Category: Justice

A law firm has accused the national parliament of intending to forcefully evict occupants of a church premise in Juba despite a lawsuit at a regional court.

The Juba-based M/S Pan African Law Chambers, LLP, had in July 2022 filed a case against the government for claiming ownership of a piece of land hosting the Christ Church, Nakasongola.

The law firm identified the complainants as Bishop Jambo Mulla, Geoffry Lowila, and Emmanuel James Bona.

Others were Emmy Chaka and David Mulla.

According to the complainants, the land strategically behind the national parliament belonged to the Nakasongola Church which has been owning it for over 40 years.

However, a notification obtained by Eye Radio dated, 20th of July 2022, addressed to the Attorney General of the Republic of South Sudan, the regional court demanded the national Justice Minister file a defense against the lawsuit within 45 days.

The court’s letter did not indicate which church land had been grabbed.

But this comes after in May 2022, the Ministry of Justice and Constitutional Affairs served the Nakasongola Church with an eviction letter asking them to vacate the place.

However, in a document dated October 20, 2022, Speaker Jemma Numu Kumba notified the National Security Minister, Obote Mamur that the Assembly had in 2005 notified some displaced persons to leave the area.

She said the Nakasogola premises or otherwise dubbed as Hai Barlaman was allotted to the assembly since the 1970s by the regional government.

The Ministers of Interior and Justice as well as the Director General of the Internal Security Bureau, the Chief of Staff of the SSPDF, and the church were copied in the letter.

Kumba said the August house had tried all dispute resolution mechanisms, but the son of a late pastor refused to leave the premises.

According to her, the unnamed man is a national security officer who often storms the church compounds with other officers including military intelligence to threaten the assembly.

It’s not clear what the officials’ responses were. But it emerged in January 2023, a letter by the Inspector of police to the Interior Minister, indicating the speaker requested for the eviction of what she called occupants of the Hai Barlaman.

General Majak Akech Malok appeared to have forwarded the matter to Minister Mohammud Solomon to prevail over the matter

In a response letter dated January 17, 2023, addressed to the Inspector of Police, Chief of Defense Forces, and the Director of the National Security Internal Bureau, Interior Minister Solomon advised that they ought to initiate an amicable and peaceful approach to the matter.

Citing the reported behavior of the individuals, the Minister directed the formation of a joint committee comprising the security organs to address the dispute.

In a response to the eviction threats of which the occupants were notified,  the law firm urged the security organs to refrain from executing the eviction plans.

“We are kindly urging your esteemed office and the security institution that your office is mobilizing to execute the illegal orders to refrain and the Ministry of Justice to abide by rule of law as it is enshrined in the Transitional Constitution of the Republic of South Sudan, and in Article 6(d) &7(d) of The East African Treaty as well as in the African Charter on Human and People’s Rights.”

According to him, there is no legal order warranting the eviction of the occupants.

” There was no court order warranting eviction of the occupant of the said premises from the Judiciary of South Sudan.”

Yet, he argued that the South Sudan Justice Ministry has undefended the case pending at the East African Court of Justice.

The law firm went on to question the Speaker over her claim the land belongs to the parliament.

“The documents your office is relying on from the land registry and the Ministry of Housing are all forged documents and amounting to forgery,

“The Hai Barlaman your office is relying on was among the documents canceled in 2001 when James Loro was the Governor. This forged document is meant to defeat the end of justice,” it said.

The notice further stated that mobilizing security institutions against the Church without due process of the law amounts to infringement of the freedom of Religion & rights to own properties.

The M/S Pan African Law Firm, LLP, called upon the Secretary-General to bring this matter to the attention of the Chairperson /Head of the summit of the EAC, Evariste Nyaite Ndayishimiye, and the President of the Republic of South Sudan

When contacted, the parliamentary spokesperson, Honorable John Agany says that the area belongs to the parliament since the then regional government following the 1972 Addis Ababa agreement.

Agany criticized the lawyer for rushing the matter to the East African court when there is a court of Justice in the country.

“This thing has not been addressed by our court in South Sudan. When they opted to go to East Africa, this means they do not know the process. They should open a case in Juba against the government, it must be addressed here,

“If they fail, then they can repeal in the court. The fact they went to East Africa is a waste of time because the land belongs to South Sudan and not to East Africa”, he said.