South Sudan’s parliament voted on Tuesday to lift the immunity of two lawmakers, allowing one opposition member to face charges of crimes against the state and another to be tried for alleged assault.
The Transitional National Legislative Assembly approved the decision following a request from Justice Minister Wek Mamer Kuol. The vote paves the way for legal proceedings against Gatwech Lam Puoch, a member of the opposition Sudan People’s Liberation Movement-in-Opposition (SPLM-IO), and Robert Anei Salva Mathok, from the ruling Sudan People’s Liberation Movement (SPLM).
Gatwech Lam was arrested by National Security Service agents at his home in Juba on March 12 and has since been held without trial. His arrest followed protests by SPLM-IO lawmakers over the deployment of South Sudan People’s Defence Forces (SSPDF) to Nasir County in Upper Nile State. The lawmakers said the deployment was carried out without local consultation and risked violating the 2018 peace agreement.
Addressing the assembly, Dr. James Mabor Gatkuoth, chair of the Committee for Legislation and Justice, said the committee endorsed the immunity waiver after reviewing the justice minister’s request and supporting evidence.
“Honourable Gatwech Lam faces criminal proceedings on charges of crimes against the state,” Gatkuoth said, citing sections of the penal code related to offences against the state.
MP Gatkuoth said Robert Anei Salva Mathok faces separate proceedings for allegedly assaulting a female lawmaker and trespassing on her property during a land dispute.
The decision was backed by several lawmakers, including George Andrea Juma of the SPLM, who argued that parliamentary immunity applies only to civil matters.
“Our immunity is civil, not criminal. This is very clear in our constitution,” Juma said. “Lifting immunity is not a verdict. It allows the legal process to proceed so that justice can be served.”
However, opposition lawmaker Gatkuoth Wat opposed the move, arguing that Gatwech had not committed any crime and was acting within his mandate as a representative of Nasir County.
“Today we may lift the immunity of Honourable Lam; tomorrow it could be one of us,” he said.
Assembly Speaker Jemma Nunu Kumba reminded members that lifting immunity does not imply guilt.
“Lifting immunity is not a verdict but a procedural step to allow legal proceedings,” she said. “There are members whose immunity was lifted but were later found innocent and reinstated.”
Outside the assembly, activist Ter Manyang, executive director of the Center for Peace and Advocacy, described Gatwech’s arrest as politically motivated.
Speaking to Radio Tamazuj, Manyang said the Nasir County lawmakers were exercising their constitutional rights.
“To be honest, if these MPs committed any crimes, the process followed was not lawful,” he said. “Their rights as parliamentarians were violated. Articles 4 and 25 of the Transitional Constitution guarantee freedom of expression.”
He also criticized the prolonged detention of the lawmakers.
“A person should not be held for more than 24 hours without appearing before a court, but that limit has been exceeded,” Manyang said. “There have been no investigations to establish whether a crime was actually committed.”
Under Article 67 of the Transitional Constitution, no criminal proceedings may be initiated against a member of the National Legislative Assembly or the Council of States—nor may action be taken against their person or property—without permission from the appropriate house speaker. This provision does not apply in cases where a member is caught committing an offence for which arrest without a warrant is permitted.
The article also provides that if a lawmaker is charged with a serious crime, the relevant house may vote to lift that member’s immunity.