Advocate Warnyang Kiir Warnyang and Advocate Deng John Deng - Courtesy

JUBA, South Sudan (Eye Radio) – The Public Prosecution has objected to the participation of two defense lawyers representing First Vice President Dr. Riek Machar and his co-accused, arguing that the lawyers are not in good standing with the South Sudan Bar Association.

The lawyers in question—Advocates Deng John Deng and Warnyang Kiir Warnyang—are alleged to have failed to renew their Bar Association membership cards, which the prosecution claims renders them unqualified to appear before the court.

Prosecutor Dr. Sabri Wani told the Special Criminal Court that the participation of unlicensed lawyers in the defense team violates Section 26(1) of the Advocates Act.

“Honorable Court, we object to the appearance of some advocates in the defense team who are not licensed,” Dr. Wani stated. “This is a clear violation of the Advocates Act, Section 26(1), which states that an advocate shall renew his or her license at the end of January every year. Failure to do so renders the license suspended until renewal.”

“These advocates are Advocate Deng John Deng and Advocate Warnyang Kiir Warnyang. Therefore, the prosecution requests that they be excluded from the defense team until they regularize their licenses,” he added.

Responding to the objection, defense lawyer Kur Lual argued that the Special Criminal Court operates under exceptional procedures and is not strictly bound by Bar Association requirements.

He cited Article 182 of the Criminal Procedure Code (2008), which, according to him, gives the court full authority to accredit lawyers chosen by the accused, regardless of their Bar Association status.

“This Special Criminal Court enjoys exceptional procedures, and its judges have absolute authority to accredit the lawyers chosen by the accused,” Lual said. “This is confirmed by the provisions of Article 182 of the Criminal Procedure Code of 2008.”

“Based on this text, the court has the full authority to grant permission to the aforementioned lawyers to plead without needing authorization from the South Sudan Bar Association,” he continued. “Any objection to their participation constitutes a violation of the accused’s constitutional right to legal defense.”

Lual further argued that the non-renewal of Bar membership is a procedural matter that does not invalidate the lawyer’s license to practice or their right to represent clients in court.

The defense urged the court to dismiss the prosecution’s objection and allow the accused to be represented by the legal team of their choosing.