I
know many people are still cursing and celebrating the TREASON charges
preferred against Dr. Machar, and the so-called "group A" of political
detainees....Let me break down what TREASON means under the laws of
South Sudan, and why "treason charges against Machar and group A."
Article 4(2) of the Transitional Constitution of South Sudan (2011)
stipulates that " Any person or group of persons who attempts to
overthrow the constitutional government, or suspend or abrogate this
Constitution commits treason. In the same breadth, Section 64 (1) of THE
PENAL CODE ACT, 2008 declares that "Whoever being a citizen of or a
resident in Southern Sudan—does any act, whether inside or outside
Southern Sudan,
with the intent of overthrowing the Government; or
incites, conspires with or assists any other person to do any act,
whether inside or outside Southern Sudan, with the intent of
overthrowing the Government, commits the offence of treason, and upon
conviction, shall be sentenced to death or to life imprisonment."
Furthermore, such acts as preparing or endeavoring to carry out by force any
enterprise which usurps the executive power of the President or the
Government in any matter;in time of war or during a period of public
emergency, doing any thing which assists any other State to engage in
hostile or belligerent action against Southern Sudan; orinstigating any
other State or foreign person to invade Southern Sudan, amounts to
treason as per subsection 2 of Section 64 of the Penal Code.
It is
an open secret that Machar, Taban Deng Gai and Lado Gore had direct
links with the armed rebellion against the government...or what Machar
would call "a move by President Salva Kiir and his allies to silence
opposition within the country’s ruling party (SPLM) leadership."
According to the Deputy Minister of Justice who also serves as the chief
prosecutor in this case, Paulino Wanawilla Onango, “These people have a
case to answer before the court for planning and carrying out the
coup."
What remains a close secret, however, is what the other group
of four political detainees, comprising of Pagan Amum, Majak D’Agoot,
Oyai Deng Ajak and Ezekiel Lol Gatkuoth, did to warrant their treason
charges....the government is yet to come clean on this group's alleged
role in the "coup." A wise guess in this predictable government's card
would be their role in planning to “mobilise the public to bring down
the democratically elected government” since this was the preferred
ground to indict the released seven political prisoners....but for their
luck, or any other reason the government might have, the deputy
Minister of justice says they could not gather enough evidence to
prosecute them.....maybe the government does have enough evidence
against the four or maybe not....the time will tell.
On the other
hand, a friend of mind asked me if President Kiir should be charged for
treason since treason is categorized under "Crimes against South Sudan"
under the Penal code for allegedly instigating any other State or
foreign person (in this case Uganda and UPDF) to invade Southern
Sudan.....well I won't venture into that debate right now.....But he
does have a point. The government has to come clean on the Military role
of Uganda in South Sudan....
But what is curious though is the
government's apparent role as the complainant, prosecutor and a judge,
all in one. This is illustrated by Minister Wanawilla's comments, in
reference to the release of the other detainees, that “Because we did
not have enough evidence to prosecute these people, we are going to
release them on bail,” who is releasing who on bail? This statement
indicates that it is the government who made the bail application.
considered it and made a final decision on it.....never mind the
Constitutional role of the Courts or the Judiciary of South Sudan and
the Cardinal principle of due process in the legal jurisprudence....
This is a classic attack on due process and a mockery of independent
institutions like the judiciary.
But let's face it....treasonable
offenses were committed by the rebels....the government has a share of
blame in this crisis....we have a country that's both politically and
ethnically divided (Equestrians should not also lie that they are cool
with the current arrangements....they are yet to come clean with their
demands for absolute federalism in South Sudan and this is another
potential crisis)....the country is in a dire need of reconciliation and
sustainable peace...which should be the firts priority of the
government at this point. This means seeking a sustainable political
solution to the current problem...addressing all the pertinent
socioeconomic concerns of all South Sudanese irrespective of their tribe
or creed, making a progressive constitution that will incorporate these
concerns and curb executive and other political and military excesses_
this will include moving away from individualized style of governance to
institutional governance. In so doing, the peoples views must be sought
and incorporated in order for the country to move forward.
The
current Hullabaloos are not helping at all...we need to close this
chapter....make the individuals (both in the government and on the
rebels side) who committed the atrocities pay for their crimes....to
ensure justice for the victims.....make this process devoid of political
maneuvers and elimination of perceived political competitors. Make it a
clean judicial process. If there is enough evidence for treason charges
then let the court do its job in an independent and impartial manner.
