16/04/2024
A Take on the Actions of Warrap State Government Pertaining Green Book Act, 2024
On 5th April 2024, it came to public domains the intentions of Kiirdit & Co. Advocates represented by Kiir Chol to sue or prosecute Warrap state government and the state governor for assenting into law Green Book Act, 2024 citing its constitutionality of the law which is a normal and a righful procedure considering the circumference surrounding the matter.
However, it is of dismay seeing the state government taking the procedure personal and citing irresponsible actions to remedy the situation in its responses made by the press secretary of governor and minister of information. Firstly, in press statement issued by Wath Atekdit on 8th April 2024, he vigorously cited various articles under the TCSS, 2011 as amended which give state legislative assembly powers to enact laws for the state and secondly, the response by minister of information, Wol Mayom posted on Miraya page threatening Kiir & Co. Advocates represented by Kiir Chol with legal suit citing that "Kiir Chol is most wanted wanted person by Green Book Artilce 15".
These two responses are vacant and meaningless and will cost the state government the subject-matter of the proceedings. A notice of intention to sue or prosecute the state government is a normal and a rightful procedure that any aggrieved person can or will take take according to s.33(2) of CPA, 2007 and it is met by the firm. Secondly, the state should calmly wait while preparing to defend its case rather than making irresponsible responses which doesn't hold water.
It was unethical in the first response made by the press secretary of governor and make no sense as to the way he was citing various articles under TCSS, 2011 as amended simply because the issue was not the constitutionality of the procedures on which the law was enacted but rather as to whether Green Book Act, 2024 is inconsistent with the laws of south sudan to declare it null and void abinitio or not? Another thing that the press secretary didn't pay attention to is that the matter is not of its mandate because it is no under the jurisdiction of press secretary to response to the official communications of the government of state rather to that of governor precisely since the subject-matter is a concern of a state as a whole and given the complexity of the matter which requires technical expertise. The actions of the press secretary didn't only belittle state government but rather are irresponsible.
Furthermore, the response made by the state minister didn't save the press secretary since he was the owner the bowl and the right office to make public statement on the matter but rather made matters worst by threatening advocate Kiir Chol for his actions and threat to bring legal suit against him citing that "Kiir Chol is the most wanted person by article 15 of Green Book Act, 2024". The state government should have acknowledged the procedures taken and prepare its defenses to defend the case given the length time of two months the have and that would have constitute a responsible response. These actions of the state government are inviting miscarriage of justice to public and the government itself and they are irresponsible.
The state government should know that they are subjects to people and not the other way round and therefore any member or citizen of Warrap State have a say over the affairs of the state government as part of their freedom of speech. Challenging the constitutionality of Law is not only a duty of any advocate to carryout on behalf of the aggrieved person but also a right to that particular advocate to demand since he will also be aggrieved in one way or the other. Therefore, Warrap State government should cease all the threats and irresponsible statements they are making concerning subject-matter and focus on how to over come suit other then resorting to means that tarnished the image of the state government.
By; Akot Kuek, Advocate at Nile Law Chambers
