Africa-Press – South-Sudan. South Sudan’s Member of Parliament, Juol Nhomngek, has taken legal action against the assembly by filing a court case at the Eastern Africa Court of Justice.
MP Nhomngek’s suspension and denial of access to the house premises since April 26 are cited as the reasons for the lawsuit.
A copy of the court case, obtained by Radio Tamazuj and dated July 4, 2023, reveals that the Eastern African Court of Justice has summoned the South Sudan Minister of Justice to attend the court session and provide an explanation for the lawmaker’s suspension without proper procedures.
Nhomngek was suspended on April 26 after alleging that Parliament Speaker Jemma Nunu Kumba embezzled approximately $1.5 million, along with 12 million South Sudanese Pounds. He also highlighted the absence of presentation money used at Eastern African lawmakers’ sports events.
In an interview with Radio Tamazuj on Wednesday, Nhomngek confirmed that he had already filed the case with the Eastern African Court of Justice in Arusha. The Minister of Justice will represent the parliament in the session.
Nhomngek demands the immediate lifting of his suspension, along with compensation for damages, unpaid monies, and restoration of his other privileges. He stated, “Yes, I have opened the case against the parliament, but it is the Minister of Justice who will represent the government in relation to my unlawful suspension. I want the suspension to be set aside, damages to be paid, and all unpaid monies settled.”
He accused Parliament Speaker Jemma Nunu Kumba of orchestrating his suspension without granting him an opportunity to defend himself before the assembly. Nhomngek vowed to continue pursuing the case until improvements are realized within the legislative assembly.
In response, John Agany, the spokesman for the national assembly in Juba, dismissed the matter as too minor to be tried at the Eastern African Court of Justice. Agany claimed that the suspended parliamentarian had offended the speaker and failed to apologize, leading to his temporary suspension according to internal regulations of the house.
“We do not have such jurisdiction with the Eastern African Community, and despite our affiliation to this region, we are not permitted to bring such minor cases there. The MP violated the rights of the national speaker, and according to the internal regulations of the house, an investigation committee is formed to address such matters. If the accused is proven guilty and fails to produce an apology, they must be suspended temporarily,” stated Agany.
Agany concluded that the suspension of the MP was based on internal regulations within the national assembly, which aim to investigate and resolve conflicts among lawmakers.
Deng John, a practicing lawyer from South Sudan, emphasized that South Sudan is a member of the Eastern African Community, granting every individual within the region the right to file a court case at the Court of Justice without any obstacles.
“From a legal perspective, South Sudan is one of the member states of the Eastern African Community. We joined the bloc in September 2016, and our membership was officially accepted after we submitted a request to the General Secretariat of the Eastern African Community. Consequently, we became an integral part of all institutions within the bloc. The Eastern African Court is an independent court responsible for resolving conflicts among member states or institutions. If there is a legal case, the Eastern African Court of Justice is the appropriate venue for dealing with matters of rule of law, human rights abuses, and the implementation of constitutions and other laws in specific countries,” explained John.
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