30th April 2024
Make a Donation

Public react to scrapping of NSS powers to arrest without warrant

Author: Emmanuel J. Akile | Published: Wednesday, February 22, 2023

Man in handcuffs. |Courtesy.

Some members of the public have expressed mix reactions over the presidency’s decision to scrap the law that allows the National Security Service to arrest people without an arrest warrant.

On Tuesday, the Cabinet Affairs Minister, Dr. Martin Elia Lumoro disclosed that President Salva Kiir and Dr Riek Machar resolved to remove the controversial law that allows the National Security Services to arrest people without an arrest warrant.

“I want to point out that the National Security Law where there was apparently disagreement on sections 54 and 55 pertaining to arrest with or without a warrant has now been agreed by President and the First Vice President and those will be scrapped,” Dr. Lomuro said.

Rights groups have described the law as means to silence critics as the NSS was accused of widespread human rights abuses.

Reacting to the decision, some members of the public welcomed the move, but others wanted it maintained.

James Dhuor, a student at the University of Juba, commended President Kiir and Dr. Machar for the move.

“I really recognize that position of agreeing on national security not to apprehend people without warrant of arrest and that is a good move by the President and the deputy President,” he said.

“That one need to be implemented as it is agreed upon, and if people go contrary to what is now agreed to be a law, then it will be a different case now. So, let its implementation take its effect after it becomes a law.”

On his part, Franko Sebit, a resident of Juba also welcomed the resolve by the two principals and called for its approval by the parliament.

“I welcome this decision, and this is what is required, this is what we have been waiting for. When someone is a suspect, there should be a warrant of arrest.”

Sebit however casts doubts on the effectiveness of the decision.

Meanwhile, Sibu Kida from Aweil town Northern Bahr el Ghazal State objects to the omission of the law.

“The national security is the body tasked with ensuring security of the country is maintained and not under threat, if their personnel are being limited, then some people will take advantage of it,” he said.

“The (NSS) should have the mandate and power to control security, deal with outlaws and those who attack the government and those who violate the law or destabilize the country.”

Isaac, a Juba resident believes that if the national security are not empowered to arrest without warrant, law breakers will exploit the provision to cause chaos.

“Opportunists may take advantage of this provision and take law into their hands because they know the security personnel are not empowered by the law to arrest,” he said.

Article 54 of the National Security Service Act 2014, as amended, stipulates that any person found committing any offenses against the state as provided under section 7 of the same Act, shall be arrested without a warrant by any service officer and detained.

Also, article 55 of the act stipulates that where the Director General or an employee designated by him/her, has reasonable grounds to believe that a warrant is required to enable the Service to perform any of its functions under the Act, the Director General or the designated employee may apply for the issue of a warrant.

 

 

 

 

Support Eye Radio, the first independent radio broadcaster of news, information & entertainment in South Sudan.

Make a monthly or a one off contribution.

error: Alert: Content is protected !!