South Sudan’s Supreme Court is expected to meet on Friday to determine whether Chief Justice Chan Reech should recuse himself from ruling in a case against the 28 states after he publicly revealed his support for the 28 states plan.
Opposition parties brought a case against the government last October after President Salva Kiir decreed the creation of 28 states, saying the president cannot alter the number of states stipulated in the constitution, which is ten. The ‘Establishment Order’ issued by Kiir on 2 October also claimed presidential powers to appoint all state governors and all state MPs.
Chief Justice Chan Reec Madut subsequently published a “congratulatory message” in This Day newspaper in Juba 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,” he wrote.
Lawyers for the National Alliance say this disqualifies him from ruling on the legality of the Establishment Order because he would not be impartial.
Last Thursday, lawyers and politicians of the National Alliance spoke to press after the supreme court delayed a ruling on the case. “They are delaying and I don’t know why. We are waiting for him to say I have recused myself from the case,” said opposition leader Dr. Lam Akol. “Somebody who talks like this can never be partial to see the case… this is why we raised an objective for him to withdraw.”
Agok Makuor, advocate representing the opposition alliance, said that the constitution says if any judge participates in the politics of the country he can never be partial, and therefore he believes he will win the case against the chief justice.
Photos (above): Lawyer Agok Makur speaks to reporters in Juba, 18 February 2016; below: a congratulator message from Chief Justice Chan Reec to President Salva Kiir.