SPLM-IO preparing legal battle against controversial NSS bill

JUBA – South Sudan lawmakers from the main armed opposition Sudan People’s Liberation Movement in Opposition (SPLM-IO) are preparing to mount a legal challenge against the recently passed National Security Service (NSS) bill.

The legislation, which has been met with fierce criticism for granting the NSS sweeping powers without judicial oversight, was passed by the parliament on Wednesday and is seen by the SPLM-IO as a direct violation of the country’s transitional constitution.

The contentious sections of the bill lie in Articles 54 and 55, now consolidated into Article 57. These provisions empower the NSS to conduct arrests, detain individuals, monitor communications, and carry out searches and seizures – all without obtaining warrants from a judge.

This unfettered authority has raised alarm bells among civil society watchdogs, with the Community Empowerment for Progress Organization (CEPO) and the Centre for Peace and Advocacy (CPA) expressing deep concern about the potential erosion of human rights protections.

The Human Rights Watch on Thursday also called on President Salva Kiir Mayardit, leader of the SPLM-IG which controls the parliament through its 332 representatives, to reject and send the bill back to the parliament for improvement.

Speaking tin an interview with Sudans Post on Thursday evening, Juol Nhomngek Daniel, a prominent SPLM-IO member of national parliament representing Cueibet County in Lakes State, outlined the opposition’s plan to challenge the bill in court.

Nhomngek asserted that the legislation runs afoul of Article 3 of the transitional constitution, which enshrines the rule of law and supremacy of the constitution.

“This law is inherently unconstitutional,” declared Nhomngek. “We are currently exploring all legal avenues to challenge it before the courts. The bill blatantly disregards the principles of rule of law and constitutionalism, and we believe it must be struck down.”

Nhomngek went on to criticize the bill for disrupting the established hierarchy within the national security sector. The legislation, he argued, elevates the NSS above the national army, which contradicts the constitutionally mandated order.

“There seems to be a fundamental misunderstanding of the national security sector,” Nhomngek remarked. “The NSS bill shouldn’t solely focus on regulating the intelligence agency. It should encompass the entire security apparatus, including all organized security forces.”

Nhomngek then elaborated on his vision for the role of the NSS. “The true function of national security is not what many perceive it to be,” he explained. “The NSS is primarily tasked with investigating crimes, analyzing the collected evidence, and then presenting its findings to the relevant authorities.”

He further clarified that the NSS should serve in an advisory role, working alongside the national army for state security threats and collaborating with the Criminal Investigation Department (CID) for regular crimes.