Kiir holds fate of 14 judges despite East African court ruling, says justice minister

JUBA – The fate of 14 judges sacked by South Sudan’s President Salva Kiir in July 2017 depends on the latter’s prerogative, despite a regional court order for their reinstatement, the Justice minister said.

Justice Ruben Madol Arol was on Saturday responding to concerns raised at a consultative meeting of the Judicial Reform Committee (JRC).

The East African Court of Justice (EACJ), in July 2020, ruled that President Kiir acted unconstitutionally when he sacked the 14 judges

Madol, however, said the government of South Sudan respects the EAC court ruling, but the fate of the judges is in president Kiir’s hands.

“About the ruling of the East African Court in relation to the 14 judges, that ruling stands in its place as valid as ruled. It is the mechanism of implementation or execution that remains,” said Madol.

“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 added.

The Justice minister ruled out any plans to appeal the ruling, saying the ministry legally advised the president’s office 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 stressed.

In May 2017, judges went on strike demanding the removal of the chief justice, improvement in working conditions and pay increment.

Two months later, Kiir issued a decree dismissing 14 court judges after a committee he instituted failed to agree with them.

The affected judges include, Geri Raymondo Legge, Khalid Mohamed Abdallah, Malek Mathiang Malek and George Anger Riing, Nyok Monyrok Akwai and Awol Moyak Deng, Thor Andrew Makur, George Philip Lace and Maker Tong Kiir, among others.