Ezra Power Plant at Kondokoro, where JEDCO distributes power from is limited to Juba only. (Photo: Eye Radio).

JUBA, South Sudan (Eye Radio) – A contract law expert has weighed in on the electricity tariff dispute, asserting that the Executive Branch is constitutionally compelled to enforce the Presidential Order on power cuts. The expert warns that the directive remains legally binding and can only be suspended or overturned by the Supreme Court.

This comes after Ezra Construction, the main electricity provider in Juba, instructed the Juba Electricity Distribution Company (JEDCO) to disregard the recent directives from the Ministry of Energy and Dams, which were based on President Salva Kiir’s Republican Order issued last week.

The Presidential Order, issued last week, includes several cost reductions: a cut in electricity tariffs for homes, businesses, and government offices, removal of the $3 monthly service fee, reduction of connection fees from $320 to $128, and reduction of low-voltage extension fees from nearly $1,000 to $399.

This directive prompted Ezra Construction, which manages the Juba Electricity Distribution Company (JEDCO), to instruct JEDCO to disregard the orders.

In an internal memo dated October 1, Ezra told JEDCO to continue operations under existing contracts and instead seek dialogue with the Ministry of Energy and Dams and the South Sudan Electricity Corporation.

Legal Expert: Order is Binding

Advocate Monyluak Aguer has weighed in on the standoff, emphasizing the constitutional weight of the President’s directive.

Aguer stated that the Presidential Order was not arbitrary but was based on the findings and recommendations of a Presidential Committee previously appointed by the President.

“As stipulated in the Transitional Constitution of South Sudan, the President of the Republic is the highest authority entrusted with the responsibility to protect the public interest. Therefore, the issuance of the order should be viewed as a legitimate intervention to safeguard national interest,” Aguer said.

Advocate Aguer stressed that a private company’s memo holds no legal weight to reject the order. He clarified the only lawful avenue for any party disputing the order is to challenge it in the Supreme Court.

“The Presidential Order is binding and lawful, and all concerned parties are required to implement it unless and until a competent court, specifically the Supreme Court, issues a stay of execution,” Monyluak stated.

“The proper and lawful avenue for any party claiming to be aggrieved is to file a legal challenge before the Supreme Court, not to reject the order through correspondence.”

Civil Society Questions Company Authority

Meanwhile, civil society groups questioned the audacity of a private company openly challenging the head of state.

Edmond Yakani, Executive Director of the Community Empowerment for Progress Organization (CEPO), voiced his concern over the situation.

“We are getting information that the orders of the president are rejected by Ezra Company, which owns JEDCO as the electricity corporation that provides power for the public in Juba City. My question is, who is more powerful that would undermine an order of a head of state like His Excellency the President?” Yakani asked.

Yakani stressed that the Presidential Order likely underwent thorough technical review and was not a spontaneous decision.

He also highlighted the crippling effect of Juba’s notoriously high electricity prices—some of the highest in East Africa—on small businesses and low-income families.

“Electricity in Juba is very expensive for citizens, and this has a huge impact on businesses… creating barriers for low-income or middle-class or actually poor families that want to use electricity for running some small-scale businesses,” he concluded.

South Sudan is currently known to have some of the highest electricity prices in East Africa, with limited supply and high operational costs contributing to the challenge.