Lawyers representing suspended South Sudanese First Vice President Dr. Riek Machar and seven co-accused on Friday urged the special court to respect the defendants’ constitutional right to choose their own lawyers, saying none had asked to replace their legal team over a loss of confidence.
The defence made the submission during the 110th session of the trial at Freedom Hall in Juba, two days after judges advised Machar to consider changing his lawyers if he had lost confidence in them.
Anis Tombe Augustino, a member of the defence team, said the eight accused had chosen their current lawyers, who had represented them since September 2025, and that none had formally asked the court to replace counsel because of a breakdown in confidence.
“Record that none of the 8 accused persons has requested the replacement of his advocate on the ground of loss of confidence,” Tombe said in the defence application.
The lawyers cited Article 19(7) of South Sudan’s constitution, which provides for an accused person to defend themselves through a lawyer or advocate of their choice.
They said the court’s duty to ensure a fair trial should be balanced against that constitutional right and argued that the court should not infer a loss of confidence where no accused had personally expressed one.
The defence said disagreements over legal strategy, submissions, cross-examination or interpretation of the law did not, by themselves, demonstrate a loss of confidence in counsel. It said intervention could instead be warranted by circumstances such as a conflict of interest, serious professional misconduct or another matter threatening the fairness of the trial.
The lawyers also referred to international legal protections, including the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and United Nations principles on the role of lawyers.
Lead prosecutor Ajo On’Oshia acknowledged receipt of the defense’s application and asked the court for time to respond in writing.
The court did not immediately rule on the matter and adjourned proceedings until Monday, Aug. 24, when the prosecution is expected to respond.
Charges
Machar, the fifth accused in the case, is being tried alongside seven others over violence in Nasir, Upper Nile State, in March 2025, when government forces suffered heavy casualties.
The defendants face charges including treason, murder, conspiracy, terrorism, destruction of public property and crimes against humanity.
Prosecutors allege that forces aligned with Machar’s Sudan People’s Liberation Army in Opposition (SPLA-IO), together with the White Army, killed 257 South Sudan People’s Defence Forces (SSPDF) soldiers, including military commander General David Majur Dak, during an attack on a military garrison in Nasir.
They also allege that military equipment worth about $58 million was destroyed or seized during the fighting.
Machar and the other defendants have denied the charges.
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