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Business community backs Supreme Court rejection of Amum’s appeal

November 3, 2013 (JUBA) – The business community in South Sudan has backed the country’s Supreme Court for ruling against an appeal by Pagan Amum, the suspended secretary-general of the ruling Sudan People’s Liberation Movement (SPLM).

SPLM secretary-general Pagan Amum (AFP/Getty)
SPLM secretary-general Pagan Amum (AFP/Getty)
Amum filed a petition in the Supreme Court on 7 August, accusing the party’s leader, Salva Kiir, of violating the country’s constitutions when he suspended him and curtailed his freedom of movement and expression in reaction to his criticisms on how the president was handling national issues.

On 28 October, the Supreme Court rejected Amum’s petition on the grounds that he had not “exhausted all the remedies available to him”.

The Supreme Court judgement has been welcomed by the South Sudanese business community.

South Lual Bol Kuan, a spokesperson for the South Sudan business group, says the business community supports the Supreme Court judgment.

“We want to extend our sincere thanks and appreciation in regards to the decision taken by the Supreme Court of the Republic of South Sudan. The court reflected the will of the people of South Sudan, particularly the leadership and the entire membership of the SPLM”, said Lual Bol Kuan, a spokesperson for the South Sudan business group, in statement extended to Sudan Tribune on Sunday.

Speaking on behalf of the business community, Kuan also praised the leadership shown by resident Kiir.

“On behalf of different business groups in this country, as their spokesperson, I would like to register our sincere thanks and appreciation to our leadership, particularly our president, General Salva Kiir Mayardit, for demonstrating leadership even when his authority was undermined and allowing the court to make an independent decision”, he said.

According to Kuan, utterances attributed to Amum in the media criticising Kiir showed his disloyalty to the leadership of the SPLM and promoted enmity in the rank and file of the ruling party.

In support of the Supreme Court ruling, the spokesperson of the business community said

As much as the constitution of South Sudan allows for freedom of speech, Kuan said there is a legitimate limitation to this right, particularly in instances when one is deemed to be promoting violence and enmity.

According to Kuan, Amum should have followed established administrative channels within the SPLM to share his grievances instead of resorting to using the media.

“Even in America, which portrays itself as the supporter of democracy, they address their internal differences within the established institutions”, he said.

CONSTITUTIONAL VIOLATION

However, business official Elijah Diing Deng said even if Amum acted like someone in the opposition, he still has the right to freedom of expression and movement.

“I do not approve the decision that limits his movement because that in itself is another violation of the constitution of the Republic of South Sudan. I do not want our government to correct a wrong act with another illegal act”, said Deng.

“I know comrade Pagan Amum acted like someone in the opposition but that is not the way to make correction. He should only be suspended from his position and allowed to move freely like anyone, whether he wants to travel outside the country or inside”, he added.

Deng expressed fears that disunity within the governing party could have a bearing on foreign investment in the country.

“Our leaders think this situation does not go beyond the leadership wrangle, but as [a] business community, we feel the link and threat to business activities. It encourages fear and uncertainty, thereby affecting investment opportunities in the country”, he said.

Deng’s view was supported by Garang Mawien, a native of Northern Bahr el Ghazal state currently on a visit to Juba. According to Mawien, it is unconstitutional to limit Amum’s movement and right to freedom of expression.

“Our transitional constitution, particularly article 24 (1) states clearly that every citizen shall have the right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudices to the public order, safety or moral as prescribed by law. This means that the freedom of speech and expression has to be guarded”, said Mawien in an interview with Sudan Tribune on Sunday.

According to Mawien, under the constitution, any citizen has “a right to say anything in any form; whatever he/she likes about the government or its measures; by way of criticism or comment, so long as they do not incite people to violence against the government”.

Mawien observed that the president had been misled in banning Amum from travelling outside of the country.

“Much as I agree with the decision of the president to suspend the secretary-general of the SPLM over misconduct, I think it was not right to deny his movement. The president may have been misled in this area”, he said.

Mawien points to article 27 (1), which he argues grants citizens the “right to freedom of movement and the liberty to choose his or her residence except for reason of public health and safety, as shall be regulated by law”.

He also notes that article 27 (2), states that “every citizen shall have the right to leave and return to South Sudan”.

(ST)

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