Home | News    Thursday 14 March 2013

Senior judge quits over nepotism and ineptitude of South Sudan’s justice system

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March 13, 2013 (JUBA) - A high ranking South Sudanese judge, John Clement Kuc, has resigned, accusing Chief Justice, Chan Reec Madut, of nepotism and the judiciary as a whole of lacking transparency and incompetency.

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South Sudan Chief Justice Chan Reec Madut (hirondelle)

Earlier this month Madut was forced to deny that nepotism had a role in his decision to appoint one of his daughters a legal assistant.

In his resignation letter to President Salva Kiir Mayardit, Kuc said Madut’s leadership lacked clear direction, strategic guidance and policies, resulting into confusion.

He said he was also resigning due to a hostile working environment created by interference with the court by the executive branch of government, which he said hinders the court from operating independently and impartially.

“I want to inform the president and the public through the media that I have resigned. I have submitted a letter of resignation to the president through [the] chief justice. There are a lot of reasons in the letter. One of the reasons is that there has been undue influence and interference with the operation of the court by some elements which is ethnically unacceptable. Some people do not show a respect to judges. They make intentional, malicious, and slanderous statements about judges in order to frustrate their efforts”, Kuc told reporters on Wednesday.

In his letter, Kuc insisted that South Sudan’s Transitional Constitution gives judges clear and well defined authority and power to make rules for the administration of the court’s business, but the environment makes this impossible.

"There are employees with criminal records who are employed and allowed to serve. This creates an environment in which it is difficult to trust courtroom personnel. As a judge, I have no desire to continue in a position where I cannot be trusted to make independent and credible ruling. I do not want to continue in a position where operation of the court is hindered by directives by persons within the executive branch of government using the judiciary as a rubber stamp institution”, he explained.

He said that the people of South Sudan wanted an “independent, competent, trusted and accountable judiciary that administers justice for all” and the core function of the judiciary according to the constitution is the administration of justice through resolving disputes between the individuals and between the states and individuals, interpret the constitution and the laws of South Sudan.

However in the current situation, Kuc said, the "rule of law has been replaced with [the] rule of tyranny".

He expressed thanks and appreciation for period he served the people of South Sudan dating back to when he served in the former rebel controlled areas, during the over two decades of civil war between the north and South which ended with the signing of the 2005 peace accord.

“I am thankful for having had the opportunity to have served this country at the time when my service was greatly valued and showed respect. I know we are in difficult period which I hope will be overcome with patience but it is unacceptable to take advantage of the situation. It is therefore my since hope that these issues will be addressed and corrected so that those who are not qualified to service in their current positions by incompetence or those with criminal records, should not be allowed to continue working in position of trust," he explained.

Kuc added, "Doing so erodes public trust in the judiciary. It is also my desire that whoever is appointed to the position of judge should be allowed to operate independently, without interference from another branch of government.

(ST)

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  • 14 March 2013 07:56, by Tong dut

    We are tyred of those old fathers of our, let him wait for his time to die only, normal death with his corruption and nepotism.

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    • 14 March 2013 09:05, by Malou Manyiel

      The most weakest part in all of our government’s organs is judiciary system. The weaknessess of the judiciary system in South Sudan is the cause of all crimes and high level of corruption in our country. Judge Clement Kuc has a right to resign.

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      • 15 March 2013 08:49, by mudfish

        yes bro i agree with you,most weakest part in Government of South Sudan is Judiciary.
        so that is desperate and luck of Nationality in the Country.

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    • 14 March 2013 12:24, by okucu pa lotinokwan

      Nepotism is the main and anoter rebel in all the govt offices in South Sudan,National,state and county level.If the president has failed to address on these no any development will been seen in the south Sudan,but corruption will be many in any govt offices.
      OKUCU PA LOTINOKWAN

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    • 15 March 2013 06:15, by Monydit

      Thanks to Mr. Kuc for shouting, there is nothing you can do other than resigning because it is an organised gang, Kiir as president, Nial as deaf and lazy foriegn minister, Koryom as bank governor, Gang Gengdit as indirect interior minister, Chan Rec to protect them as chief justice and the list goes on...

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  • 14 March 2013 07:59, by Fundamental Change icon

    I don’t blame Reec Chan Madut after all he is simply emulating the activities of his father (Kiir).First of all do we have law in this Country? if yes,what have been done to the 75 who robbed the 4.2 billions? Not only that what has been done to the Komiru land grabbers and murderers?We are simply having the Judiciary and the legislative to blindfold the international community."DICTATORSHIP".

