At least 31 hotels in the South Sudanese capital, Juba, have filed a joint suit in the East African Court of Justice (EACJ) at Arusha, Tanzania, against the National Transitional Committee (NTC) chaired by Presidential Advisor on Security Tut Gatluak Manime over accumulated and unpaid accommodation and feeding bills.
According to Senior Counsel Wani Santino Jada of M/S Pan African Law Chambers LLP in Juba who has handled several cases at the EACJ and is the lead lawyer for the hotels, his clients are collectively owed just over US$ 61 million. He said the respondent is the Attorney General of South Sudan who is sued in his official capacity as the Principal Legal Advisor of the government under Article 135 (2), (3), (5b) of the Transitional Constitution of the Republic of South Sudan 2011 as amended.
After the signing of the 2018 revitalized peace agreement, army generals and officials from the parties were accommodated in several hotels and apartments by the National Pre-Transitional Committee which was in charge of the process that led to the establishment of the transitional government. However, in early 2021, many of the hotels started evicting the officials with some turning off electricity and water due to accumulated bills that the government failed to pay.
In March 2023, this publication reported that South Sudan Hotel evicted the National Transitional Committee (NTC), a body tasked to oversee the implementation of the 2018 peace deal, over US$ 6 million in rent arrears.
“The hotels shall be represented by over 42 lawyers from the East African Community led by M/S Pan African Law Chambers LLP,” he said. “The hotels are demanding US$ 61,066,868 and they also prayed (asked) court to issue general and punitive damages.”
Wani intimated to Radio Tamazuj that with punitive and general damages, the court might award the hotels up to US$ 150 million.
A representative of the hotel operators said they accommodated and offered catering services to government officials without interruption but were not paid outstanding dues.
“The government has failed to protect investors in South Sudan, including local and international hotels,” he said. “These violations of domestic and international law ought to be brought to an end through court orders.”
The applicants are Aron International Hotel, Yam Hotel, Quality Hotel, Transit Hotel, Star Hotel, Virgin Hotel, New East International Hotel, Hal Mouna Classic Hotel, Nile Beach Hotel, Karent Hotel, Oasis Camp Hotel, Dembesh Hotel, Amarat Classic Hotel, Pyramid Hotel, Palm Africa Hotel, Referenda Hotel, Juba Landmark Hotel, and MACDOWELL Apartments.
The others are Palm Africa Hotel, Grand Hotel Juba, Royal Palace Hotel, Crown Hotel, Hamza Hotel, Radas Hotel, Red Ocean Hotel, California Hotel, James Hotel, Royal Hotel, Grand Hotel Juba, Star Hotel and Catering Association of South Sudan.
They contend that they are Limited Liability Companies (Companies limited by shares) incorporated under the laws of the Republic of South Sudan, are operational and domiciled in the said partner state of the East African Community (EAC), and are natural persons resident in East Africa within the meaning of Article 30 of The Treaty for The Establishment of The East African Community.