07/01/2025
Commentary/concise legal opinion regarding the unilateral decision by the Director General of Traffic to reduce the driver’s license duration from the standard five years to one year:
This commentary/legal opinion addresses the above. The reduction raises a lotta questions of its legality, applicability and adherence to set legal procedures, and the potential violations of the applicable laws in the Republic of South Sudan.
The existing legal framework.
1. We are guided by The New Sudan Traffic Act, 2003 regarding the issuance and renewal of of driver’s license. Save to say; Section 31 (4) and Section 32 (1) (2) and (3). These Laws underscore the standard validity periods, the criteria for issuance, and conditions under which deviations from the standard duration may occur.
2. The Authorising Body is only tasked with the strict interpretation and adherence to these statutes. The Body must operate within the bounds of the laws in force within the Republic of South Sudan. Any contravention of these prescribed norms must have a legal backing such as a request for amendment of the same or a valid administrative directive.
3. The rights of the holders of these licenses must be protected and respected. The South Sudanese Nationals and the Foreign Nationals who are holders of these licenses have a legitimate expectation of receiving the licenses for the standard period as prescribed under our laws unless a lawful reason for the reduction is provided and communicated on time.
Analysis:
1. If the New Sudan Traffic Act, 2003 sets the standard duration of a driver’s licence at Five (5) years, any change/ reduction to the same must have a legitimate reason and justified by the law. Once the above is done in contravention of the existing law, it constitutes a potential infringement of the holder’s rights.
2. There should be valid justification for the reduction of the number of years from Five (5) to One (1). Such reasons might include among other reasons the following;
I). Medical conditions requiring frequent reviews of the drivers
ii). Violation of Traffic Laws as per the above Statute and;
iii). Administrative policies that have undergone proper legislative or regulatory changes.
Now, if non of the above is fulfilled, it is inapplicable and the reduction is likely to be null and void.
Therefore; we recommend the following;
1. The Citizens should request a proper explanation from the licensing Authority regarding the reduction of the standard Five (5) years to One (1) year.
2. There should be proper review of the administrative decision-making process for compliance with procedural fairness.
What are the legal options???????
1. If the reduction contravenes the existing statute, consider filing an administrative appeal or a judicial review to challenge the decision of the Director General of Traffic, South Sudan.
2. Seek a declaration that the reduction is unlawful and contravenes the laws of the land and request the restoration of the license to the standard duration of Five Years.
Conclusion;
The reduction of the five years to one, without following the guiding principles of the law, is likely to be deemed unlawful. For those South Sudanese Nationals and Foreign Nationals likely to be affected by the above unilateral decision may/should seek justice, challenge the decision through appropriate legal channels, and advocate for adherence to lawful procedures.
The Director General of the South Sudan Traffic, Gen. Kon John Akot acted ultra vires to his job description as he tried to perform the job of the South Sudanese Parliamentrians. With that in mind, the Ministry of Interior should work together with the proper arm of government, in this case, the Legislature, to table an amendment bill before it for any changes regarding Section 31 and 32 of Laws of the New Sudan Traffic Act, 2003.
~ Litigation Department ~
ACA,
Hai Malakia,
Republic of South Sudan,
Juba