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  • 14 March 2013 08:34, by Dinka-Defender-General

    Guys, what’s wrong if Justice Chan Reec Madut hired his daughter if she’s qualify to perform the job? Can somebody tells me what I miss here? In my opinion, there’s nothing wrong hiring your family member if she/he is qualify. Any good reasonable person will understand it. At least, he doesn’t take country moneys for personal use or give them to his families. Madut is a great guy with integrity

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    • 14 March 2013 08:59, by Gat-khir

      My dinka defender
      There is nothing wrong hiring his daughter so long as she is a qualified citizen of this country. But this appointment could have been through competition and hand-picking. there are many law graduated who are even senior and better in experience and knowledge in law but they are roaming here in juba without proper jobs. She graduated yesterday and she there today. what is this?

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    • 14 March 2013 10:22, by Joseph

      Hi Dina-defender, i know you must be related to justice Madut. But pliz read books of administration & management. In any leadership you do not need to recruit your own immediate relative to work with you. This is because he/she will undermine her/his colleagues thus, reducing you trust and tarnishing your good image. The daughter of Chan can even pee on her colleagues because she is unbogable.

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    • 14 March 2013 10:28, by 4Justice

      Dinka-Defender-General,
      What are you trying to achieve with such a provocative alias? are you one of those menacing cattle herders loitering in Salva’s compound?

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    • 14 March 2013 11:41, by majok akol

      to mr dinka defence
      madutis the great guy with integrity.....can you tell me atleast one thing that madut chan have achieved ever since he have been in this position. am not well please with p’ple who praise wrong guys in this government

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      • 14 March 2013 17:29, by Dinka-Defender-General

        Well guys, I would agree with both of you if Chan handpicked his daughter to justice. just to be clear. I don’t know Chan and I’m not related to him in anyway. I don’t support any corruption or handpick type of thing. I would disagree with resignation of Senior Judge from his position because Chan handpicked his daughter. Why running away when he can stay and fix it. Akol, Chan is less corrupt.

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    • 14 March 2013 11:59, by Majongdit

      Dinka-Defender General, Do you think you are the only Dinka? Please note that are other Dinka who do not die of famine or fear no war. John Clement Kuc Achol is a Dinka from Yirol, Lakes State.

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    • 14 March 2013 14:47, by Morthon Akol

      My dear, am really very confuse about this resignation of Mr Kuc. is it because Justice Chan Rec appoint his daughter as a legal assistant? if we talk about what so call qualification for example am just a fresh graduate how can i become qualify while am not doing anything? i should be employee first than i can get qualification through my work.

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  • 14 March 2013 08:34, by John N

    congratulation Justice John Clement.
    is your right to express out what is wrong in country and we session from all sudan because we need rule of laws no interferenanes from government branch.
    but kiir

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    • 14 March 2013 10:28, by Joseph

      Many thanks Justice John Clement. That is a good move. I wish any body who feel SPLM is oppressing him/her or a corrupt government should resigned the way you have done. Kuc you are the only person who has understand our suffering under this totalitarian government. Go back home in Yirol East and GOD will reward you in any way possible. hurricanejoseph@rocketmail.com

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  • 14 March 2013 08:39, by cbuongdit cholkua

    Wow!!! this particular case must be given a name as "CIVIL LAW vs MARSHAL LAW" In my opinion, I think mr.Kuc has every rights to resigned acording to his resignation letter to the president. Because there should be a law that differtiates the Civil administrations and the central government.But I’m still skeptical about mr. Kuc he might have something that he want to recover up. What makes him-

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    • 14 March 2013 10:53, by History has Records

      If any body approves Reec’s decision of APPOINTING his daughter as a Legal Assistant and deny that it isn’t Nepotism, He/she has a genuine and special kind of gifted stupidity and i’m a staunch admirer of such a personality, Mr Reec, i have now more clearly doubted your "legal system" do you read the constitution and keep it as a paper or you implement it?

