The National Security Service Act 2014 (Amendment Bill – 2024) is poised to automatically become law, according to South Sudan’s constitutional provisions, following its passage by the Transitional National Legislative Assembly (TNLA) and subsequent submission to President Salva Kiir.
The Bill, passed on July 3 and delivered to the President on July 12, will become law if not signed or rejected by the President within 30 days, legal experts have confirmed.
Bol Gabriel Diing, a South Sudanese lawyer and expert in international human rights law, told Radio Tamazuj Monday that while the 30-day statutory period has not yet expired, the President’s silence has raised concerns.
“The constitution is clear on the statutory period of 30 days,” Diing said.
“However, since the Bill was submitted on July 12, and today is August 12, 2024, the period has not yet elapsed. It is important to note that 30 working days exclude weekends and public holidays,” he explained.
The amendment Bill has sparked controversy due to its retention of certain contentious provisions, notably those granting the National Security Service (NSS) expansive powers, including arresting suspects without warrants. This aspect of the Bill contradicts a previous agreement between President Kiir and First Vice-President Riek Machar to remove such provisions due to their perceived unconstitutionality.
Despite this agreement, lawmakers approved the Bill with the controversial sections intact. This has led to significant concerns from observers, human rights groups, and foreign diplomats. Amnesty International has urged President Kiir to ensure that the Bill complies with both constitutional and international human rights standards, advocating the NSS’s role to be restricted to information gathering and analysis, rather than arrest powers.
The President’s press secretary, Lily Adhieu Martin, told Radio Tamazuj last month that President Kiir intended to review the Bill in consultation with legal advisors. However, since then, there has been no further communication from the President’s office.
The public remains anxious about the potential enactment of a law that many fear will enhance the NSS’s powers beyond acceptable limits, reinforcing calls for a thorough review.
According to the South Sudan constitution, any bill approved by the National Legislature shall not become law unless the President assents to it and signs it into law. And if the President withholds assent for thirty days without giving reasons, the bill shall be deemed to have been so signed.
It further says if the President withholds assent to the bill and gives reasons within the 30 days, the bill shall be re-introduced to the National Legislature to consider the observations of the President.