South Sudan News Agency

Thursday, Oct 08th, 2015

Last update12:50:07 AM GMT

You are here: News Press Releases

Lawyers for Democracy Regret the Decision of the Supreme Court on Pagan Amum’s Petition

“Who is going to protect the Constitution of South Sudan, if the Justices of the Supreme Court don’t understand that there are exceptions to the exhaustion-of-remedies requirement”.

For immediate Release

Juba, October 29, 2013 (SSNA) -- Today is a sad day in the history of Justice in South Sudan, the Supreme Court, the highest Court in the land acted in fear and favor and issued a decision on 28 October 2013 dismissing the Constitutional Petition field on the 7 of August 2013 by Mr. Pagan Amum against the Chairman of the SPLM Salva Kiir for violation of the Transitional Constitution of the Republic of South Sudan 2011.

It is worth mentioning that God created the universe in (7) days, while this petition took more than two months for it to be dismissed summarily by the Supreme Court of President Kiir. Justice Chan Rec and Justice Ruben Madol were advice by Kiir not to eat the fruits of truth tree to avoid dismissal. 

The Lawyers for Democracy in South Sudan regrets that the learned Justices of the Supreme Court dismissed the petition on the ground that the petitioner hasn’t exhausted all the remedies available to him. Where in South Sudan, any citizen can appeal against a decision on infringement of Civil Rights taken by President Kiir? If not the Supreme Court asked the LDSS.

Today Judgment explain to the people of South Sudan why President Kiir continue to violate the Constitution of South Sudan and Human Rights of its citizens with impunity, why there is no separation of powers in South Sudan, the reason is that the Supreme Court being the custodian of the Constitution doesn’t understand the meaning of the Civil Rights within the context of a sovereign State.

It is a Judicial notice that the Political Parties Act 2012 is not functional in the absent of the Political Parties Council. How can a sober citizen seek remedy from an agency of government that doesn’t exist? Do these members of the Supreme Court reside in South Sudan? How can a Party that isn’t yet registered prescribe to the Political Parties Act 2012?

As with most legal doctrines, there are exceptions to the exhaustion-of-remedies requirement. A party bringing a Civil Rights action under the Bill of Rights is not required to exhaust any remedies before filing suit in the Supreme Court.

In Patsy v. Board of Regents, 457 U.S. 496, 102 S. Ct. 2557, 73 L. Ed. 2d 172 (1982), the Supreme Court held that the plaintiff—who claimed she was denied employment by a state university because of her race and her sex—was not required to exhaust her state administrative remedies before filing her suit in federal court, because such a requirement would be inconsistent with congressional intent in passing civil rights legislation.

Lawyers for Democracy in South Sudan (LDSS)
Juba, Republic of South Sudan

South Sudan Law Society Welcomes the Presidential Pardon with Reservations

South Sudan Law Society Welcomes the Pardon of Peter Abdelrahman Sule, Dr. Lam Akol, Gabriel Tanginye, Gatwech Dual Mabor Dhol, and Simon Gatwech Joak with Reservations

South Sudan Law Society
Access to Justice for All
P.O. Box Private Bag. Juba South Sudan
Tel.: +249 (0) 955073591 / + 249 (0) 955148989 Sat. Phone: +8821644446320
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Press Statement for Immediate release
Date:  24-10-2013

Juba, October 24, 2013 (SSNA) -- South Sudan Law Society (SSLS) welcomed President Salva Kiir’s decision to give amnesty and release Peter Abdelrahman Sule, Dr. Lam Akol, Gabriel Tanginye, Gatwech Dual Mabor Dhol and Simon Gatwech Joak. The Law Society commends the President for pursuing a peaceful approach in resolving problems in the new nation and giving a chance to reconciliation, unity and peace for the betterment of the nation. The President has demonstrated this in the recent past when he granted amnesty to David Yau Yau and his group.

SSLS believes in the rule of law, peaceful transfer of power and change of government through regular democratic elections as the grand norm for any modern state. It reiterates the constitutional preamble which states that South Sudan is to be founded on the pillars of unity, justice, equality, respect for human rights and the rule of law.

The alleged crimes committed by the pardoned persons which culminated into their arrest and detention were matters within public knowledge. As such, the citizens were keen to see due process take place through the   courts of Law as provided under the Transitional Constitution of the Republic of South Sudan 2011 and the Penal laws. While their release is good for unity and peace, it raises unanswered questions of accountability to the victims and also issues regarding the observance of the rule of law in South Sudan.

The Society is concerned that the pardoned persons had been detained without a fair trial for which they were entitled to.   Also, their Constitutional rights to be produced before a competent court and to a fair, speedy trial were violated.

