The Presidency has resolved to re-table the unassented-to National Security Act before the Council of Ministers, according to First Vice President Dr Riek Machar.
Dr Machar confirmed this after Vice President Taban Deng Gai hinted the resolve while responding to concerns raised about the status of the law during the 8th Governor’s Forum on Friday
According to Dr. Machar, the parliament acted against the advice of the Executive which resolved that articles 54 and 55 of the bill be scrapped.
“The National Constitutional Amendment Committee amended the National Security Bill 2024. In the Bill, they could not agree on the two sections 54 and 55.
“Then, they said these would be decided by the principles. When President and I sat, we decided based also on legal opinion of the Minister of Justice who is also the chief advisor of the Government, that these two should be scrapped and this was brought back to the council.
“Actually, the Council of Ministers went further, and if you looked at the resolution of council of Ministers it stated the Abolition of Warrant of Arrest. The Minister of Justice went and tabled the whole bill and he got a standing ovation, and we thought the matter was finished.
The First Vice president said the leadership of the National Security was blamed for lobbying the retention of the arrest without warrant provisions.
“When it delayed, people began to lobby in parliament that these (arrest without warrant sections) should not be scrapped and parliament passed it with 54/55/57.
“Who passed it, they were blaming the leadership of the National Internal Security. We said the parliament is supreme, it is the one making law, but the president didn’t sign. The meeting we had, we resolved it as Vice President Taban said.
Dr Machar went on to stress the need to also scrap two more sections of the bill which still give similar power to the national security to arrest without warrant.
In actual fact in that bill, there are four sections that are bad section, 13 sub section 15. That gives the national security power to arrest. Article 57 is operationisation of subsection 13. So, the four sections should be scrapped if we are going to have a democratic state.
FVP suggested that crimes against the state such as terrorism and subversion of the constitution should be prosecuted under article 70 of the penal code Act 2008.
Scrapping the four articles, Dr Machar said will guarantee the rights of the citizens as enshrined in the bill of rights upon which the President decision was based
‘The difference is that, in the penal code you have to do a due process. You have to get a warrant of arrest from the Ministry of Justice. So, section 70 can be used while you scrap those, but you are guaranteeing the rights of the citizens.
Dr Machar said the mandate of the National Security should only be confined to its mandate of information gathering and analysis for the relevant authorities.
“When we agreed that we should scrap those sections, we looked at the bill of rights, 24, 35. We also looked at article 159 E which says national security shall be professional and its mandate shall focus on information gathering and analysis for the relevant authorities.’
Real-SPLM Leader Pagan Amum on NSS Act
On November 25, 2025, the leader of the Real SPLM, Pagan Amum, stated that the National Security Law must be repealed, warning that without its repeal, the country will never achieve peace, as it continues to be a source of insecurity.
The former secretary-general of SPLM strongly criticized the law, arguing that it has become a tool of repression, fostering insecurity rather than providing protection for the people of South Sudan.
According to him, the misuse of the law has created a climate of fear, discouraging citizens from exercising their rights to free expression and peaceful assembly.
Pagan stated that the law has undermined citizens’ fundamental rights, creating an atmosphere of fear that discourages criticism of the government or demands for essential services
He pointed out that civil servants and citizens are unable to protest unmet demands, such as unpaid salaries, due to threats and intimidation by state security forces, including National Security, the police, and the army.
Pagan referenced government officials’ statements claiming that live bullets, rather than rubber bullets, are used against demonstrators.
He highlighted the situation around General Akol Koor’s residence as an example of excessive and repressive force being employed.
“The national security law is causing more insecurity and has never provided any real protection,” Pagan said. “It undermines the rights of our people and creates a climate of fear.”
“It frightens the people, making them afraid to criticize the government or demand services,” he added.
“Imagine a situation where people have not received their salaries and are unable to protest because the national security, police, and army are being used to intimidate them,” he explained.
“Government officials have repeatedly said they don’t have rubber bullets, so no one should protest or demand their rights, or they will be shot with live bullets, as we saw around General Akol Kur’s house,” he said.
Pagan reminded all South Sudanese that the continuation of this law, which allows the national security or government to arrest citizens without a warrant, is both illegal and unconstitutional. “It must be repealed. Without its repeal, I do not see peace for this country,” he concluded.
