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Juba residents file intent to sue government for neglect

South Sudan's Minister of Justice and Constitutional Affairs, Wek Mamer Kuol

Residents of South Sudan’s capital threatened to sue the government on Wednesday, accusing it of failing to provide basic services in their neighborhoods for many years.

A group of residents from the Hai Referendum, Mia Saba, and Gudele areas of Juba submitted a formal notice of their intention to sue through their lawyer, Mario Maker Majok. The notice was delivered to the Ministry of Justice on Tuesday.

A letter of intent to sue is a formal notice a plaintiff serves to a defendant or its representatives, warning of impending legal action if concerns are not addressed.

Lawyer Majok told Radio Tamazuj on Wednesday that it is the government’s constitutional duty to provide services and that its failure to do so constitutes neglect.

“We are intending to sue the National Ministry of Environment and Forestry, the National Road Authority, and the Juba City Council. The reason is that they failed to deliver services to citizens in the areas of Hai Referendum, Mia Saba, and Gudele,” he said.

He added that the justice minister, as the government’s attorney general, must be given legal notice before a lawsuit against a government institution can proceed.

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The lawyer said the legal threat was a wake-up call and that the group hopes to resolve the concerns out of court.

“In these affected areas, roads are cut off, there are no health facilities, schools are not accessible, and people cannot move to the town,” Majok said. He expects the Justice Ministry to convene a discussion with the accused institutions.

“If the feedback is positive, I will drop the legal proceeding against them, because what we want is implementation of their constitutional mandates,” he added.

Majok stated that every citizen has a right to basic services and that if the issue is not addressed, they will proceed with the lawsuit and may expand the case to include other affected areas.

The Justice Ministry could not immediately be reached for comment by Radio Tamazuj. Justice Minister Wek Mamer said he would get back when contacted.

One affected resident, Opiew Opiew, welcomed the move.

“We are suffering here in Hai Referendum with waterborne diseases, with rainwater stagnant because there are no roads and waterways,” Opiew said. “The move led by our brother is a welcome one, and we are in support of it. It is representative of our voice because it is our right as citizens.”

The lack of basic services in Juba is not limited to these three neighborhoods; it affects most neighborhoods in the capital.

Article 36 of the South Sudan Constitution states that the security and welfare of the people of South Sudan shall be the primary duty of all levels of government.