South Sudan deputy chief justice questions authority of East African Court

JUBA – A prominent South Sudanese judge has cast doubt on the legitimacy and effectiveness of the East African Court of Justice (EACJ), claiming its composition hinders its ability to fairly handle cases originating from the country.

Deputy Chief Justice John Gatwech, speaking at a Judicial Reform Committee consultation in Juba on Thursday, expressed concern over the EACJ’s handling of several South Sudanese cases, including the dismissal of 14 judges by President Salva Kiir and a separate case filed by opposition MP Juol Nhomngek.

Gatwech’s primary criticism focused on the EACJ’s composition, arguing that its members lack the necessary experience and seniority to adequately review decisions made by South Sudan’s own courts.

“We are very much concerned about how these cases are being handled in the East African Court of Justice,” he stated. “That court is supposed to come in only after a complainant has exhausted all local avenues, going through the landers of the judiciary here.”

He further asserted that the EACJ should not “sideline” national courts, questioning the qualifications of its judges.

“It’s not about bringing conflict between that court and our courts here,” Gatwech clarified. “It’s not for them (EACJ) to sideline the national court of every country in the East African Union.”

Gatwech went on to claim that the EACJ is currently comprised of “junior judges” who lack the authority to overturn decisions made by South Sudan’s higher courts.

“What I know about this East African Court of Justice is that it’s being manned by junior judges,” he said. “Even one of the judges we sent is from our high court, and those of high court status are the ones called upon to the East African Court of Justice high court.”

He expressed concern that the EACJ might be overstepping its bounds.

“The East African Court of Justice, I have an idea that it should be reformed in such a way that it should also have very senior judges,” Gatwech stated. “Now it’s become a chance for these junior judges who have been sent there to go and reverse our decisions and then they begin to boss.”

Gatwech also raised concerns about the EACJ’s communication with South Sudan’s Ministry of Justice, alleging that the court fails to notify the ministry before making final decisions in cases involving the country.

“While they are doing this job, they could not even inform the Minister of Justice to make a reply to what has been presented before that court,” he explained.

“I’m not very sure that when they raise these cases to the East African Court of Justice, they say, ‘You have a case here, please answer this.’ Then they begin working and later on they just say they have reversed the decision made by the president of this country,” he added.