In a letter dated June 12, 2025, the minister requested that the House lift the immunity of the MP to allow for criminal prosecution.
“The above MP faces criminal proceedings No. 1533/2025, under Sections 48/64/65/66/67/70/71/75/76 of the Penal Code Act, 2008, lodged at Northern Division Police Station Juba, on 20th March 2025, by Complainant: Government of the Republic of South Sudan (National Security Service),” the letter reads.
Kuol stated that evidence obtained by the authorities established that criminal offences had been committed by Puoch, who cannot be prosecuted given his parliamentary immunity.
“However, the suspect is the Member of Parliament, and thus, the case could not proceed against him without waiving his immunity by the appropriate House in accordance with Article 67 (2) of the Transitional Constitution of the Republic of South Sudan, 2011 (as amended),” states the letter.
“Therefore, based on the above legal facts, I request the Honourable august House to waive the immunity of Hon. Gatwech Lam Pouch as per provisions of the Constitution and the law for justice to prevail,” he added.
Gatwech was arrested on March 12, 2025, at his residence in Thongpiny, Juba, by the National Security Service and has remained in detention at the Blue House without trial. His arrest came shortly after he and other SPLM-IO legislators raised alarm over the deployment of South Sudan People’s Defence Forces (SSPDF) troops to Nasir County of Upper Nile State without local consultations. The SPLM-IO contended that the move could destabilise the region and violate the terms of the 2018 peace agreement.
The charges levelled against the opposition lawmaker fall under a range of serious security-related offences as defined in the Penal Code Act of 2008. Among the key provisions cited in the case are Section 64, which deals with treason; Section 65 on concealing treason; Section 66 addressing subversion of constitutional government; and Section 67, which criminalises association intended to commit state crimes.
Sections 70, 71, 75, and 76 are widely understood to relate to espionage, sabotage, and other acts against national security. Section 48 involves acts committed without criminal intent but in circumstances that could lead to harm or pose a threat, depending on interpretation by the courts.
Following his detention, the SPLM-IO replaced Gatwech as its representative in the Revitalized Joint Monitoring and Evaluation Commission (R-JMEC), citing his inability to perform duties while in custody.
The party also suspended its participation in critical peace implementation mechanisms, including the Joint Defence Board and the Joint Transitional Security Committee, demanding the unconditional release of all detained officials.
Parliament has yet to deliberate publicly on the minister’s request. If the Assembly agrees to lift the MP’s immunity, it would pave the way for formal prosecution and could set a precedent for handling similar cases involving lawmakers accused of crimes against the state.
