Activist tells lawyers to challenge NSS bill in court if assented

A civil society activist has called on the South Sudanese lawyers to be ready to appeal articles 54 and 55 in the National Security Act 2014 Amendment Bill 2024 if it is signed into law.

Sarah Nyanath Yong, Executive Director of Gender Empowerment for South Sudan Organization (GESSO) – one of the signatories to the 2018 peace agreement – said South Sudanese lawyers must be ready to challenge the bill in court.

Activist Nyanath encouraged legal practitioners to advocate against the law which grants arrest without warrants as seen with their counterparts in the East African region.

“The only thing now that is left is up to the lawyers, there has to be bold lawyers that should go and appeal in the high court against these two articles so that they can be scrapped,” she said on Eye Radio’s Sundown Show.

“Even the president himself in 2009, stood against it in Khartoum. There are lawyers, and they should know that normally when there is an Act of parliament that has been passed into law, they can make an appeal.”

It it more than a month since the parliament passed the draconian bill – and it risks becoming a law by August 12 if President Kiir sign or doesn’t sign it into law without explanation.

The passing of the bill created a rift in the national parliament, frightened citizens, and drew criticisms from opposition leaders, diplomatic missions and the civil society.

Opposition lawmakers and civil society groups said maintaining Articles 54 and 55 of the bill, was in contrary to a 2023 consensus between President Kiir and First Vice President Dr. Riek Machar for such clauses to be scrapped.

“We have seen Kenyans does it, they can do it, they can appeal against it and then it can be scrapped. The two articles because the rest are not a problem; we only have a problem with these other two.”

On Thursday, R-JMEC Chairperson Maj Gen Charles Tai Gituai, said the unity government should give an update on the issues after a month of silence since the bill was forwarded to the President.

Meanwhile, the United States, United Kingdom and Norway warned the bill they said would undermine the transitional government’s statements that political and civic space exists, may quietly enter into force

The Troika emphasized that South Sudanese should have the right to participate freely in political and civic expression without fear of arbitrary arrest or intimidation by security personnel.