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  • 14 March 2013 08:44, by wang

    Mr. Reec Madut, you can’t justified your guilt by accusing your co-workers for their criminal records, of course they might have ones, but it wouldn’t take way the what you had done from the eyes of Southerners. If your accusers have criminal records, then how they obtain those positions at first places? Who hired them or if these criminal are those in corruptions lists then blame Kiir for not fir

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  • 14 March 2013 08:45, by wang

    Who hired them or if these criminal are those in corruptions lists then blame Kiir for not fire them- it’s not their faults

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  • 14 March 2013 08:48, by cbuongdit cholkua

    resigned this time? is it his first time to see things happening that way in the SS GOVT? And if so, which one longer, is it the length of times that he served during the war or the time had during the independent?

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  • 14 March 2013 09:54, by Ajongtar

    No need for you to resign John Clement, you are one of the sinior judge who have contributed alot during the strugole.
    You could have continue with these selfish nepotised warap people while teaching them about the low.

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  • 14 March 2013 10:05, by 4Justice

    Salva is really bad news, the man needs a ear surgery to remove blockage. His level of stupidity is just unbelievable, every day is like a passenger in a car driven by a blind, deaf and drunk driver - absolutely terrifying!

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  • 14 March 2013 10:23, by New Government

    you guys.
    kiir is ever silent over any corrupted leaders which mean he is the top corruptest in the country.
    Chan Reec will never mind because kiir is behind full stop.

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  • 14 March 2013 10:37, by Gabriel Ajak

    I don’t understand what my brother Kuc claiming for, is it because Madut has appointed his daughter as a legal assistant? if that the case the daughter also having the same career and at the same time she qualified to be in that position.
    If that what you reign for,can be related with the say say the lady was on her way to cry before the child died so you was on your way to reign not because of th

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    • 14 March 2013 11:02, by History has Records

      Civic Education is not complete for some peopele, APPOINTING your own daughter is wrong, LET HER COMPETE TOGETHER WITH OTHER PERSONS, IF SHE IS MORE COMPETENT AS YOU FALSELY believe, you will have no fears to put her on such a proces.

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  • 14 March 2013 11:13, by Mach

    • Congratulations with all you have achieved Mr John Clement Kuc.
    • Improvements is not far away when such folks like you resigns.
    • It is an endless suffering for our people to endure a pain of being lead by a deft and blind governance’s system.
    • What a shame to have a country without leadership.

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  • 14 March 2013 11:33, by nhomachotdeng

    it is always true nothing good may come from Warrap state as you have seen in Kiir government through the appointments always any degree 90% is from Warrap and 10% from others state what do you expect from such selfish people when in power? bhar el ghazal must stop follow such people because all will be like them.

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  • 14 March 2013 11:37, by pabaak

    Judge John Clement has a right to resign because its always difficult for judges to interpret the law when there is no independence in their jobs, and that true nature of country ruled by one party, there is absent of checks and balances between three branches of Government, and won’t go away soon if there’s no peaceful split of SPLM party into two or three parties, and I say here peaceful split

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    • 14 March 2013 11:45, by pabaak

      because people are accustomed to devil split in its meaning, but there is nothing wrong with democratic split, where parties compete for benefit of country rather than of become rival only to incite hatred among the same people, no country be successful when is ruled be one party system

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  • 14 March 2013 11:38, by 4Justice

    THE RULE OF LAW MUST APPLY TO ALL SOUTH SUDANESE

    An effective justice system is an essential element of every society. It must provide equal justice for all according to the law. No one should be exempted from the law while ordinary citizens must live under those laws. The sad fact is, we do have certain elements of society who put themselves above the law. This is unacceptable!

    “Tyranny is defined as that which is legal for the government but illegal for the citizenry.” — Thomas Jefferson

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  • 14 March 2013 11:41, by jur_likang_a_ likan’g

    It is not a surprise when a mud-fish says after all where he lives is a muddy therefore he is moving out of scene. Kudos we need more yous.

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    • 14 March 2013 14:26, by DDooggaa

      Thank God am NOT a Dinka on this earth

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      • 14 March 2013 17:47, by Dinka-Defender-General

        DDooggaa, what is wrong if you were born a Dinka on this earth? Dinkas are good people with high expectations to step up and fix things for everyone to enjoy. Just sit and relax if you don’t like the heat. Most Dinkas people like to face the heat similar when they liberated Southerners from so-called brainwash Arabs. I’m proud to be born Dinka on this earth.

