A recent picture of Duk Guot, commissioner of Renk County, who had Fadhia Ngor detained for chanting 'Down down Kiir | Credit | Courtesy

The Maan-Ngok community in Renk town of Upper Nile state has won a court case against the county commissioner over a land dispute.

On 6 August, the Maan-Ngok  community accused Duk Guot of demarcating and allotting their land to buyers without consultations.

It said the piece of land estimated to be more than 10,000 square meters was distributed by the Commissioner for the construction of 400 shops at Jima market.

The commissioner was dragged to court after the Maan-Ngok community insisted that half of the land that belongs to them was unilaterally sold and allocated to investors.

Guot, however, defended his decision saying he conducted prior consultations with the Maan-Ngok community.

The Maan-Ngok community, through the lawyer, maintained that the Commissioner overstepped his mandate on laws governing community land.

The high court judge in Renk also agreed with the argument.

Justice Deng Malual said the land belongs to the community and is only regulated by the government as per the constitution and the land act.

“We decided to rule to in favor of the case against the civil administration for lack of jurisdiction over the demarcation of Jima market,” Justice Deng Malual read out the verdict in Renk town on Monday

The court nullified the sale and allocation of the pieces of land at Jima market.

“This is to protect individuals’ rights. The commissioner can appeal this ruling within the 15 days provided for by the law,” the verdict further read.

The Maan-Ngok community has welcomed the ruling. Its lawyer Kaman Yor told Eye Radio that: “We won, it is a victory.”

Community land in South Sudan includes all lands traditionally and historically held or used by local communities or their members.

The constitution says communities and persons enjoying rights in land shall be consulted in decisions that may affect their rights in lands and resources.

It also states that communities and persons in the land shall be entitled to prompt and equitable compensation on just terms arising from the acquisition or development of land in their areas in the public interest.