South Sudan’s Transitional National Legislative Assembly on Wednesday postponed a debate on a motion to lift the parliamentary immunity of two lawmakers, Gatwech Lam Puoch and Robert Anei Salva Mathok.
The postponement was due to the absence of a required justice and legislation committee report on the allegations against the two MPs.
Gatwech Lam Puoch, a member of parliament for the opposition Sudan People’s Liberation Movement-in-Opposition (SPLM-IO), was arrested by National Security Service agents at his home in Juba on March 12 and remains in custody without trial.
His detention followed protests by him and other SPLM-IO legislators against the deployment of the South Sudan People’s Defence Forces (SSPDF) to Upper Nile State’s Nasir County without local consultation. The opposition argued the move risked destabilizing the county and violating a 2018 peace agreement.
In a June 12 letter seen by Radio Tamazuj, Justice Minister Dr. Wek Mamer Kuol asked Speaker Jemma Nunu Kumba to revoke Gatwech’s immunity. The minister cited charges under South Sudan’s 2008 Penal Code, including treason, subverting constitutional government, and supplying weapons to insurgents. The SPLM-IO has rejected the accusations as politically motivated.
The motion also concerned Robert Anei Salva Mathok, who has been reportedly involved in a land dispute. Robert Anei is the son of the late Gen. Salva Mathok.
During Wednesday’s sitting, Second Deputy Speaker Parmina Awerial Aluong announced the postponement, citing the absence of a crucial report from the parliamentary committee on justice and legislation.
“For this agenda item number 5, the chairperson for legislation committee has not presented the report. There must be a report first attached to the lifting of the immunities of the MPs. So, I’m asking the chairperson to bring that report to the Clerk after that it can be put in the agenda,” Awerial said.
Lawmaker Natalina Amjima Malek said the missing document was a report on the alleged criminal cases against the MPs.
“According to the conduct of business regulation is that when the immunity is lifted from you, you’re taken to court. And when you win the case, and proved that you don’t have a problem, you can be back,” she said.
It remains unclear when the motion will be tabled again for discussion.
Article 67 of the transitional constitution states that no criminal proceedings shall be initiated against a member of the National Legislative Assembly or the Council of States, nor shall any measure be taken against their person or belongings without permission from the speaker of the appropriate house. This does not apply if a member is caught committing an offence for which police may arrest without a warrant.
It further states that if a member is charged with a serious crime, the appropriate house may waive the member’s immunity.