S. Sudan’s opposition parties rejects chief justice chairing 28 states case

February 11, 2016 (JUBA) – The national alliance of 18 South Sudanese opposition political parties have rejected chief justice, Chan Reec Madut, from chairing the petition seeking suspension of the 28 states created by the presidential establishment order. They have charged him for compromising the institutional impartiality.

Advocates for the national alliance of opposition parties told journalists on Wednesday in Juba that the hearing of their case should be presided over by someone else from the judiciary and not the chief justice, Madut, whom they said would not be impartial having already approved the creation of 28 states.

The President of the South Sudan’s Supreme Court, Madut, sent out a “congratulatory message” published by local newspapers and broadcasted by the state-owned South Sudan Television (SSTV) in Juba “on behalf of his Aguok community”, a section of ethnic Dinka in Warrap state and “on his own behalf” to President Salva Kiir for creating 28 states.

The congratulatory message, copy of which was seen by the Sudan Tribune at the time and which denied doing it on behalf of any institution reads: “Your excellency President of the Republic Salva Kiir Mayardit, I, the Chairman of the Aguok Community in Juba, Justice Chan Reec Madut on behalf of the entire Aguok Community and on my own behalf seize to take this opportunity to congratulate you for your bold decision for the creation of Gogrial State among others.”

Madut was welcoming the 2 October presidential establishment order abolishing constitutionally recognized 10 states despite signing peace agreement with the armed opposition in August 2015 on the basis of the 10 states.

The order received mixed reactions from different segments of the population of the country. While it was welcomed by a section of people from some states in Bahr el Ghazal region from which the president Kiir comes, reactions from the two regions of Upper Nile and Equatoria preferred the delay, asserting creating more states was not the priority as the country needed to settle the conflict first.

Lam Akol, leader of the alliance of 18 political parties told reporters on Wednesday the court has scheduled the sitting on the matter to 18 February to consider their petition against the chief justice.

Akol said the case should be presided over by someone with no conflict of interest in the matter.

Agok Makur, one of the leading advocates for his group, also told reporters that their clients have registered a legal concern which they examined and brought to the attention of the judicial system.

“As you may have heard, the court yesterday (Wednesday) listened to the response from the defence lawyer and we responded to a petition presented by the ministry of justice in the previous court hearing. Of course, the point emphasizes about our petition that we presented against the chief justice to step down from chairing the court hearing,” Makur told Sudan Tribune on Thursday.

He said the chief justice had already taken side of President Kiir in the matter and should not be trusted to rule over the petition with impartiality.

The group presented a petition calling for the revocation or suspension of the unilaterally created 28 states, which the parties to the peace agreement have condemned as a violation of the peace deal.

The opponents also said the decision a recipe for conflicts as lands have been taken away from some communities and given to the Dinka community in Upper Nile and Bahr el Ghazal regions.

(ST)