The decision by South Sudan’s Inspector General of Police, Gen. Abraham Manyuat Peter, to halt obtaining citizenship through marriage has drawn criticism from a section of the public.
The decision was made following reports of foreigners entering into fictitious and fraudulent marriages with South Sudanese nationals, primarily to get citizenship.
Reech Malual, the chairperson of the Coalition of Public Interest Litigants in South Sudan, said Gen. Manyuat’s decision was unlawful because the Police Act does not grant the IGP such authority.
“To whether the IGP has the power to be able to suspend or amend the Act, I would say the police, as law enforcement, are not a law-making entity or law-making government authority, and therefore they do not have the power whatsoever to suspend any rights or any part of the Nationality Act or any other law within the Republic of South Sudan,” he said.
According to Malual, foreigners can obtain South Sudanese citizenship by legally marrying a South Sudanese person, whether they are a husband or wife, as stated in the Nationality Act of 2011, section 13, subsections 1 and 2 to 3.
For his part, Ter Manyang Gatwech, Executive Director of the Center for Peace and Advocacy (CPA), said such a decision undermines the National Legislature and the Constitution of South Sudan.
“The Inspector General of Police does not have the authority to suspend the nationality by marriage. You know it is only parliament that can revoke nationality by marriage. That decision undermines the National Parliament and the Constitution of South Sudan,” he said. “As the CPA, we express our deep concern regarding the Inspector General of Police’s decision to suspend the nationality by marriage, which falls under the mandate and the jurisdiction of the South Sudan Parliament.”
According to Manyang, the IGP’s action shows a lack of knowledge of the South Sudanese Constitution.
Meanwhile, Juol Nhomngek Daniel, an SPLM-IO lawmaker representing Lakes State’s Cueibet County in the National Assembly, said the IGP would be summoned for usurping parliament’s authority.
“We must investigate whenever we need to do it. Processes that are leading to marriage should always be strictly adhered to ensure that the marriages are not only entered into by some people to get citizenship,” said Juol. “It should be a real love. Otherwise, the powers of the IGP are misused, and it is supposed to be suspended. Parliament is supposed to summon the IGP for abusing the powers.”