The Presiding Judge of the Special Court, Dr. James Alala Deng, hearing the case of First Vice President Dr. Riek Machar and his seven co-accused on Monday, declared that the court has jurisdiction to hear and try the case.
Last Tuesday, the court which has a panel of three judges; James Alala (Presiding Judge), Stephen Simon Isaac, and Pur Majok, adjourned proceedings until the next day after the defence’s arguments challenging the court’s authority to try First Vice President Riek Machar and seven co-defendants on charges including treason and crimes against humanity, allegedly before and during the Nasir clashes on 25 March 2025. The defence also said that Dr. Machar’s immunity as first vice president must be formally lifted before any trial can proceed.
The session last Wednesday was dominated by the issue of two defence lawyers not having valid practicing licenses, and the court adjourned until Monday, 29 September.
Today, Judge Alala, citing statutory clauses, several legislations, and regulations, declared that the court has jurisdiction to try the case, stating that it was legally constituted by Chief Justice Benjamin Baak Deng, who has the authority to do so.
“Number one, establishment of this Special Court, and argument of defence and prosecution, the court believes that there is no overlapping of jurisdiction between its competency and that of the Hybrid Court for… offenses committed in the Nasir incident in March 2025,” he stated. “The Hybrid Court has jurisdiction with respect to genocide, crimes against humanity, war crimes, and other serious crimes under international law and relevant laws of the Republic of South Sudan, including gender-based crimes and sexual violence as provided for in the transitional constitution of the Republic of South Sudan 2011 amendment number 6, 2020.”
He said the constitution made it clear that the Hybrid Court shall be independent and distinct from the national judiciary in its operations, and shall carry out its own investigations, with jurisdiction to investigate and prosecute individuals who have violated applicable laws of South Sudan.
The Special Court also ruled that two defence lawyers, Wernyang Kiir Wernyang and Deng John, who do not have valid practicing licences from the Bar Council, will not be allowed to appear before the court till they renew their licenses.
Lead Judge Dr. James Alala said that the reason given by the duo that the Bar Association frustrated the renewal of their licenses does not hold, as they had ample time to resolve the issue and even resort to court for the last several months.
“The advocates shall observe professional ethics. The only way now for them to rejoin the (defence) team is to remedy their position by using section 102 of the Code of Criminal Procedure 2008 and seek out the sanction of the President of the Supreme Court to appear before this court,” Judge Alala declared. “As for the private advocates with the prosecution team, the defence objection has no merit simply because it is obvious…The minister of legal affairs may engage advocates or make use of legal expertise from outside the ministry whenever necessary. This is at his or her discretion.”
“Therefore, the objection is refused and the decisions or the orders of the court are as follows. Number one, objections of the defence team are overruled and Advocates Deng John and Wernyang Kiir Wernyang are ordered to leave the defence team and seek sanction from the president of the Supreme Court to return,” Judge Alala added.
He also said that private advocates among the prosecution team are allowed to continue.
The six-man defence team led by Dr. Geri Raimondo Legge has now been reduced to four, including Kur Lual Kur, Anis Tombe Augustino, and Regina Deng.
In his opening statement, Advocate Ajo Ohisa, a member of the prosecution team, said the Nasir incident was carried out under the direct command of Gabriel Duop Lam, SPLA-IO Chief of Staff, and financed by Puot Kang.
“My Lord Justices, the prosecution will present evidence that the White Army did not act independently. They were under the direct command of the fourth accused person, General Gabriel Duop Lam, Major General Dilling Ker, who is at large, and here, Dr. Riek Machar Teny, and financed by the first accused person, Mr. Puot Kang Mam Pal Dwar, the third accused person,” he said. “The attacks by the White Army were planned, funded, coordinated, and commanded by some of the commanders of SPLA-IO. We emphasize some of the commanders of SPLA-IO. The commanders in Juba coordinating the assault were Lieutenant General Gabriel Duop Lam and Major General Dilling Ker.”
The prosecution asked the court to adjourn the hearing till Tuesday to allow them time to prepare to present witnesses. Presiding Judge Dr. Alala, however, adjourned the hearing to Wednesday.
All eight defendants were present in the courtroom at Freedom Hall. They were identified as Puot Kang Chuol, 40; Mam Pal Dhuor, 37; Gatwech Lam Puoch, 66; Lt. Gen. Gabriel Duop Lam, 53; Dr. Riek Machar Teny, 73; Camilo Gatmai Kel, 47; Mading Yak Riek, 45; and Dominic Gatgok Riek, 27.
The case stems from deadly clashes in the town of Nasir earlier this year, which the government alleges involved Machar’s Sudan People’s Liberation Movement/Army-in-Opposition (SPLM/A-IO).