File Photo: EU Ambassador Timo Olkkonen during Eye Radio's Dawn Show | Photo by Moses Awan, 23/04/2024

The European Ambassador to South Sudan emphasizes that judicial independence and the separation of powers are essential to achieving lasting peace, stability, and prosperity for all South Sudanese.

Speaking at a two-day workshop in Juba last week, Ambassador Timo Olkkonen underscored the judiciary’s vital role in upholding justice, resolving electoral disputes, and maintaining legal stability.

The workshop, titled “The Role of the Judiciary in Elections,” was organized by the Max Planck Foundation for International Peace and the Rule of Law, with support from the European Union. It aimed to strengthen the capacity of the judiciary in preparation for South Sudan’s anticipated 2026 elections.

This event comes just weeks after South Sudan extended its transitional period, pushing the deadline from 22nd September 2024 to 22nd February 2026.

Ambassador Olkkonen stressed that judicial independence and the separation of powers are crucial to protect against undue interference, even from the executive branch of the government.

He warned that a weak judicial system could lead to further violence and undermine democratic institutions, fostering a culture of impunity.

“When the judicial system lacks the authority, capacity, or credibility to intervene effectively, it can result in more violence, weakening democratic structures, and enabling a culture of lawlessness,” he said.

Olkkonen also emphasized the need for the judiciary to have the technical competence and political will to address politically charged issues. “As judges of South Sudan, you carry a significant responsibility for the country’s peace and development,” he remarked.

Despite the disappointment within the European Union over the extension of the transitional period, which was seen as a sign of a lack of political will, Olkkonen encouraged South Sudanese to remain optimistic and move forward with the elections.

“There is ample evidence that the South Sudanese want to move forward and hold elections, even if there are risks involved. Now, it is up to the transitional government to make consensual political decisions about the way forward and ensure the necessary funding is provided.”

Olkkonen expressed hope that the ideas and recommendations arising from the workshop would contribute to ensuring that the judiciary plays a positive and constructive role in the upcoming elections.

The event was also attended by Chief Justice Chan Reec Madut, who urged the judiciary to fully understand its responsibilities concerning election-related matters.

Chief Justice Madut clarified that while the judiciary has no role in determining election dates, it must be prepared to address any legal challenges that may arise.

“Our role, when it comes to elections, is not to decide on election schedules but to be ready to handle any legal issues that emerge,” Madut explained. “If elections are postponed, it’s not our responsibility. But we must ensure we’re equipped to fulfill our role when legal challenges related to elections arise.”

South Sudan is scheduled to hold its first elections in 2026, although the transitional period has been extended until 2027. Chief Justice Madut stressed the importance of the judiciary’s readiness, particularly in handling legal disputes that could emerge during the electoral process.

“…if the elections take place, are we fully prepared to play our role as a judiciary? The laws and offenses are outlined in your judiciary act,” he added.