Litigating Before the East African Court of Justice (EACJ)

Hon. Justice Malek Mathiang Malek Vs. The Minister Of Justice Of The Republic of South Sudan

Litigating Before the East African Court of Justice (EACJ) Hon. Justice Malek Mathiang Malek Vs. The Minister Of Justice Of The Republic of South Sudan Bw Advocates November 17, 2022 Litigating Before the East African Court of Justice (EACJ) Hon. Justice Malek Mathiang Malek Vs. The Minister Of Justice Of The Republic of South Sudan […]

In this reference, we successfully obtained a pronouncement in favor of our client. Following our well founded submissions, the EACJ declared that the act of the President of the Republic of South Sudan of removing a sitting Justice of the Court of Appeal vide a Presidential Decree is in violation of Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community and it infringes upon the Transitional Constitution of the Republic of South Sudan.
The decision in this reference has a great impact on matters of Rule of Law, Good Governance, and Independence of Judiciary not only in the Republic of South Sudan but also to all member States of the East African Community. The reference challenged the arbitrary, unlawful and the unguided decision of the President of the Republic of South Sudan of removing the Applicant from the office of Justice of Court of Appeal. The Applicant was removed from his office without following the well-established due process of law in South Sudan in July 2017.

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