The High Court in Lakes State on Tuesday ordered the state’s minister of general education and instructions, Nelson Makoi Makur, to reinstate four teachers the latter dismissed last year.
Justice Noi Mabeny Kau in his ruling also ordered the minister to compensate the teachers the sum of SSP 325,000 each for being illegally detained and also pay their salaries arrears for the period they were not working.
The teachers, Mayor Apac, Daniel Deng Mabor, Marial Macuei Mading, and James Malith Malual were among 20 others who were arrested in June 2022 and detained in Rumbek’s Panda Military Barracks for rejecting salaries that were not enhanced as opposed to a presidential directive which enhanced teachers’ pay by 100 percent. The four were kept incarcerated for allegedly inciting their colleagues.
In August 2022, the Rumbek County Court presided over by Judge Akel Alex acquitted the four after they spent nearly two months in jail but Education Minister Makoi and his director general, James Marer Aluel, went ahead to terminate their services saying the teachers were involved in gross misconduct.
Emmanuel Mapuor Mabor, the spokesperson for the teachers in Lakes State told Radio Tamazuj on Wednesday that justice has been served by the the High Court.
“I would like to assure the people of South Sudan and particularly the people of Lakes State that there is the law and you can claim your rights no matter what. We are given our due right by the High Court in Lakes State,” he said. “It is a right of all teachers in Lakes State to demand our new salary structure starting from 2021 until today in 2023 and that was the issue that led to unlawful terminations of our jobs. However, our reputable Justice Noi Mabeny Kau has now given us our rights according to the law.”
“I appeal directly to President Salva Kiir to pay close attention to education in Lakes State because people talk about quality education but it is just an empty slogan,” an elated Mapour added.
The defense lawyer of the teachers, Malith Jokthiang Wundit, confirmed the High Court’s verdict and said it came after a judicial review.
“Well, normally when a judgment has been passed, we have to wait for 14 days to seek the execution of the order but I think the government will comply with the court order and they (teachers) are going to be reinstated,” he said. “If they are not reinstated, we will still go back to court.”
Advocate Jokthiang said he handled the case of the teachers and other cases pro bono.
“I do this for two reasons; one is human rights protection. It is the role of any lawyer in any society to protect human rights and be a rights defender,” he explained. “Secondly, it is to encourage citizens to speak out and to fight for their rights and to make them aware that you have a right to go to court. You have a right to sue the government or anybody instead of taking matters into your own hands.”
The advocate said that it has become a practice for the state authorities to arbitrarily detain teachers across the state and that it must stop.
“This has to stop and I call upon the governor to look into the issue of the ministry of education,” he said. “It has been a big issue since last year and as we speak, five other teachers are being detained at by the National Security Service in Rumbek town.”
Efforts to reach the Lakes State Education Minister Makoi for comment were futile.