Navigating Legal Crossroads: South Sudan’s Evolving Relationship with the East African Court of Justice”

The National Minister of Information, Michael Makuei, has expressed concern over a growing trend where South Sudanese individuals are choosing to circumvent the national justice system in favor of resolving legal disputes in the East Africa Court of Justice (EACJ). Makuei highlighted that numerous cases from South Sudan are being adjudicated in the EACJ without the awareness or involvement of the country’s judiciary.

Speaking before the Judicial Reform Committee, Makuei emphasized the need for special consideration of this situation, asserting that it undermines the authority of EAC member states in carrying out their judicial responsibilities. He urged for a closer collaboration between the South Sudan judiciary and the East African Court of Justice to foster better working relations and ensure effective exercise of duties by member states.

The government spokesperson underscored the importance of harmonizing procedures between national, regional, and international courts, expressing concern over cases ruled upon by the East African court without passing through South Sudan’s judiciary.

In recent years, a growing number of South Sudanese have chosen the EACJ to settle legal disputes, reflecting a perceived lack of trust in the country’s judiciary system. Notable cases include the EACJ’s 2020 ruling against what it deemed unconstitutional government actions in dismissing 14 judiciary members in 2017. In July 2022, religious leaders also approached the EACJ, suing the national government over the confiscation of church land. Similarly, in July 2023, South Sudan Member of Parliament, Juol Nhomngek, took legal action against the assembly at the EACJ after being suspended and denied access to the parliamentary premises.

Established in November 2001 in Arusha, Tanzania, the East African Court of Justice plays a crucial role in ensuring adherence to the law in compliance with the EAC Treaty. Makuei’s call for enhanced cooperation seeks to address the growing preference for the EACJ and reinforce the integrity of South Sudan’s judicial processes.