Justice Minister Appears Before Parliament, Admits Un-Lawful Acts In Lakes State

This article was last updated on May 25, 2022

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The minister was responding to a summon to give an explanation in what the House had described as “breach of the South Sudan Transitional Constitution”.

Parliamentarians have described the political situation in the Lakes State as “volatile”, needs urgent intervention and warned may risk an outbreak of wide increased insecurity situation.

Last week Hon. John Masua presented a motion to the Council of States demanding the Minister of Justice Hon. John Luk Jok to enlighten the House on the compatibility of the removal of the Lakes State former Governor Eng. Chol Tong and appointment of the Care Taker Governor Maj. Gen. Matur Chut Dhuol with the Transitional Constitution of the Republic of South Sudan.

The motion also demanded the Minister to explain why the Caretaker Governor is being kept for over 60 days without elections being organized in a move to democratically elect a new governor as demanded by the Constitution.

According to the House, over staying of the Caretaker Governor for 60 days violates Article 101(r) and (s) of the Constitution.

The House also accused Matur of violating Article 165 of the Constitution in which he reshuffled the State Executive organ, demanded enlightenment on the competence Matur has to shut down the State Legislative Assembly and relief and appointment of Ministers and Commissioners.

In a sixteen paged explanatory document to the House including a legal opinion, Hon. John Luk defensively said the South Sudanese President Salva Kiir has not bridged any article in the Constitution as he is acting under powers vested upon him by the law.

The House has pointed fingers to the President for allowing “breach” into the Constitution by allowing Matur to overstay in office.

However, John Luk defensively told the House that, there is no violation of the Constitution, saying Maj. Gen. Matur is being kept in the position based on what he termed as “doctrine of necessity.”

He said the act is to avoid occurrence of a vacuum in the State at a time when the State faces serious security problems that endanger the safety of the citizens and protection of their property.

He also blamed the National Election Commission’s inability to carry out its mandate due to incomplete establishment of its administrative structures and compounded by lack of financial resources resulting from the general economic austerity situation.

However, the parliament dismissed any blame to the Election Commission, saying the Executive is responsible for the inability of the Electoral Commission, adding it frustrates its effort by not allocating the necessary funds the body wants to run its duties effectively.

Members termed the government way of handling the issue of Lakes State as a “political move” aimed at putting the ruling party SPLM to subside the opposition parties and own the whole system over there. They said this is justified by Matur’s unlawful act of dismissing the Commissioners and appointing new ones.

The parliament also held the executive responsible of the situation in the State, saying the then Governor Eng. Chol Mayay was not given adequate resources; politically and economically to address the situation, referring to the centralization of the police in which the Governor was left with no strong measures to arrest the insecurity in the State.

As part of resolutions passed, the parliament has called for the government to immediately enlighten the public by releasing statement on the situation in the State, warning that without transparency, the citizens will be compelled to take the law into their hands and insecurity will rather increase.

The House also resolved that, government prioritizes allocation of the necessary funds wanted by the Electoral Commission in a bid to run its duties. It also demanded government to prioritize conduct of the gubernatorial bi-elections in Lakes State as soon as possible.

It also demanded the reconsideration of the decision of Maj. Gen. Matur in which he closed the parliament for six months.

John Luk admitted that, Matur’s act was unlawful and that government needs to take move.

The House had raised concern on the current insecurity situation in the State despite the appointment of Matur to office.

South Sudan’s army has been accused of detaining some 130 civilians without charges in Lakes State since February, beating some of them severely, Human Rights Watch (HRW) said on Monday.

Human Rights Watch accuse the governor of Lakes state for ordering the army in February to detain 50 people each from two villages which had been locked in tribal fighting.

“Soldiers rounded up dozens of young men, often detaining others if they couldn’t find the suspects they were seeking, and held them in harsh conditions for weeks or months,” HRW said, citing witnesses. “At least some were severely beaten.”

The government, regularly denies charges of human rights abuses.

Authorities have struggled to set up functioning state institutions since winning independence from Sudan in 2011 under a peace deal ending one of Africa’s longest civil wars.