Sheila Ponnie
Africa-Press – South-Sudan. A Member of Parliament sued the minister of justice and constitutional affairs and the parliamentary leaders at the East African Court of Justice for failing to follow their law in his suspension from the House.
Juol Nhomngek, who represents Cuibet County in Lakes State under the SPLM-IO ticket, exuded confidence in an interview with The City Review that he believes he will prove House Speaker Jemma Nunu Kumba failed to follow the law when he was being punished.
“Everybody is saying that the law is violated, so on that ground, I am hopeful because I will win that case 90 per cent in the East African Court of Justice,” he argued.
“The augment is that the action of the Speaker and the Parliament has breached the provision of the East African Treaty on the rule of Law.”
He argued that Kumba failed to follow the law when she suspended him and that denying him his salary and other privileges was equally a violation of his human rights.
According to Nhomngek, Kumba, being the complainant against him, should not have spearheaded his investigation and formulated a verdict that directly equates her to a jury judging a case in her favour.
“We are members of East Africa, which is governed by the rule of law, so by acting outside the law, she acted against the rule of law and transparency and accountability.”
On April 26, 2023, the Speaker of the Transitional National Legislative Assembly suspended Nhomngek through a letter with reference number RSS/TNLA/43.1 for failing to heed the directives of the leadership, among them apologising to the speaker for linking her with reports of misappropriation of funds.
Suspended
In May 2023, John Agany, spokesperson and chairperson of the information committee in the assembly said the suspension was legal since the lawmaker failed to turn up before the committee to defend himself.
Nhomngek was suspended under regulation 59 of the conduct of business regulation of the Transitional National Legislative Assembly sub-regulation (3), which states that should the member refuse to apologise, “the speaker shall suspend him/her from the services of the House for the remaining period of the session, during which he/she shall not receive any remuneration from the assembly.”
Having been out of Parliament for two months, the lawmakers said he instructed his legal team to take the matter to the regional court. By yesterday, the court had issued a notice to the minister of justice and constitutional affairs, Ruben Madol, to file a response on behalf of the government of South Sudan in 45 days.
He claimed that due to his suspension, his dignity, reputation, feelings, and self-respect were damaged.
He further claimed that he is demanding arrears of SSP 4,224,300 and $15,000 as special damages.
Part of his demands are salaries for the months of April and May 2023, amounting to SSP 800,000; sitting allowances for the months of April and May 2023, SSP 112,000; allowance for outfits for the year 2023, SSP 2,500,000; budget allowance for the year 2023, SSP 700,000; and medical allowance for the year 2023, SSP $15,000.
The suspension of the applicant by the speaker of the Transitional National Legislative Assemble, Rt.Hon. Jeema Nuna, is a violation of the Transitional Constitution of the Republic of South Sudan, as amended, and the Transitional National Legislative Assemble Regulations, according to the document.
The file to be reviewed also stated that the laws on which the reference is based in the respondent state violate the laws of the Republic of South Sudan as well as the provisions of the Treaty for the Establishment of the East African Community (1999).
Article 30(1) of the treaty establishing the EAC states that, subject to the provisions of Article 27 of the treaty, any person who is a resident in a partner state may refer to a court for a determination of the legality of any act, regulation, directive, decision, or action of a partner state or an institution of the community on the grounds that such Act is not in accordance with the provisions of the treaty.
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