SSLS is concerned that the rule of law cannot be upheld and human rights respected unless all arrested suspects irrespective of their status in South Sudan are brought to book and accorded a fair trial in the competent courts of South Sudan within a reasonable time for justice to be seen as done as required by law.

The Amnesty granted to these persons is a precedent that may be followed by persons who   try to overthrow the government in the future or by those who will violate human rights. The constitution of South Sudan provides for equality before the law and therefore citizens who do not comply with the law should be subjected to the force of the law for there to be justice, rule of law, peace and prosperity of the country.

It will not surprise South Sudanese if the released persons file a civil suit against the government of South Sudan in the courts of law for false imprisonment reason being that they were arrested for offences for which they were never charged or arraigned in court.

SSLS recommends that the South Sudan National Legislative Assembly enacts an Amnesty law which will clearly stipulate the conditions to be fulfilled in order to receive amnesty. Among others, that the person should take responsibility for his/her criminal acts, admit to the commission of the crime and offer a sincere apology while committing never to repeat the same acts again. This will ensure accountability.

The society further recommends that “the Amnesty law” put strict qualifications for amnesty so that future perpetrators of human rights violations and those intending to unlawfully   overthrow the government are held accountable for their actions in the courts of law.

For more Information, you can contact Communications Office-SSLS:

Peter Gai Manyuon
Senior Information and Communications Officer,
 South Sudan Law Society-SSLS.
Telephone +211(0)956257038, +211(0)912230674

Lawyers for Democracy Congratulate the People of Abyei for Their Firm Stand After the Failed Attempt by Kiir and Bashir Summit in Juba

Lawyers for Democracy Congratulate the People of Abyei for Their Firm Stand After the Failed Attempt by Kiir and Bashir Summit in Juba to Abort the October 2013 Referendum

“If God is with people of Abyei, who on earth will be against them”

For immediate Release

Juba, October 23, 2013 (SSNA) -- President Kiir and Bashir summit on Tuesday 22 October 2013, is a failed attempt to abort the determination of the people of Abyei to conduct the Referendum in October 2013, in accordance with the Abyei Protocol signed in 2004 and AU promise. People of Abyei started registration and ready for vote.

The Lawyers for Democracy in South Sudan call on the people of South Sudan to support the people of Abyei spiritually, morally and financially for the successful conduct of this important vote for the nine Dinka Ngok chiefdoms, which will take place on October 2013. In less than a week, the electorate of Abyei will go to the polls to decide their fate.

Very little has been said in reference to the referendum of Abyei from both sides of the summit in Juba. But one fact which isn’t in doubt, is that the people of Abyei will vote for yes and be part of the Republic of South Sudan, let us see if Honorable Michael Makuei ‘s Government will reject the outcome.

Lawyers for Democracy are deeply concern with the statement of the spoke person of the Government of South Sudan “virtually no chance”. There is certainly cause for concern amongst the ranks of Kiir cabinet about the referendum in Abyei. After the bows they have made before Bashir in Juba.

The question of what would happen if Abyei referendum is conducted in October 2013 is a difficult one to be answer by Honorable Michael Makuei, but the people of South Sudan through their Parliament must have the answer. We call upon the People’s Parliament of South Sudan to exercise their supremacy and put an end to suffering of the people of Abyei.

The problems Juba and Khartoum could face are multiple. But Oil shutdown is on top of them, as a result of the vote, and this what drive Kiir government crazy, they think this is certainly a risky strategy and lacks any real credibility, Kiir and Bashir share a view.

Lawyers for Democracy in South Sudan understand that under the current government of Kiir they would continue to receive the 2% percent of Oil revenue this is not the thinking of Abyei People who are serious about finally taking control of their own destiny.

The vote on Abyei on October is extremely serious which the summit of Kiir and Bashir has failed to address adequately.  The NCP may have secured the power in Juba to force honorable Michael Makuei to abort the exercise.

But they have failed to present clearly their picture on how to convince the people of South Sudan in General and People of Abyei in particular on how the communiqué of the summit would fit into two Sudan. Until they do, Kiir and Bashir proposal is doomed to failure, and Makuei Statement to political irrelevance.

(If the International or regional community are not willing to midwives the referendum in Abyei, the traditional birth attendance will do their novel duty for history to be made on October 2013).

Lawyers for Democracy in South Sudan (LDSS)
Juba, Republic of South Sudan

More Articles...

Page 91 of 183

Our Mission Statement

To bring the latest, most relevant news and opinions on issues relating to the South Sudan and surrounding regions.

To provide key information to those interested in the South Sudan and its people.