The Transitional National Legislative Assembly on Wednesday pushed the National Security Service Act 2014 (Amendment) Bill 2023 from the second to the third reading.
The bill presented by Simon Kun Puoch, Chairperson of the Specialized Committee on National Security and Public Order, during an ordinary sitting on Wednesday, was initially tabled before the Parliament in its first reading by Justice Minister Ruben Madol Arol in May.
Speaking after a parliamentary session, John Agany Deng, Chairperson of the Information Committee, said the bill has been pushed to the third reading stage in which most of the critical issues will discussed before it is passed.
“This amendment bill 2023 has been discussed in the second reading stage and all the members were given a chance to discuss and the house passed this bill to third reading, and in the third reading stage, this is where the critical issues are discussed and eventually it will go to the fourth and final stage,” said Agany.
According to Agany, Sections 54 and 55 of the National Security Service Act that give the security personnel powers to arrest, detain, monitor communications, and search and seize property without a warrant of arrest have been deleted, saying the sections contradict the constitution which gives the National Security powers to only collect and analyze information.
“They are deleted simply because the two sections, 54 and 55, have given the National Security Upper hand to arrest any person whom they might suspect and this contradicts the constitution which says that the job of the National Security is to find out the information available, prove it and then submit it to the power which actually has a professional way of arresting that person putting in mind the accused remains innocent until proven guilty by law,” he explained.
In February, President Salva Kiir Mayardit and his First Deputy President, Dr. Riek Machar agreed to scrap the powers of National Security to arrest with or without a warrant.
Sections 54 and 55 of the National Security Service Act give the security personnel powers to arrest, detain, monitor communications, and search and seize property without a warrant of arrest.
The National Security Service Act, 2014 which was amended in September 2019, allows security agents virtually unfettered authority to arrest and detain suspects, monitor communications, and search and seize property.
An arrest warrant is a document issued by a judge or magistrate that authorizes the police to take into custody someone accused of committing a crime.
For his part, Gai Mayen, an SPLM-IO lawmaker representing Yirol East County of Lakes State, stressed the need to expedite the passing of the bill in order to give powers of arrest to police.
“This bill should be expedited so that the police go back with its powers, the prison, and other law enforcement agencies go back with their powers. The National Security is not supposed to arrest and detain people as it has been the case, said Mayen.
“We understand during the time of war, it was the state of emergency that probably warranted those powers to be given to National Security but now there is no more war in South Sudan. Ware organizing ourselves as a nation in accordance with conventional law and this is very important for us to take note of,” he added.
Peter Adwok, an OPP lawmaker representing Panyikang County in Upper Nile State, Prof. Peter Adwok demanded that the detention centres of the National Security Service be removed.
“We also encourage the deletion of detention centres, and if possible, for our officers in the security services to open offices at police stations in case they suspect anybody doing anything against the state or very serious crime, they can interrogate the person there and after doing that they put them in the custody of the police because this detention and unknown places of detention can cause a lot of problems,” he stressed.