Senior lawyer petitions High Court for Bar Association reform

A senior lawyer on Thursday filed a petition with the Juba High Court, calling for the dissolution of existing Bar Association groups and the establishment of a proper Association.

A senior lawyer on Thursday filed a petition with the Juba High Court, calling for the dissolution of existing Bar Association groups and the establishment of a proper Association.

Professor Anthony Ayok Chol, from Ayok and Associates, Advocates, Barristers, Solicitors, and Commissioners for Oath, spoke to Radio Tamazuj at the High Court premises in Juba, stating that he filed the petition to ensure the proper setup of the bar association without any complications.

Professor Chol, one of the founders of the Bar Association before the independence of South Sudan, highlighted the lack of proper leadership since its formation. He explained, “First, we had established an interim committee to last for two years. After two years, no elections or actions took place. Subsequently, a third group led by Younis Ajawin organized a meeting supported by a donor organization, and that was the beginning of the problem.”

“The then-existing Bar Association under Alteib decided to involve national security, halting the proceedings led by Younis Ajawin. Following this, another individual named Issa Muzamil organized a separate election process, but once again, the establishment of the bar faced difficulties,” Chol explained.

The lawyer highlighted the presence of another group identifying itself as the Law Society of South Sudan. In total, there are six groups claiming to be the Bar Association, a situation he stressed is non-existent anywhere in the world. Chol emphasized that one of the primary reasons for his return from Canada was to address this issue.

He stated, “We are now bringing it before the High Court to halt the proceedings of the Ateib group, which is attempting to convene a general assembly. Secondly, we seek an order for a neutral body, consisting of two judges from the court, two attorneys from the Ministry of Justice, and the Secretary-General of the South Sudan Council of Churches and the Secretary-General of the Islamic Council, to organize a general assembly within six months. This will allow all members of the bar to participate and run the election.”

“I am hopeful that the judge will permit us to conduct proper elections supervised by credible neutral bodies. The judiciary can appoint one member from the Supreme Court and one member from the Court of Appeal. Additionally, the Ministry of Justice can appoint one Counsel General and one Senior Legal Counsel. The Secretary-General from the South Sudan Council of Churches and the Secretary-General of the Islamic Council can also be part of this process, and it can take place within the next six weeks,” he emphasized.

Chol explained that other members from the Bar Association have submitted a petition to the court to halt the election, while the group organizing the election has filed a petition to dismiss the case, arguing that it is in the wrong court and should be taken to the Court of Appeal. “I am coming as a co-petitioner, and if the judge does not allow me to become a co-petitioner, I will present my petition separately. If it is rejected, I will appeal to the Court of Appeal,” added Prof. Chol.

“My petition is straightforward – you cannot have six bar associations. The group currently calling for the meeting was ordered by the court four years ago to convene an annual general meeting within two months, which they failed to do. Therefore, they lack the competence and are unqualified to proceed with this meeting,” he asserted.

Chol expressed his concern that individuals are using the Association to lobby for funds for personal benefit rather than the benefit of the nation. He emphasized the crucial role of the bar association, stating, “The bar is a vital institution that provides legal aid to those who cannot afford it. Unfortunately, we do not have legal aid in the country. The Ministry of Justice claims they can provide legal aid, but, regrettably, they rely on donors to obtain legal aid. As a result, many people are languishing in Juba Central Prison simply because they lack legal representation. There are over two thousand such cases.”

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