Embattled South Sudan justice minister challenges parliament’s vetting committee

August 10, 2013 (JUBA) – South Sudan’s newly appointed justice minister, Telar Ring Deng has challenged the decision by parliament’s select vetting committee, which queried his legal background alleging he falsely worked as judicial officer in the past.

The embattled minister, who was earlier appointed legal advisor to the president, but later removed, has now presented president Salva Kiir and former vice-president Riek Machar as witnesses to his legal achievements during South Sudan’s liberation struggle. “Accordingly from the foregoing, I posit that the argument that alleges that I chaired Court Marshall Courts, must fail as it has no basis, based on the brief history I have elucidated herein,” Telar’s legal opinion dated 7 August reads in part. Towards that end, the living witnesses who can attest to these facts is the current President of the Republic of South Sudan Salva Kiir and Riek Machar Teny, who was commanding me under Wolf Battalion, it added. Telar, in the letter Sudan Tribune obtained, also gives a historical synopsis of various roles he played in the country’s liberation struggle between 1984 and 1985, where he chaired the court martial. The 11-member select committee, chaired by Abuk Papiti, has declined to endorse the appointment of the new justice minister, questioning the latter’s academic credentials and demanded that further background checks be carried out on him. But Telar’s letter – copied to president Salva Kiir, Machar and assembly speaker, James Wani Igga – dismisses the committee’s claims alleging that he falsely assumed and executed the functions of a judicial officer during the liberation era. The new justice minister said he joined the Sudan People’s Liberation Movement/Army (SPLM/A) in 1984, and was commissioned to the rank of a Lieutenant, after attending political school in March the same year. EDUCATION BACKGROUND He also holds Bachelor of Arts (B.A) degree in Political Science and Anthropology (pre-law) from United States, and worked for Radio SPLM/A from October 1984 to April 1985, before going for further military training. Telar claims he was appointed a judicial officer while at the rank of a captain in August 1985 by Riek Machar, who by then served as an operation officer in western Upper Nile region. His elevation to a judicial officer, he stressed was “not on grounds of my person possessing a law degree, but because of the military rank as far as the GMC, which at that time didn’t require a law degree”. “My mere chairing of the Court Marshall was due to my rank as a Captain, as Court Marshall is chaired by at least the rank of captain and above, and any decision made there from by the said Court Marshall is referred to the zonal commander, and the said zonal commander forwards it to the C-in-C for confirmation”, Telar wrote. Telar stressed on the political character of the function underlining that the SPLM Penal Code, 1983/4 is silent on the qualifications of who should be appointed to serve as a judicial officer. He also wondered why Machar, a mechanical engineer, was able to preside over many General Court Marshall appellate cases, yet he had no Law Degree. “Accordingly from the foregoing, I posit that the argument that alleges that I chaired Court Marshall Courts, must fail as it has no basis, based on the brief history I have elucidated herein”, his letter noted. He also mentioned the support he has from the president Salva Kiir and the former vice-president Riek Machar who witnessed in his favour in a written letter. “The living witnesses who can attest to these facts is the current President of the Republic of South Sudan, Gen. Salva Kiir Mayardit and Dr. Riek Machar Teny, who was commanding me under Wolf Battalion”, he said. MACHAR BACKING South Sudan’s former vice-president has submitted his testimony to the 11-member committee tasked with vetting the new minister after it rejected Telar’s submission. Machar, in a written 10 August testimony to the committee’s head, confirmed that he deployed Telar under his command as a judge from 1986-1992 with the assumption that he was a qualified lawyer following a directive from late John Garang de Mabior who recommended Telar to Western Upper Nile Zonal area. The 11-member committee for appointments will sit on Monday to determine the fate of South Sudan’s appointed justice minister, who previously served as legal advisor to the president. (ST) Telar Ring Deng’s legal opinion Read also South Sudan parliament shall never be the same again Could Telar Deng be under political witch-hunt?

Attached documents