South Sudan's English Daily Newspaper
"We Dare where others fear"
By Simon Deng
The National Minister of Justice and Constitutional Affairs Ruben Madol Arol said that the fate of the 14 judges who were relieved by President Salva Kiir in July 2017 depends on the latter’s prerogative to reinstate them.
This comes after the East African Court of Justice (EACJ) ruled in July 2020 in favor of the judges, who are yet to be deployed since the court ruling of the EAC court found that their sacking was unconstitutional.
Arol said on Saturday when asked by members of the Judicial Reform Committee over the fate of the judges during consultative meeting, that the government respects the ruling of the EAC Court, but however, the reinstatement of the judges is a prerogative of the President.
“About the ruling of the East African Court in relation to the 14 judges, that ruling stands in its place as valid as it was ruled, it is the mechanism of implementation or execution that remains,” said Arol during the consultative meeting held at Pyramid Hotel in Juba.
“It is not the ministry of justice to make any pronouncement on it, rather it has to be the Judicial Service Commission to sit and decide on it or the President of the Republic to decide on it,” he said.
Arol revealed that the government is not going to appeal the decision of the East African Court of Justice, adding that the ministry has rendered legal advice to the Office of the President and the judiciary.
“Our position has been very clear, we are not going to contest and of course there is no room even to contest the ruling, we have given our legal advice on the matter of these 14 judges,” he said.
In May 2017, the judges who were working in the court of appeal and high court went on strike over poor working conditions, demanding improved arrears and the removal of the Chief Justice Chan Reech Madut.
President Salva Kiir in a decree issued in July 2017 decided to dismiss the striking 14 judges after they failed to reach agreement with a committee set up by the President to address their grievances.
The affected judges include law lecturer, Geri Raymondo Legge, Khalid Mohamed Abdallah, Malek Mathiang Malek and George Anger Riing, Nyok Monyrok Akwai and Awol Moyak Deng, Thor Andrew Makur, and George Philip Lace and Maker Tong Kiir among others.
