South Sudan lawmaker accuses Makuei of undermining regional court

JUBA – A South Sudanese lawmaker, Juol Nhomngek, has accused Information Minister Michael Makuei Lueth of undermining the East African Court of Justice (EACJ).

The accusation stems from Makuei’s last week questioning of why cases are often referred to the regional court without going through South Sudan’s national legal system.

Makuei, a lawyer himself, expressed dissatisfaction with the EACJ’s handling of matters. However, Nhomngek, representing Cueibet County in the national assembly, described the minister’s remarks as “derogatory.”

“Your statement can amount to a flagrant violation of South Sudan’s obligations under the Treaty for the Establishment of the East African Community,” Nhomngek wrote in an open letter to the minister published by Sudans Post on Wednesday.

He cited the treaty signed in Arusha on November 30, 1999, and entered into force on July 7, 2000.

Nhomngek further questioned why Makuei would undermine the credibility of international law.

“Making derogatory remarks against an EAC organ and the community’s governing law undermines the community itself and its work,” he stated.

South Sudan became a full member of the EAC in September 2016, following its accession to the treaty on April 15^th of the same year. This was marked by the deposit of the instrument of ratification with the EAC Secretary-General in Arusha.

“All treaties ratified by South Sudan, like the EAC Treaty, must be observed and implemented in good faith, as stipulated in Article 26 of the Vienna Convention on the Law of Treaties, 1969,” wrote the MP.

Nhomngek emphasized that South Sudan’s instrument of ratification for the EAC Treaty does not include any reservations to the treaty’s provisions.

This signifies unconditional acceptance of all EAC activities, including acceptance of the community, adherence to good governance principles, and potential contribution to regional integration.

“With full membership in the EAC, South Sudan acquired full and equal rights, obligations, and privileges,” Nhomngek stressed. “The EAC Treaty obligations require South Sudan to unconditionally implement all its provisions without reservation or scepticism.”

Nhomngek further reminded the minister of President Salva Kiir’s recent role at the helm of the EAC, highlighting the involvement of South Sudanese individuals within the organization, including the Deputy Secretary General, members of the East African Legislative Assembly, EACJ Justices, and other staff.