Constitutional Implications of General Akol Koor’s House Arrest
Posted: 29 April, 2025 Filed under: Mark Deng | Tags: fair trial, fundamental rights and freedoms, General Akol Koor Kuch, General Intelligence Bureau, house arrest, human rights violations, Morris Mabior Awikjok, National Security Service, nternal Security Bureau, President Salva Kiir Mayardit, public outcry, South Sudan, Transitional Constitution, treason, without a warrant 2 Comments
Author: Mark A.W. Deng
Melbourne Law School
Summary
This piece provides a critical analysis of General Akol Koor Kuch’s house arrest from a legal and constitutional perspective. It makes two principal arguments: 1) in placing General Akol under house arrest without having been formally charged with a crime and sentenced by a court of law, the executive government of South Sudan has assumed the fundamental function of courts to determine and award punishment for violations of laws;2) the house arrest violates General Akol’s personal liberty and fair trial protected in the Transitional Constitution of South Sudan, 2011.
The National Security Bill of 2024: A threat to freedom of expression in South Sudan
Posted: 22 July, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights, arbitrary arrest, basic human right, Code of Criminal Procedure, democratic transition, fair trial, freedom of expression, freedom to express views freely, international human rights instrument, National Elections Commission, national security, National Security Bill, National Security Services, political consciousness, Public Prosecution Attorney, South Sudan, South Sudan military, warrant of arrest Leave a comment
Author: Akot Makur Chuot
LLM Candidate, Human Rights and Democratisation in Africa, University of Pretoria
Introduction
On 3 July 2024, the Revitalised National Transitional Legislative Assembly of South Sudan passed the controversial National Security Bill, which among others empowers (sections 54 & 55) the National Security Services to make arrests and detain anyone suspected of having committed an offence against the state without a warrant of arrest. The Bill was controversially passed by a vote of 274 in favour and 114 against, with 3 abstentions. This is in the face of a democratic transition as South Sudan heads to poll on 22 in December 2024 as per the announcement of the National Elections Commission. If the President does not sign the Bill within 30 days from the day it was passed, it will automatically become law.
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