Almahada Mosque at Konyokonyo Market in Juba. (Photo: Visit South Sudan/Social Media).

The High Court in Juba has ruled that Mahad el Elmi, an Islamic educational institute located at Konyo-Konyo market in Juba, is the property of the Islamic community of South Sudan and not the state education ministry.

The Islamic school was build in the 1960s during the regime of Sudanese president Ibrahim Abud with funding from the Kingdom of Saudi Arabia.

The legal battle began on June 26, 2023, when Juba Associated Advocates law firm, representing the Islamic community, filed for judicial review of the 2021 ministerial order.

The Ministry of Education of Central Equatoria had claimed that Mahad el Elmi was under its authority – but the petitioner argued that the institute has long been recognized as the property of the Islamic community.

The dispute dates back to an order issued by President Salva Kiir on October 6, 2008, directing all state governors to return schools and properties belonging to the Muslim community.

Despite the presidential directive being reaffirmed in 2021, the Ministry of General Education for Central Equatoria State failed to comply, which led to further appeals from the Islamic community.

In a thirty-page verdict on Thursday, Judge Francis Amum Awin nullified an order dated May 27, 2021 from the Ministry of General Education, which sought to expropriate the property.

Judge Amum declared the ministerial order “null and void” and set it aside, affirming the Islamic community’s rightful ownership of the property.

Justice Amum stated that both parties have the right to appeal the decision within 15 days.

He confirmed that the land, located at plot 397, block 3, third class, Konyo-Konyo, between Juba-Nimule Road and the Nile River, belongs to the Islamic community, reaffirming their ownership rights.