Molana Dhel Diing Nhial

05/10/2025

THE SO CALLED RED BELT ARMY.

I strongly condemn the existence and actions of Red Belt Army that operates outside the boundaries of law and order. These militants just like White Army by their very nature, represent a threat to the safety, security, and stability of our Country.

There is nothing like depending and protecting the community which remained the ultimate duty of the government of South Sudan. This notion and activities undermine the rule of law and erode trust in legitimate institutions. RSF (Janjaweet) of Sudan was recklessly formed in 2003 to fight for Islamic Fundamentalist Government against other tribes deemed NOT Arabs. The result of that naive and unthinkable move is the current destruction of Sudan. We must not allow these habits of having militias in the country in name of community defense mechanisms. It's soul responsibility of the government of South Sudan to defend and protect its citizens everywhere in the country.

Red Belt existence risk not only the lives of innocent civilians but also the principles upon which our communities and nation are built. Every citizen has the right to feel protected by legitimate law enforcement, relevant government institutions and to live in a society governed by laws that apply equally to all.

I call upon governments to take immediate and firm action to disband, dismantle and destroy the so called Red Belt Militia and to ensure that those who incite, organize, or participate in these illegal militias are held fully accountable. Let's stand united in our commitment to peace, justice, and the sanctity of lawful authority, rejecting any form of vigilantism or lawlessness.
We cannot risk taking upon ourselves future threats and instability.

Regards!
Dhel Diing Nhial

06/08/2025

BRIEF LEGAL OPINION!

This legal opinion emanated from press conference held on 5th/August/2025 by South Sudan prominent businessman Ayii Duang Ayii threatening to file lawsuit against government of South Sudan in International Criminal Court (ICC) over unpaid debts. The statement rises legal questions below.

WHETHER INTERNATINAL CRIMINAL COURT HAS JURISDICTION OVER DEBT DISPUTE BETWEEN PRIVATE INDIVIDUALS, COMPANIES AND GOVERNMENTS?

Firstly, International Criminal Court (ICC) is an independent judicial body established by Rome Statue that exercise jurisdiction over persons charged with genocide, crimes against humanity, war crimes and the crimes against aggression.

The jurisdiction of International Criminal Court (ICC) is limited to most serious cases of criminal nature committed against humanity and which ignite international concern. Therefore, private individuals, entities and governments cannot directly file lawsuits at International Criminal Court especially cases of commercial nature because ICC has no jurisdiction to hear cases that stem from commercial disputes.

Despite the fact that there is International Commercial Arbitration which is alternative mechanism for resolving legal disputes between parties from different countries, it has limited jurisdiction to handle cases of commercial nature i.e international debt disputes arising between parties from different countries. Only cases between parties from different countries and you might have adopted 1958 New York Convention of which South Sudan is not a signatory. South Sudan is also protected by sovereign immunity unless waived at time of executing the contract. Therefore, the case involving prominent businessman Ayii Duang Ayii or his companies and South Sudan government is purely domestic debt dispute and doesnot involve international parties therefore cannot file a lawsuit at International Commercial Arbitration or any other international court of arbitration.

WHETHER EAST AFRICAN COURT OF JUSTICE HAS JURISDICTION OVER DOMESTIC DEBT DISPUTE BETWEEN PRIVATE INDIVIDUALS, COMPANIES AND GOVERNMENT OF MEMBER STATES?

South Sudan is a full member of the East African Community (EAC). This regional membership status pave way for individuals and private companies in South Sudan to potentially bring debt cases to the East African Court of Justice (EACJ). So, EACJ has jurisdiction to entertain cases of commercial nature between private individuals, entities and governments from member states but under limited certain jurisdiction where the disputes concerns a violation of the EAC Treaty by a partner state. EACJ's primary role is to interpret and apply the EAC Treaty and other EAC laws. This includes ensuring Partner States adhere to the rule of law and the treaty's principles. The Treaty allows residents of a Partner State, including individuals and legal entities like companies, to refer cases to the East African Court of Justice if an Act, regulation, directive, decision, or action of a Partner State or an EAC institution is unlawful or infringes the provisions of the Treaty.

While the EACJ has expanded its jurisdiction to include trade and commercial disputes and matters related to the East African Monetary Union Protocol which South Sudan Supreme Airlines Co. Ltd maximumly utilized by filing a case against the Ministry of Finance and Economic Planning at the EACJ over a $1.05 billion debt, enforcement challenges always envolve. The EACJ's judgments are binding, but enforcing them can be challenging as it relies on the political will of national governments. There's no mechanism to sanction a state that fails to comply with a judgment. In this regard, Plaintiff may get judgement but if judgement debtor (Government) is not willing to comply with judgemnt then it become difficult to enforce the judgement. Here South Sudan Supreme Airlines Co. Ltd being a private company can file lawsuit at EACJ with probabilities of winning the case but with limited enforcement of judgement unless South Sudan government (defendant) amicably cooperate.

In Conclusion, South Sudan Supreme Airlines Co. Ltd cannot take debt dispute with Government of South Sudan to International Criminal Court (ICC) for debt adjudication because it lack jurisdiction to entertain the matter including Internation Commercial Arbitration. East Afrcian Court of Justice has strict and limited jurisdictions to entertain the matter with enforcement challenges as enunciated above. In spite of weaknesses in South Sudan judicial system, complex legal landscape and lack of independence and impartiality in South Sudan Courts, It remained the best alternative to seek legal redress over debt conflict against the government of South Sudan or private individuals and companies.

Dhel Diing Nhial
Advocate & Legal Consultant
Juba, South Sudan.

04/08/2025

I was honored and privileged to lead the constitutional review process of Ayat East Youth Association in Juba at South Sudan Hotel, Navaisha Hall.

I congratulate members of Ayat East Youth Association in Juba on reaching consensus and successfully codified and Promulgated the constitution that will guide and bind them.

I was dazzled and can attest that the level of intellectualism exhibited during the codification process by membership of AEYA was on extraordinary height and worth of imitation. Such a blessed Payam with strong, well informed and active youths.

I wish you all the best as you carry on your election.

AEYA!

Regards!
Dhel Diing Nhial

23/06/2025

Congratulations to USA and Israel for dismantling Iranian nuclear threat. Iran is a global terror and shouldn't be given chance to develop mass destruction weapons.

09/06/2025

Dr. Riek G*i Kok, Governor of Jonglei State and Gen: James Koang Chuol, Governor of Upper Nile State were able to meet and brief H.E President Salva Kiir Mayardit on security and general issues on their respective states. Yet they recently arrived in Juba.

However, Hon: Simon Uber Mawut, Governor of Northern Bhar Al Ghazal State-Aweil who came to Juba to brief President Kiir on general issues of NBGS, couldn't meet H. E President Kiir Mayardit and it's three weeks now since the Governor arrived in Juba.

What is not happening to my Governor?

04/04/2025

Very crucial step

JUBA, (Eye Radio) – A researcher has called on the government to ensure that traditional leaders are not mobilized for political reasons, but granted autonomy to manage their affairs in a non-political way. Acuil Malith Banggol is the author of ‘South Sudan Kulena Sawa’, a booklet seeking to h...

02/04/2025

Justice must be served without undue regard to technicalities.
rules of procedure are the handmaidens of justice.

01/04/2025

Dear Lord, May you give me wisdom, power and courage to take societal problems as my responsibility.

31/03/2025

We are all equal before the law.

29/03/2025

Nobody is above the law!