Machar criticises Supreme Court ruling on Amum’s petition

November 3, 2013 (JUBA) – The deputy chairman of the South Sudan’s ruling party, the Sudan People’s Liberation Movement (SPLM), Riek Machar Teny, has described as “very discouraging” the recent ruling of the South Sudan’s Supreme Court on the petition filed against the party chairman, Salva Kiir Mayardit, by the secretary general, Pagan Amum Okiech.

Amum on 7 August filed a petition against Kiir in what he said was a constitutional violation by his boss and appealed to the highest court in the land to intervene by defending him to regain his civil rights allegedly violated by the president.

Kiir had suspended Amum and curtailed his freedom of movement and expression, banning him from travelling outside the South Sudanese capital, Juba, and speaking to the media.

The two fell out when Kiir felt Amum insubordinates him by the criticism he labelled against him on suspension of the former national ministers, Deng Alor and Kosti Manibe.

The court on 28 October however rejected the petition, saying Amum had not exhausted all the other avenues to pursue his case.

In a statement he issued on Saturday, Machar, also former vice-president, criticised the ruling as well as its procedures.

First of all, he said, the Supreme Court judges should have sat as a panel of nine judges to reach at a ruling in accordance with the constitution, instead of only three who prematurely decided on the case.

He further explained that since Amum’s petition was on matters of constitutional violations of civil rights, involving the president and chairman of the ruling party, there was no any other avenue to exhaust the case besides the supreme court, which is the body that deals with constitutional conflicts.

“The verdict was very discouraging because there was no any other avenue that was available for Pagan Amum to take his case to,” he said, adding that the SPLM party had also failed to resolve such problems which involved the chairperson.

The Supreme Court, he explained, had not done its work and this, he added, is a great concern if such a constitutional court will continue to handle such important issues without seriousness.

“No any other lower court can handle such issues of constitutional matter”, he said, calling upon the lawmakers in the national parliament to be vigilant in making sure that the highest organ of the judiciary plays its role in accordance with the constitution.

(ST)