Advocate Arop Malueth Monoon, the Chairperson of the South Sudan Bar Association - June 4, 2025 [Madrama James/Eye Radio Photo]

Juba, South Sudan (Eye Radio) – The Chairperson of the South Sudan Bar Association has urged the newly appointed Chief Justice to curb the misuse of judicial authority by some county court judges, alleged to be using the Civil Procedure Act to arbitrarily detain lawyers under the pretext of maintaining courtroom order.

Advocate Arop Malueth Monoon said several judges have been misusing Section 70 of the Civil Procedure Act to punish lawyers under the pretext of maintaining courtroom order.

The provision empowers judges to sentence individuals to up to seven days in detention for contempt of court.

Aadvocate Malueth urged the newly appointed Chief Justice, Dr. Benjamin Baak Deng, to urgently intervene in growing concerns over the arbitrary arrest and detention of lawyers by county court judges.

“It is now common, especially at the county court level,” Monoon told Eye Radio on Wednesday. “Section 70 gives the court power to maintain order, but some judges are misusing it to arbitrarily detain lawyers, often without clear justification.”

While he did not cite specific figures, Monoon warned that the pattern is undermining the legal profession and due process in South Sudan’s courts.

He explained that instead of using contempt provisions against lawyers who are simply doing their jobs, judges should follow the appropriate legal procedures for misconduct.

“We have a disciplinary committee for advocates,” he said. “If a lawyer is believed to have misbehaved, the matter should be referred there, not handled summarily in court.”

The Advocate Disciplinary Committee, Monoon noted, is composed of a High Court judge, a senior legal counsel, and two senior advocates.

He argued that this body is best placed to assess lawyer conduct and impose appropriate penalties, including possible suspension of licenses.

He called on the new Chief Justice to issue a judicial circular clarifying that Section 70 should not be used arbitrarily against advocates and that all disciplinary actions should follow legal channels.

“We are hopeful that the new Chief Justice will restore checks on this provision and protect the rights of lawyers to perform their duties without fear of intimidation,” Monoon added.

The Bar Association has raised similar concerns in the past, but hopes the leadership change at the top of the judiciary will lead to concrete reforms.