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Sudan Tribune

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S. Sudan lawyers says dismissal of judges “un-procedural”

September 21, 2017 (KAMPALA) – A South Sudanese lawyer has described as “un-procedural” President Salva Kiir’s recent move to dismiss the country’s lawyers and judges following a strike over pay.

South Sudanese judges (photo RSS ministry of Justice)
South Sudanese judges (photo RSS ministry of Justice)
Wani Santino Jada, currently based in Tanzania, said Kiir’s decision was an attack to the independence of the country’s judiciary.

He also called for reforms within the judiciary of the young nation.

Jada accused Kiir for allegedly destroying the country’s judicial system by “encouraging corruption”, which needs to be eradicated.

“President Kiir decree is a mockery to rule of law and unwisely thought of? The president should resolve the judges and justices issues immediately, going for work with empty stock, couldn’t afford to pay the medical bill and requiring one to go for work months without payment is a modern slavery,” Jada said in a statement.

The lawyer urged parliament or the South Sudan leader to revoke the decree and pay all that the judges’ demand, in addition to reinstating those interested in continued work as judges and justices.

“The President has no authority to dismiss any member of the justices or judges. The dismissal will be with a recommendation from the disciplinary board after being heard, the president under Article 101(c) of the Transitional of the Republic of South Sudan has authority to appoint constitutional and judicial post holders in accordance with the constitution and the law,” said Jada.

He added, “But once the judiciary has been established or constituted the president’s hands is tied, he has no authority or powers to dismiss any of the judges or justices without recommendations from the judicial services commission and the grounds on which one has to be dismissed needs to be stipulated”.

Meanwhile, the South Sudanese lawyer condemned in the strongest term last week’s arrest of a colleague who challenged the election of South Sudanese lawmakers to the East African Legislative Assembly (EALA), calling for his immediate release from detention.

(ST)

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