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

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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.

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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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  • 22 September 09:18, by Eastern

    Kiir and his clueless followers must be made to know that joining any organised body entails abiding by certain laws and regulations. Kiir cannot be everything in South Sudan.

    repondre message

  • 22 September 10:12, by Deng Marham

    Eastern, Whom do you think is the right person with perfect powers among these top politicians we have in the country?

    repondre message

    • 22 September 10:56, by jubaone

      Kiirminal has twisted logic on state organs and how they function. He mixes up the executive, judiciary and legislature (parliament) without any bit of understanding. He wants to be the head of the executive, of the legislature and of the judiciary all at the samt time. This is nothing but "cattlecamp mentality"; stupid, worthless, lawless and backward.

      repondre message

    • 22 September 11:38, by Eastern

      Deng Marham,

      Kiir wants to be EVERYTHING in South Sudan. Kiir was commanding armed men who take orders. Kiir doesn’t have any clue in running a country: he criticises the UN, AU, etc. I am not proposing an individual politician, but what I want is for Kiir to CEDE POWER; the power in the hands of Kiir are too much for him to safely manage. I am in Nyamlel, let’s talk this further over lunch...

      repondre message

  • 22 September 11:06, by Don-Don Malith Rual

    "Lawyers urged parliament or the SS leaders to revoke the degree & pay all that judges demand, in addition to reinstating those interested in continued work as judge n justice"

    "The President as no authority to dismiss any member of the the justices or judges" This is totally complete jokes!Something is wrong here folks, how can you demand the Gov. of the day to pay you, and you claim for

    repondre message

    • 22 September 11:15, by Don-Don Malith Rual

      independence of the judiciary systems and you spected president to having no say in dismissing any member of justices or judge, you need to be independence judiciary
      first before you have a voice or else just wait for the judiciary to be establish as some one put within this article, Article 101 C and so will not work at the movement
      Let’s applied used of common sense law here

      repondre message

      • 22 September 11:41, by Eastern

        You people gave too much power to Kiir, a man without any experience running a state. Kiir has been a rebel for more than half his troubled life. He may as well die a troubled man....Kiir cannot be everything in South Sudan. Yes, the judiciary needs independence from the executive excesses...!

        repondre message

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