According to a court decree (Case No. 01/2025) issued by High Court Judge Noah Gabriel Kau, the floods occurred along the southern side of the main road between Pool-Kuch and Atiaba Payam in Rumbek East County and were attributed to negligence by the company during road construction.
The court also directed ARC to pay $1,000 in court fees and $4,000 in legal fees to the plaintiffs.
The decision follows legal action filed by the victims’ lawyer, Gueny Madit, who argued that the floods—linked to ARC’s construction activities—submerged homes, destroyed crops, and caused the drowning of children.
Madit said the first court summons was served to ARC’s agents on January 23, 2025, but no representative appeared for the hearing.
“As per the law, if the defendant fails to appear for the first hearing, the proceedings can continue in their absence,” Madit explained. “The court eventually issued a decree and another summons, which will be served to the defendant in Juba this week.”
He added that ARC will have 30 days from the date of service to either comply with the judgment or apply to have it set aside, providing valid reasons for their earlier absence.
Madit noted that the original compensation claim was $9.18 million, based on assessments by the plaintiffs and relevant authorities, but the court reduced it to $8.26 million.
Civil society activist Daniel Laat Kon of the Community Empowerment for Progress Organization (CEPO) welcomed the ruling, saying it was a victory for the victims.
“The court has done its work. Now what matters most is implementation,” Kon said. “We don’t want a repeat of past cases where verdicts—like the one for teachers who were awarded compensation—were ignored by authorities.”
Kon stressed that enforcing the decision would strengthen public trust in South Sudan’s judiciary.
“If ARC is ordered to pay the community, then the law must take its course. Implementation is what will make the difference,” he said.
