South Sudan’s First Vice President, Dr. Riek Machar Teny. |Photo-Courtesy|.
Friday, 12 September 2025
The recent charges announced by the Minister of Justice and Constitutional Affairs, Joseph Geng Akec, against the country’s First Vice President, Riek Machar Teny, and Petroleum Minister, Puot Kang Cuol, alongside other suspects, face public scrutiny as some members of the public cited that the minister wrongly quoted some articles of the penal code to justify his legal charges.
In a press statement on Thursday evening, Minister Geng announced charges against eight individuals, including Riek Machar, in connection with the Nasir clashes that claimed the lives of a senior army commander and over 200 soldiers.
The charges include murder and treason, crimes against humanity, allegations of conspiracy, financing terrorist activities, destruction of public and military property, and incitement of violence in Nasir County.
Agel Machar, the prominent South Sudanese politician, said it is not lawful for the Minister of Justice to publicly disclose details of an ongoing criminal investigation, especially in felony cases.
He said the Presumption of Innocence in Article 19 of the Transitional Constitution of South Sudan, 2011 (as amended), provides that “every accused person shall be presumed innocent until proven guilty or otherwise before a competent court of law” beyond any reasonable doubt.
Agel argued that to publicly discuss or publish investigation details before trial risks violating this principle and prejudicing a fair trial.
“[In] Legal Mandate and Jurisdiction: The Minister of Justice and Constitutional Affairs is the chief legal adviser of the government and prosecuting authority under Article 135 of the Transitional Constitution of the Republic of South Sudan, 2011, as amended. The Minister oversees prosecution and legal policy, but investigations are exclusive competencies of the following institutions: The Police (e.g., CID), the National Security Service (for certain crimes), and the Public Prosecution Attorneys under the Ministry,” he said.
Agel Machar claimed that it is ultra vires for the Minister of Justice and Constitutional Affairs to disclose evidence or suspects’ identities before court proceedings.
He went on to say that the Code of Criminal Procedure Act, 2008: Section 5 of this law ensures fair and impartial investigation and trial. “Accordingly, there is no provision allowing publication of ongoing investigations, especially those of a felony nature, before the start of criminal proceedings.”
Agel disclosed that in rare cases, if the disclosure serves public interest, however, it must be authorized by court order, or involves wanted suspects or public alerts, …it may be lawful, but must follow legal procedure and not interfere with justice.
“Arrest of those still at large, protection of evidence, and witnesses may be compromised, and become a national security threat,” he warned.
He said that, unless permitted by law, court order, or public interest exception, the Minister should not publish or disclose criminal investigation details of felony cases. “Doing so may compromise investigations and trials, violate the rights of accused persons, and breach the separation of investigative and prosecutorial functions.”
Deng Bol Aruai Bol, the presidential aspirant, now living in exile, warned that South Sudan is quickly turning into a country with no credibility under President Kiir’s regime.
Bol accused the government of starting and fueling the war, and at the same time, claimed to prosecute others for the same.
“South Sudan is quickly turning into a country with no credibility under this system. How can a government that has started wars, fueled them, and committed terrible crimes now claim to prosecute others for the same? This is not justice—it is a political show meant to deceive people,” he said.
He added, “The trial of Dr. Riek Machar Teny, the First Vice President, and other detainees is nothing but a tribal witch-hunt. These charges are not about accountability. They are about silencing rivals and punishing communities.”
The citizens on social media accused Minister Geng of quoting incorrect provisions of the Penal Code Act, 2008, while placing charges against Riek Machar and seven other accused.
Article 186, which deals with “Fouling Water of Public Well or Reservoir,” was cited as the basis for crimes against humanity.
Article 334, which defines “Housebreaking by Night,” was referenced as covering the destruction of public and military property.
The legal experts called the errors a “serious blunder” that weakens the case, warning the justice ministry against over-reliance on AI in drafting charges.
On Thursday evening, President Kiir issued two republican decrees suspending Riek Machar from his position as the first vice president and Puot Kang Chuol from his position as the minister of petroleum, to allow the court to try the duo.
The main opposition political party, SPLM-IO (Sudan People’s Liberation Movement-In-Opposition), the party led by Riek Machar, rejected the suspension and planned prosecution of its leaders, arguing that the move is politically motivated and in violation of the revitalised peace agreement.
In a press statement, a group of South Sudanese civil society organisations, launched a campaign dubbed “the Reclaim Campaign,” condemned the charges announced by Minister Geng against Riek Machar and seven other officials, in connection with the Nasir clashes.
The coalition described the move as an attempt to whitewash gross human rights violations and the unlawful detention of senior members of the SPLM-IO.
“It is a politically motivated charade designed to weaponise the judiciary against a principal peace partner and derail the fragile peace process,” the group stated.
In a letter issued by the South Sudan Council of Churches on Friday, 12 September 2025, and signed by 11 church leaders, the letter called on President Salva Kiir to grant a general amnesty to the detainees and those who take arms against the state.
