South Sudan’s presidential guards, locally known as ‘Tiger Forces.’ |File Photo|.
South Sudan’s transitional national legislative assembly in a sitting chaired by Speaker Jemma Nunu Kumba on Wednesday, July 3, 2024 evening unanimously passed the notorious National Security Service Act 2014 Amendment Bill 2024 at the roofs of the third readings.
The Law, better known as the NSS Act 2014, was pushed for amendment as part of the legal and judicial reforms agenda, backed by the 2018 Revitalized Agreement on the Resolution of Conflict in the Republic of South Sudan (R-ARCSS).
The parties that signed the R-ARCSS formed the Judicial Reforms Committee (JRC) in the context of continued violence and to correct the cruel sections of the laws crafted to gag the civic space and choke the civil fundamental rights to peacefully assemble and voice their concerns.
In February last year, the key principals to the agreement, Riek Machar and Salva Kiir, in principle, agreed to delete Sections of the law that give excessive powers to the National Security Service to arrest without a warrant of arrest.
The National Security Act 2014 was then handed to the sitting Minister of Justice and Constitutional Affairs, Ruben Madol Arol to table it before the lawmakers for revision and scrutiny.
Instead, the lawmakers decided to recollect Sections 54, 55, and 57 and passed the amendment bill to President Kiir’s desk for signing in the absence of some of their colleagues.
The retained parlous articles grant the NSS far-reaching powers, including arrest, detention, communication monitoring, and search and seizure, all without judicial warrants.
The Parliament’s Spokesperson, Oliver Mori Benjamin, who represents the ruling party of the president, said since there was no consensus among the legislators over the bill, particularly on whether to remove or maintain the parlous Sections, the bill was passed.
“And as such, 388 members, sorry, 391 honorable members attended the sitting. And since there was no consensus among them over this bill especially sections 54 and 55, the house decided to exercise their democratic right. And in the voting, 274 members were in favor and 114 against with three abstentions,” Oliver told the journalists.
Mori alleged the voting by the members was democratic and the Bill was passed, despite drawing wider criticism from civil society organizations.
At least 274 of the members of parliament voted in favour, and 144 voted against, while three members abstained. The transitional parliament of South Sudan was formed based on a power-sharing arrangement in the context of the revitalized peace agreement.
All the members were appointed on the pretext of guiding the country toward the general elections at the end of the transitional period. President Kiir’s party holds a majority in the transitional parliament giving him leverage to subdue the views of opposition lawmakers.
The Transitional Constitution of the Republic of South Sudan 2011, Article 101 empowers the president with similar excessive powers to remove the constitutional stakeholders including the parliamentarians and state governors and judges. This triggered fear of challenging the president’s decisions.
The Center for Peace and Advocacy (CPA)—a national civil society organization—expressed deep concerns over the actions taken by South Sudanese lawmakers, who passed the controversial National Security Act 2014 (Amendment) Bill 2024.
CPA said it conducted comparative studies in the region, including Kenya, Uganda, Tanzania, Rwanda, Burundi, the Democratic Republic of Congo, Somalia, and Ethiopia to gather information to help shape South Sudan’s National Security Laws.
CPA asserted that South Sudan’s National Security Service has abandoned its true responsibilities.
It strongly urged President Kiir not to sign the National Security Service Act of 2024, as it would be highly detrimental to the citizens, including the president himself as the head of state.
“When creating laws, we should avoid targeting individuals such as political leaders, human rights activists, journalists, and ordinary citizens,” CPA said in a statement extended to Golden Times.
CPA ties its hope to the international community to earnestly take action before the country experiences further destruction shortly.
Edmund Yakani, the renowned civil rights activist and executive director of Community Empowerment for Progress Organization (CEPO) lambasted the lawmakers; stressing that the law should conform with the standards and principles of the Bill of Rights and international treaties.
Academician, Jok Madut Jok, also added his voice expressing disappointment over the actions of the members of parliament rearming the security agents to abuse the citizens.
“So the South Sudan Transitional National Assembly has voted to pass the National Security Service bill without any amendments, including the empowering of NSS to arrest citizens without judicial oversight,” Madut wrote on his Facebook.
“It will now await the President’s ascent to it. What an outrage and a disappointment! I now ask if Apuk MPs, Kuot Deng Kuot, Nyang Bona Bak, Atong Bona Bak, Akon Diing Athian, Anei Salva Mathok to tell us individually how they have voted. If their vote was in favour of this bill, rearming the NSS to abuse citizens, then they have some explaining to do to the people of Apuk and the people of South Sudan. As politics is local, we shall have to take this up with them locally before we say anything at the national level,” he concluded.
Golden Times | South Sudan is an independent media operating from Germany. It was established to provide accurate information to readers globally on developments in Africa with a focus on Sub-Sahara Africa.
