Judge's gavel in courtroom - (Photo: Courtesy).

The Director of Training and Research at South Sudan Judiciary said every citizen is free to file lawsuit at the East African Court of Justice as long as their concerns fall under the treaty.

Dr. James Baak Deng made the remarks amid an increasing trend of South Sudanese preferring to have their legal disputes settled in the regional court in what analysts perceive as a distrust in the country’s judiciary system.

Justice Deng said the EAC treaty gives citizens the right to litigate cases  before courts that they believe provide the most fair trial.

“There is nothing wrong with this, because it is an issue in line with jurisdictions of the National courts,” he said during an interview at a one-day training of national magistrates on the regional court procedure in Juba.

“As far as these concerns are addressed there is no problem and then if there is an issue that falls under the treaty it will be done by the East Africa Court of Justices.”

“It’s not our role to say anybody who has a case or dispute should come before us. Everyone is free to go to any jurisdiction he/she likes and if there is anybody who wants to question him it will be between him and that person.”

This week, three law firms filed a case against the government requesting the dentation of the former Juba Mayor Kalisto Lado.

In 2020, the East African Court of Justice ruled against what it called unconstitutional government action to dismiss 14 judiciary members in 2017 after the judges sued the government.

Also in July 2022, some religious leaders sued the national government at the East African Court of Justice for confiscating church land.

In July 2023 South Sudan’s Member of Parliament, Juol Nhomngek, took legal action against the assembly at the EAC Court after being suspended and denied access to the house premises.

But in January 2024, the National Minister of Information Michael Makuei Lueth said cases from South Sudan are being tried in the EAC tribunal without the knowledge of the country’s judiciary.

Makuei called for a special consideration of the situation, which he says undermines the powers of EAC member states in discharging their judicial duties.

He called for better working relations with the East African Court of Justice to enable member states to discharge their judicial powers effectively.