S. Sudan lawyer petitions East African Court of Justice over MPs

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By Nangayi Guyson – nangayi.guyson@alleastafrica.com

(Kampala,Uganda) – A South Sudanese lawyer, Santino Wani has file a petition in the East African Court of Justice (EACJ) to challenge the country over the seven members of Parliament it send  to the East African Legislative Assembly (EALA) .

Lawyer, Santino Wani says the manner in South Sudan selected its elected the MPs to EALA was “unconstitutional”.

On 11 March, 2017, South Sudan President Salva Kiir appointed seven persons to represent the young nation in the East African legislative body, with four from the country’s ruling party, two from the armed opposition faction (SPLM-IO) and one from other political parties.

This action, according to the petitioner, seriously contravened the provision of Article 50 of the East African Community (EAC) treaty, which requires member states to elect representatives to EALA.

Article 50(1) of the National Assembly says of each Partner State shall elect, not from among its members, nine members of the Assembly, who shall represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender, and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine.”

Pursuant to the above Article, Lawyer, Santino Wani believes South Suda Lawyer, Santino Wani n  passed the Rules of Procedure for the election of members of the EALA.

The lawyer petitioned South Sudan’s attorney general, the speaker of South Sudan’s national assembly and the EAC’s secretary general.

Meanwhile, the East African Court of Justice has given the respondents 45 day to file their responses to the filed petition.

South Sudan was cleared to become a member of the regional body on 15 April, 2016 after its application staying for five years since its independence in 2011.

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