First Deputy Speaker of the National Parliament Oyet Nathaniel speaks during a press conference held at SPLM-IO Secretariat Office in Juba - March 1, 2024 - (Photo: Awan Moses/Eye Radio)

The SPLM-In Opposition has called on President Salva Kiir to uphold the principal’s decision to repeal the provision allowing arrest without a warrant in the NSS bill and urged him not to approve it.

The opposition party said that the bill’s passing contradicts the consensus reached by the principals to scrap articles 54 and 55 allowing arrest without warrant.

In a press statement, it said the matter pertains to the 2018 agreement and should not be decided based on the A-RCSS but rather by consensus, and failure to do that shall be by a two-thirds majority of all the parliament members.

The opposition group urged the president to uphold the decision of the peace principals, a council of ministers resolution as well as a legal advice from the Ministry of Justice and Constitutional Affairs on the removal of sections 54 and 55 of the act.

SPLM-IO deputy chairperson, Oyet Nathaniel, called on the president to return the bill to the parliament who and subject it to a secret vote.

“The votes were wrongly based on R-ARCSS Article 1.4.10 decision of the TNLA on the other matters not related to this agreement shall be by consensus and in Lieu of that by simple majority.”

“This matter pertains to the agreement which should not be decided on the basis of the ARCSS Article 1.14.10 and as such this vote is null and void.”

“Therefore, we call upon His Excellency the President of the Republic of South Sudan to uphold the decision of the principals, councils of ministers’ resolution, Legal advice of the Ministry of Justice and Constitutional Affairs on the deletion of sections 54 and 55of the Act and not to Assent to the controversial National Security Service Bill.”

On Thursday, Human Rights Watch appealed to President Salva Kiir to reject the recently passed National Security Service Bill which maintained the arrest without warrant clause.

Laetitia Bader, the Deputy Africa Director at Human Rights Watch, said the South Sudan parliament was expected to omit the clause used as justification for alleged arbitrary arrests and detention.

According to him, the security bill would further undermine human rights and entrench the agency’s longstanding abuses in the country.

Bader further stated that the security service has exercised these powers without meaningful judicial or legislative oversight, and its agents are rarely punished for abuses.

It has repeatedly called on the South Sudanese authorities to limit NSS powers to intelligence gathering, as envisioned by the Transitional Constitution of 2011, which mandates the agency to focus on information gathering, and analysis and to advise the relevant authorities.