This fact is clear. The office of the Minister of Foreign Affairs is responsible for safeguarding the sovereignty, dignity, and lawful international standing of the Republic of South Sudan. It should not serve as a platform for a minister influenced by a sanctioned individual to engage in private negotiations for personal survival or to pursue reckless diplomatic experiments.
In instances where a public official exceeds their constitutional authority, the situation transcends political implications and becomes a constitutional issue. The actions of Hon. Monday Simaya Kumba clearly meet or exceed this threshold.
The Transitional Constitution of South Sudan, in Article 3(1), states that the Constitution is the supreme law of the land, binding on all government organs. Any action that goes against it is not valid. Moreover, Article 1(2) vests sovereignty in the people of South Sudan, which must be exercised solely in accordance with constitutional authority. No minister, regardless of their position, has the personal power to negotiate or trade this sovereignty through informal diplomatic actions.
Recent documents issued by the Ministry of Foreign Affairs to the Embassy of the United States of America have revealed questionable engagements seeking sanctions relief for specific individuals, including Dr. Benjamin Bol Mel. Public audits and discussions about accountability have consistently referenced him in matters of corruption, highlighting the significant loss of public funds. The United Nations Inquiry Report from September 2025 explicitly addresses the corrupt practices of Benjamin Bol Mel, who is accused of siphoning offshore over $1.7 billion from a total of $2.2 billion in oil revenue proceeds. The United States has sanctioned this individual since 2021 for his larcenous dealings.
The actions of Hon. Monday Simaya Kumba constitute a direct violation of Articles 4 (1,2) of the Constitution of South Sudan, the Civil Service Act, 2011, and the South Sudan Anti-Corruption Act, 2009, which regulate the behavior of public office holders. These provisions prohibit the use of public office for personal gain, create conflicts of interest, and allow for conduct that erodes public trust. By choosing to misuse diplomatic channels to unlawfully defend an individual implicated in corruption and severe misconduct, Hon. Monday Simaya Kumba has clearly transgressed these legal boundaries.
The Constitution establishes a distinct boundary between policy authority and administrative implementation. According to Article 101(p), the President of the Republic holds exclusive power to conduct foreign policy and oversee international relations. A minister can only act through delegated authority. Therefore, I deem any independent negotiations concerning sanctions, population movement, or strategic concessions conducted without presidential direction unconstitutional from the outset.
Other serious concerns involve credible claims that the minister in question has engaged in negotiations regarding the acceptance of criminal deportees from the United States and discussions related to the relocation of Palestinians who are set to be displaced. These issues directly impact national security, territorial integrity, and demographic stability. According to Article 57(d), international agreements and arrangements do not gain legal force unless ratified by the National Legislature. Any diplomatic commitments made outside this framework lack constitutional validity and may expose the State to international liability.
“Article 151(4, a, b, c, d, e) and Article 160(4) establish that national security institutions are tasked with protecting the sovereignty, territorial integrity, and citizens of South Sudan. The importation of foreign criminal populations without legislative approval, security vetting, or national consensus directly violates this constitutional obligation and poses an unacceptable risk to the safety of citizens.”
The Constitution empowers citizens to hold the State accountable to principles of good governance as outlined in Article 46. This article mandates transparency, accountability, adherence to the rule of law, and the fight against corruption. However, a foreign policy approach driven by a desperate need for sanctions relief, travel access, or the protection of politically connected individuals contradicts these fundamental principles.
The Minister of Foreign Affairs has violated the Petroleum Act of 2012. This Act does not grant the authority to a Minister of Foreign Affairs to enter into petroleum and gas agreements with any foreign country or entity. Hon. Monday Simaya Kumba’s actions in this regard represent an overreach of the powers assigned to the National Petroleum and Gas Commission.
Hon. Monday Simaya seems to overlook the foundational nature of South Sudan’s relationship with the United States. The Republic of South Sudan was established with significant international support from the United States, which is rooted in shared values such as accountability and lawful governance. Secretive communications, transactional diplomacy, or attempts to exchange national resources for personal gain cannot sustain this partnership.
The minister, without considering the seriousness of the situation, invited the United States of America to intervene in the ongoing trial of Dr. Riek Machar Teny. This invitation overlooks the fact that South Sudan is a sovereign state that should not permit any foreign country to interfere in its internal affairs. Domestic issues should not be outsourced recklessly.
The actions in question collectively represent an abuse of office, a violation of constitutional mandates, and conduct that is detrimental to the State. Consequently, the legal criteria for removal from office have been satisfied. The continued presence of Hon. Monday Simaya Kumba in his position undermines constitutional authority, diminishes institutional credibility, and exposes the Republic of South Sudan to potential diplomatic and security ramifications.
South Sudan cannot compromise its dignity; it must adhere to the rule of law. When diplomacy strays from constitutional order, the Constitution must take precedence. To safeguard our sovereignty, legality, and national honor, it is imperative that Hon. Monday Simaya Kumba be removed from office without delay.
Till then, yours truly, Mr. Teetotaler!
The writer, Dr. Sunday de John, holds an MBA and a Bachelor of Medicine and Bachelor of Surgery (MBChB) from the University of Nairobi, Faculty of Business and Management Sciences and Faculty of Medicine, respectively. He is the current Chairman of the South Sudan United Front-Progressive and can be reached via drsundayalong4@gmail.com
The views expressed in ‘opinion’ articles published by Radio Tamazuj are solely those of the writer. The veracity of any claims made is the responsibility of the author, not Radio Tamazuj.