Government snubs East African Court Summon
Lawyer Kiir Chol Deng
By Kitab a Unango and Jale Richard
The government has failed to respond to a court summon at the East African Court of Justice in which a South Sudanese lawyer sued the government for running what he termed a “parallel bar.”
Speaking to Juba Monitor on Thursday from his office, Kiir Chol Deng said it was very unfortunate that the government refused to appear before the East African Court of Justice (EACJ) after receiving the sermon demanding the Ministry of Justice to respond within 45 days.
“If is very unfortunate that the government does not respect the rule of law. If the government does not respect the East African Court of Justice, why did it join the bloc?” Chol asked.
According to the sermon order issued by the East African Court of Justice dated February 8th 2018 which the government received on April 9th 2018, the Ministry of Justice was to respond within 45 days, Chol claimed.
Chol added that even though the government has refused to comply with the court order to respond within the given period, he would pursue the EACJ to give the verdict in the governments’ absentia.
Kiir said the government was delaying justice.
“The Ministry of Justice who is the governments’ legal advisor is delaying justice. I decided to seek justice from the EACJ because they rejected my struggle for the rule of law,” he said.
“I urged the ministry of justice to exercise and ensure rule of law in the country,” Chol added.
Lawyer Kiir Chol Deng sued the Minister of Justice, SPLM Acting SPLM Secretary General, the Chief Justice, and the bar association for running what he termed a “parallel bar.”
Paulino Wanawilla, the Minister of Justice and Constitutional Affairs, and the Attorney General were listed as the first respondents, while the Secretary General of the East African community was listed as the second respondent.
The lawyer had last year accused Paulino Wanawilla, the Minister of Justice and Constitutional Affairs, Jemma Nunu Kumba, the Acting Secretary-General of the Sudan People’s Liberation Movement (SPLM), the Chief Justice Chan Reech Madut, the Bar Association, and Advocate James Al-Thaib, the leader of the Bar Association, for running a parallel bar.
Lawyer Kiir Chol Deng said he was replaced by what he called a “conspiracy” between the SPLM party, Minister of Justice and Constitutional Affairs, the Chief justice, to establish a parallel bar to undermine the legally established bar which he was running.
He said he want the East African Court to declare “unlawful and null and void” the “illegal” bar association established by SPLM party and recognized by the Minister of Justice and Chief Justice.
He said he went to the East African court to also ensure that the continuation of the acting SPLM Secretary General, Jemma Nunu Kumba for more than 30 days is violation of article 28(3) of the SPLM party constitution, 2016; Section 16(2) of the Political Parties Act, 2012, and article 25(3) (c) of the Transitional Constitution of 201.
Article 28(3) of the SPLM party constitution 2016 states that “incase the position of the secretary general falls vacant, the most senior deputy secretary general shall act pending election of a successor by the NLC within 30 days to fill the vacancy and to complete the remaining term of office.”
He said he has instructed his lawyer to issue an injunction order preventing the acting secretary general of the SPLM, Jemma Nunu Kumba from contesting for the position of the secretary general because she has violated the constitution of the party by serving for more than.