The head of South Sudan's supreme court has announced that he politically supports President Salva Kiir's Establishment Order creating 28 states in place of the 10 constitutionally established states, making clear his position on the matter even before litigation about it comes before his court.

Chief Justice Chan Reec Madut published a “congratulatory message” in This Day newspaper in Juba on Tuesday on behalf of his ethnic group, the Dinka Aguok community and “on my own behalf.”

“Your excellency President of the Republic Salva Kiir Mayardit, I, the Chairman of the Aguok Community in Juba, Justice Chan Reec Madut on behalf of the entire Aguok Community and on my own behalf seize to take this opportunity to congratulate you for your bold decision for the creation of Gogrial State among others.”

The chief justice added, “Your decision is within the SPLM vision of taking the towns to the village... Go ahead with the implementation and we are fully behind you.”

“Long Live President Salva Kiir Mayardit, Long Live the SPLM, Long Live South Sudan,” concludes the chief justice's message in the newspaper.

Salva Kiir's order dated 2 October carved out 28 states largely along ethnic lines. The president said that he would appoint all of the governors and all of the MPs of the new states. He claimed that the decree was the demand of the people who want a 'federal' system of government. 

This week a coalition of opposition parties in South Sudan announced that they would fight the Establishment Order in court. “The national alliance this morning petitioned the Supreme Court seeking stay of execution and invalidation of the Presidential Establishment Order Number 36 for creation of twenty-eight states,” said Lam Akol, the alliance chairperson.

“It is a violation of the [peace] agreement, lacks legal basis, usurps powers of the Legislature and contravenes the provisions of the peace agreement,” he added.

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Establishment Order hailed as Kiir's 'checkmate' move; critics cite 'end of Republic'