John Agany, spokesperson for the Transitional National Legislative Assembly (TNLA), has come out in defense of sections 54 and 55 of the National Security Bill. Agany argues that removing these sections would leave the country vulnerable to security risks.

Since September of last year, the TNLA has struggled to advance the National Security Bill to its third reading stage. The main point of contention has been articles 54 and 55, which grant the national security apparatus broad powers including the authority to arrest, detain, monitor communications, and conduct searches and seizures without a warrant. These provisions are in conflict with the constitution, which limits the role of the National Security to collecting and analyzing information.

Speaking to journalists in Juba on Monday, Agany emphasized that removing these sections could expose South Sudan to security threats. He stated, “I believe that no one in their right mind would advocate for the removal of these sections, as doing so would leave us vulnerable and risk becoming a failed state.”

Agany, a lawmaker, emphasized that the national security apparatus exists to defend and safeguard the government from security threats. He suggested that these sections of the security bill could be used to address crimes against the state.

“Crimes are categorized differently. Some can be handled by the police, and they are dealt with accordingly. However, there are particularly grave offenses, such as rebellion against the state,” Agany explained.

“Crimes against the state cannot simply be addressed by the police; they require the involvement of national security and other governmental agencies. For instance, if someone is inciting rebellion, like what might happen at Jebel Kujur, it falls under the jurisdiction of national security and other governmental bodies,” Agany elaborated.

He emphasized the importance of protecting the government, stating, “The government must be safeguarded and organized. It possesses its own forces to defend itself. Disarming the government would leave it vulnerable and ineffective. A properly functioning government requires well-trained forces and organized structures.”

Agany, who also serves as the chairperson of the Information committee, defended the discipline of the national security personnel, asserting that they are well-trained and disciplined in their duties.

“Let me emphasize to this forum that our national forces, including our security forces, operate with discipline and are under a clear chain of command. Their presence ensures the stability of our situation in Juba,” Agany clarified.

Agany, however, reassured the public of the august house’s commitment to addressing the National Security (NS) bill. This follows accusations by Juol Nhomngeck, an MP representing Cueibet County in Lakes State, SPLM-IO, who claimed that some parliament members are attempting to uphold these controversial sections.

Nhomngeck highlighted that with the reopening of parliament, lawmakers are determined to address the pending National Security Service Act 2014 (Amendment) Bill 2023, which grants the National Security Service broad powers including warrantless arrests.

He cited the recent arbitrary arrest of the former mayor of Juba and subsequent detention as evidence of the need to review the NS Service Act 2014 (Amendment) Bill 2023.

“We are advocating for political reform, and one crucial aspect is to reform the powers of national security so that the police can carry out their duties without national security conducting nighttime arrests. It’s unacceptable to arrest South Sudanese citizens at night; it only exacerbates insecurity,” Nhomngeck emphasized.

Nhomngeck pointed out that if sections 54 and 55 remain intact, citizens will face increased detention. “We’ve witnessed the arrest of the former mayor simply for speaking out. This suggests that our freedom of speech is at risk. If we lack civic and political freedom, we could even be detained for criticizing aspects of our system,” he concluded.

Meanwhile, Edmund Yakani, a civil society activist, said the statement made by Lawmaker John Agany contradicts the decision made by the presidency last year to remove sections 54 and 55 of the National Security Services Act.

Mr. Yakan emphasized that sections 54 and 55 of the National Security Service Act conflict directly with the mandate of National Police Services.

“National Security Services gather and analyze information and, if need be, then secure a warrant of arrest, but the traditional role is to direct police to issue a warrant of arrest. Keeping sections 54 and 55 makes abuse of the rule of law and respect of human rights easy, and some criminal-minded individuals in the NSS will take advantage of these sections for exercising arbitrary arrests and detentions,” he said.