Dear President Salva Kiir Mayardit,
Your Excellency,
South Sudan is a young nation with a promising future. Its survival and growth rely greatly on its ability to adapt to the current trends premised on the strength of its institutions. Among these institutions, the Ministry of Justice and Constitutional Affairs ranks at the top. This places the Minister of Justice as a person of high value, not a mere ceremonial figure. He is the custodian of our laws, the chief legal advisor to the government, and the final prosecuting authority. He is in fact tasked with over 15 well-defined constitutional functions. When compromised by incompetency, this office leaves the entire nation vulnerable.
The recent charge sheet prepared by Hon. Joseph Geng Akech, Minister of Justice and Constitutional Affairs, in the case of the “Republic of South Sudan vs. Dr. Riek Machar Teny Dhurgon and others” has revealed a troubling level of incompetency that could lead to national embarrassment. Of the six charges presented, Hon. Joseph Geng was able to only cite one accurately in accordance with the law. The remaining five charges were marred by unmistakable inaccuracies that do not only undermine the prosecution but also tarnish the credibility of our judiciary and the government as a whole. The case is shallow in its presentation, and it will even be damaging if the purported evidence is also erroneous.
The charges were listed on the sheet next to the cited articles in the following manner:
“Murder” under Section 206 of the Penal Code Act, 2008, was correctly cited.
“Conspiracy and Common Intention” was cited incorrectly under Sections 65–69 of the Penal Code Act, 2008, which pertain to “Concealing Treason and Insurgent Training.” The correct citation could have been Section 48 of the Penal Code Act, 2008.
It is wrong to ascribe “Terrorism and Financing Terrorist Acts” to Section 44 of the Anti-Money Laundering and Counter-Terrorism Financing Act, 2012 (as amended in 2024). The act in question ends with Section 29. Citing any section beyond section 29 is an indication that Section 44 was fabricated.
“Treason and Acts Against State Authority”: the charge of treason is correctly cited under section 64, but combining it with Acts Against State Authority under Section 64 is wrong. Treason is a separate offense that could not have been conflated with “Acts Against State Authority.”
The “Destruction of Public Property and Military Assets” was cited as Section 334. This is alarming. Section 334 actually pertains to “House Breaking by Night.”
“Crimes Against Humanity” was foolishly cited as Section 186. That was a grave mistake. Section 186 pertains to “Fouling Water of Public Wells or Reservoirs.”
Your Excellency, the magnitude of the flaws associated with this work is enormous. How can the chief legal officer of the country misquote the laws of the land so carelessly? To me, these are not just typographical mistakes. They are fundamental misrepresentations and mischaracterizations of the statutes. Even a first-year law student would not commit such grave mistakes. The first person to detect these flaws, Mr. Akot Makur Chuot is much junior than Joseph Geng Akech but he is meticulous in handling the legal matters even when not assigned.
This matter is not about defending Dr. Riek Machar Teny Dhurgon. It is about protecting the Republic of South Sudan from a defective legal process that will fail at the first challenge. Even if there was sufficient evidence against Dr. Riek Machar Teny, the court would likely dismiss charges due to this defect. This is not because he would be innocent, but because the prosecution is severely incompetent, and by the omissions made by the prosecutor, the case is not airtight. A situation this bad is a national disgrace.
Many citizens are already asking this question: how did such an ignorant man ascend to this high office? For many, the situation created by the blemished legal attempt raises concerns about nepotism. The man in question is a cousin of the vice president for the economic cluster, and his cousin is the appointing authority. Jointly with the vice president’s wife, they were appointed to handle this high-profile case, but their approach has been careless. This situation surpasses family ties; it involves serious treason charges that should have been managed with utmost care. If mishandled, the repercussions could further damage the country.
By his own words, Hon. Joseph Geng Akech claims to be a graduate of Busoga University in Uganda. To the knowledge of curious South Sudanese, this university had its provisional license revoked in 2016 due to widespread irregularities. In addition to this, the Faculty of Law was only accredited in 2015. Hon. Joseph Geng claims to have been a student there since 2013, despite these apparent symptoms pointing to improper academic standing. Of significant concern is the fact that over a thousand South Sudanese students were reportedly “graduated” from Busoga University in less than three months, resulting in a scandal that has severely damaged the institution’s reputation. This flawed system and the choice of such a dubious university portray the very basis of the minister’s academic qualifications in a bad light. His qualifications are highly questionable right from his Secondary School Certificate in alignment with the Ugandan education system, and perhaps this is the reason for choosing a scandalous university.
South Sudan’s legal affairs cannot be managed by a product of nepotism, a person that is handpicked by his cousin, someone described as an “academic dwarf” who has questionable academic credentials and no command of statutory law. Drop the case yourself, you have that authority. Let Joseph Gang not shame you with a case that is already regarded by most South Sudanese as a nonstarter.
The situation extends beyond the recent erroneous charges. It is about the future of our legal system. With such a man in leadership, we risk costly litigation, wrongful prosecutions, international embarrassment, and a collapse of public trust in the law and the legal system.
Your Excellency, you are a man of dignity with listening ears, high humility, wide respect, and patriotism. Your name and government cannot continue to be associated with incompetency. Take note that South Sudan is home to many capable lawyers, such as Professor Deng Awur Wecnyin, Dr. Monyluak Alor Kuol, Justice Madol Arol, Justice Robert Lomuro, Justice Manyang Rwuei Gac, and Hon. Kot Manoah, to name just a few. These individuals hold genuine scholarships and have demonstrated integrity.
It is therefore vital, for the sake of the Republic of South Sudan, that Hon. Joseph Geng Akech should resign or be relieved of his duties. His continued presence in this high office will cost South Sudan more than his removal. The country deserves competent leadership in its legal affairs. We do not need academic deceit and political nepotism.
Your Excellency, the world is keenly watching our country, and history is committedly taking note. South Sudan, which is endowed with brilliant young brains, should not be mocked for entrusting its future to a man who can’t cite the law he claims to defend.
For the dignity of the Republic of South Sudan, the integrity of our legal system, and the future of our children, it is important that this mistake be corrected as a matter of urgency.
Respectfully,
Dr. Sunday de John
The writer, Dr. Sunday de John, holds MBA and Bachelor of Medicine and Bachelor of Surgery (MBChB) from the University of Nairobi, Faculty of Business and Management Sciences and Faculty of Medicine respectively. He is the current Chairman of the South Sudan United Front-Progressive and can be reached via drsundayalong4@gmail.com
The views expressed in ‘opinion’ articles published by Radio Tamazuj are solely those of the writer. The veracity of any claims made is the responsibility of the author, not Radio Tamazuj.