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  • 14 March 2013 13:48, by John mamer

    Dear President.
    dear president this is to inform your highly esteemed that most of seniors, in your government have failed to deliver the policies of SPLM and the guidelines you always give to them. they sitback,loot, corrupts, biase and tribalise the institution of government. they are too mean for the next generation. can,t our fathers remember their brothers whom they had left in battle dead in

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    • 14 March 2013 13:53, by John mamer

      80s and 90s is that what our people where looking for when they contributes their livestocks, grains, cassavas, chickens and formost their sons for the liberation of our greet country. your excellency you understand the pain of struggle better than those who where comfortable in corners of world when you people where suffering in the bush
      your excellency for insecurity in our country to be ok
      it.

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      • 14 March 2013 13:59, by John mamer

        it needs to be fought by creating public corporation in buiness,agricultural,ICT, contructions sector to employ the loitering and idle use. professionalise management of security forces effectively and inenficiently. as well as improves justice system that Chan is destroying to avoids tribes and individual taking law into their hand .
        your excellency since you are one of the founders alive why

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        • 14 March 2013 14:02, by John mamer

          would you allows this vision to be distorted and frustrated when God left you Like Joshua, the community of South Sudan Like Isreal is in your hand and if it goes wrong in your watches then remember history will not forgive you.

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  • 14 March 2013 14:25, by kamal

    answer this question . does it maen when your are gvt empolyer that you cannot employ again your son or duaghter this poeple are mad hahahahahhhhhhhhhhhhh

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    • 14 March 2013 16:23, by 4Justice

      Kamal,
      In your religion it’s okay to steal, cheat, extort, lie, deceive, bribe, destroy and kill such are of the Devil we christian abhor such detestable practices, that’s why we are outraged.

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  • 14 March 2013 15:33, by Madingthith

    Mr.John Clement Kuc,
    Bravo, you are a wiseman for taking this decision, South Sudan is ever like that, you better stay and make whatever possible to quell down this high corruption that corrupt the anticorruption commission Office to be close down unexpectedly. What is the use of establishing this commission, is it to accommodate some individuals or what?
    Since it closure, where were they will

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  • 14 March 2013 16:10, by 4Justice

    Mr. John Clement Kuc is a true christian with high moral and ethical standards; the bible states in (Ephesians 5:11) "And have no fellowship with the unfruitful works of darkness, but rather reprove them"

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  • 14 March 2013 17:21, by John The President

    thanks Judge Kuc, not everyone want to be part of failure, you continue advocate for justic, transparence and fairness.
    the voices of discontented South Sudanese be heard come 2015.
    God bless you.

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    • 14 March 2013 21:36, by Kenyang

      John the president,
      Thanks, you said what was in mind....Clement Kuc morally remains a good man and his resignation is welcomed. He’s not a thief, he must stand aside..

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  • 14 March 2013 19:23, by Activist # 25

    Guys, Imagine being a judge and you have no control of your court room, and no system in place to deal with culprits simply because they are either immune to the whole justice system and therefore could careless listening to anyone in the court room, what would you do? This man is telling us something by tending his resignation. It means, he has no control over the justice system. Listen to him.

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  • 14 March 2013 22:29, by Bol Bul

    Morthon Akol:You have not understand Mr Kuc, his resignation it is clear, it about influence and interference with the operation of the court by some elements which is ethnically unacceptable, the working environment itself of which some of employees have criminal records. All these not allowed him to serve independently. It is clear I have appreciated his resignation.

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    • 15 March 2013 06:26, by Joseph Canada

      NOW THIS IS FINALY OPENING UP FOR THE WEAK AND NEPOTISTIC GOVT, AND ITS UNEDUCATED EMPLOYEES.
      UNDER THIS LEADERSHIP WE WILL NEVER PROSPER IN SOUTH SUDAN. HOSPITALS ARE FULL OF BLOODY BEDS SINCE THE NORWEGIAN TIME. PEOPLE ARE BEING KILLED BY LEADERS. WOW SHAME TO THE LEADER OF SOUTH SUDAN. MAN YOU ARE WEAK. GIVE IT UP TO SOMEONE WITH EDUCATION

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  • 15 March 2013 07:37, by Peter Nhiany

    My thanksgiving goes to Judge Kuc for having a courage not to fear any flash back from his boss. We need people like him who can speak out loud to tell the truths. Now those who were defending the appointment of Chief Justice’s daughter as legal Assistant should now revisit their thoughts. Honorable Judge Kuc is right, government executive branches should not interfer in each other’s operation.

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  • 16 March 2013 12:29, by Eastern

    They said when the guns bigin talking, the law keeps quiet! This is where we are headed in the republic of South Sudan. Justice Kuc, take your rest.

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