee report, the G4 were
apprehended to face a court trial on the treason charges inflicted
against them, thus a special court comprised of five judges was
instituted by Justice Moulana Chan Reech - the Chief Justice for the
Judiciary of the Republic of South Sudan. The members were ; Moulana
James Alala- the Presiding Head Judge, Moulana George Angar, Moulana
Bol Lul Wang, and the other two senior judges.
The above Judges are fully gazed by the general public to be the most
enormous people with prominent integrity and competency in their long
serving professionalism, hence putting a remarkable credential to the
leadership of Justice Chan Reech and the entire administration of the
Judiciary of South Sudan.
However, this case dole out to be a litmus test for the Brittle
Judiciary of South Sudan and the Fate of the four suspected Detainees
on Treason Charges, therefore challenging the capacity of the judicial
system in South Sudan on how the Special Trial Court is going to
execute the ruling either politically motivated or constitutionally
based on the sufficient true findings and evidences that fully
convinced the court judgments on the legal framework of this Nation.
Moreover, there is a great need for the Government to protect the
torn-image of South Sudan which had been prophecies for elongated
period before the Independent with the intention by the adversary
groups and other non-allies that South Sudanese cannot rule themselves
due to the following;
I. Lack of Democratic Good Governance
II. Lack of Rule of Law and weak Institutions that implement and executed laws.
III. Poor Diplomatic core and weedy Relations with the World
International bodies such as; the UN, USA, EU, and others.
IV. Corruptions and it elements
This is just to mention a few; furthermore, the prevailing trauma
among the people and the tribes of South Sudan as a result of the long
civil war had continued to fracture down peaceful coexistence and
relations of the citizens in this Country. For that reason, making a
firm legitimate court ruling on this elevated profile case that
involves a Dinka, a Nuer and a Shilluk will certainly be unbreakable
benchmark in the history of this country, and will definitely subsist
as an innovative beginning for a total change and reforms agenda in
the entire Republic of South Sudan. By handling this trial case
efficiently within the mandate of the Constitution, it will amend the
existing relinquished and vandalized ragged relations with the
International community, and will also superimpose discoveries of the
new tribe among the citizens, a tribe called the Republic of South
Sudan, a tribe of all inclusivity, a tribe without marks, a tribe
without corruptions, a tribe without minority, a tribe without racism,
a tribe without regions, a tribe without gender discrimination, a
tribe without power abuses, a tribe that we all believed to be our
mother and father, a tribe that God gave all of us (The Great Land of
South Sudanese).
While the G4 endured currently in front of the trial, it is always
assumed that, a suspect is innocent before the court of law until
proven guilty. Unfortunately there are deprived statements coming from
the Hon. Minister of Justice, Paulino Wanawilla on the 19th of March
2014 Gurtong Trust Website saying that, and I quote, "The 11 suspects
including seven released earlier on police bond were to appear in the
Supreme Court on Wednesday, but the trial has since been postponed to
Thursday. They will face either death punishment penalty or 20- years'
imprisonment" said the minister. Citing to this remarks by the learned
Honorable Minister of Justice, this is very regrettable statement from
the most privilege head of the Country's Constitution to recklessly
announce to the general public on the media his illicit intention of
undermining the Roles and the Terms of Reference specified to the
established Special Court. This is a premature unconstitutional
prediction of the judgments, and this might resulted to panel members
being panic without completing their work within the outline of serene
atmosphere exclusive of external pressure and fears, this is a strong
violation of the Transitional Constitution of the Republic of South
Sudan 2011. Awkwardly, the minister is acting out of mind, he is like
an examiner that set the examination, and again leak the answer sheet
to the students, if am told this was the concealed target.
Nonetheless, the public and the world are by now aware of this
intention.
Supplementary to the aforementioned adage by the minister, Part One, 3
1 of the Transitional Constitution of the Republic of South Sudan talk
about the Supremacy of the Constitution, and I quote, "This
Constitution derives its authority from the will of the people and
shall be the Supreme Law of the land. It shall have a binding force on
all persons, Institutions, Organs and Agencies of Government
throughout the Country." Therefore, the accused G4 suspects charged
with treason must be guaranteed fair and equal opportunity before
their Constitution, so as to defend themselves in the court of law
until later proven innocent or guilty. Any impulsive phraseology
upshot and sabotaged the true out-coming of the Special Court Ruling.
Furthermore, according to Part Seven, 125 1 of the Transitional
Constitution of the Republic of South Sudan, and I quote, "The
Judiciary shall be Independent of the Executive and the Legislature",
accordingly, it was an infringement for the minister of Justice to
obstructed with the exertion of the Judiciary by alluding to
irresponsible avowal.
As the trial case persists to be smooth and proficient, the Government
has so far named a shackle of witnesses comprising of more than 13
people, of which all of them are SPLA and Police Generals.
Consequently to the Legitimacy of the Transitional Constitution of the
Republic of South Sudan, Part Ten, 151 2 talks about the status and
duties of the armed forces, and I quote, "The Sudan People's
Liberation Army shall be transformed into the South Sudan Armed
forces, and shall be non-partisan, national in character, patriotic,
regular, professional, disciplined, productive and subordinate to the
civilian authority as established under this Constitution and the
Law". Citing to this clause, it is total out of the law to name a
person in uniform to witness a case before the court of law. It is
totally without a doubt unlawful to witness a case that you in person
investigated.
Nevertheless, the competency that I have personally seen during the
second day of the court hearing is attributed to the five Judges that
are handling the case. I bestow them my high profile respect on their
professional background and vast affluent experiences.
The writer can be reached on [email protected]
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