There are five compelling reasons why Michael Makuei should not be in the South Sudan Cabinet:
First, his appointment as Justice Minister is a dangerous choice for South Sudan. In any nation that aspires to uphold the rule of law, the appointment of a Minister of Justice is a moment of profound national significance. This office is not simply another political position—it is the moral and legal conscience of the state. The holder of this portfolio is entrusted with safeguarding justice, defending the constitution, ensuring institutional integrity, and serving the entire citizenry without fear or favor. Such a role demands unimpeachable ethics, professional competence, and a commitment to national—not personal or tribal—interests.
Measured against these standards, the reappointment of Makuei to the portfolio raises deeply troubling concerns. An examination of his long and controversial career reveals a consistent pattern of conduct that stands in stark contradiction to the fundamental principles of justice and good governance. Rather than strengthening the rule of law, his record shows repeated behaviors that undermine public trust, weaken institutions, damage the country’s international reputation, and entrench political division.
These failures can be critically understood through five interconnected areas of concern:
1. The primacy of tribe over nation
Perhaps the most damaging aspect of Makuei’s tenure is his consistent prioritization of tribal identity over merit and national service. A minister is expected to act as a steward for the whole nation, yet Makuei has often behaved as a representative for the Bor community inside the Cabinet.
This manifests most clearly in his staffing practices. During his first tenure as Justice Minister, he reportedly orchestrated the unlawful recruitment and scholarship awards by bypassing formal procedures, in favor of secretly selecting individuals from his own community. The same pattern emerged in the Ministry of Information, where he staffed key positions with individuals from Bor.
His recruitment policy was as simple as it was destructive: present yourself as a Bor native, and the job or scholarship is yours. No interviews. No assessments. No institutional checks.
Such ethnic favoritism reportedly extended to procurement, with government contracts allegedly directed to individuals and companies based on ethnic lineage rather than competitive bidding. By turning public office into an exclusive patronage network, Makuei transformed state institutions into tribal enclaves—deepening ethnic grievances and corroding the integrity of government.
Secondly, Makuei is an internationally sanctioned figure, thus a liability to the nation. In today’s interconnected world, a Minister of Justice must possess unquestionable credibility on the international stage. Makuei’s standing has been severely compromised by targeted sanctions from major global powers such as the United States and the United Kingdom. These sanctions were imposed for undermining peace efforts and obstructing the implementation of critical agreements.
As a result, Makuei is effectively a diplomatic liability. A sanctioned official cannot credibly represent South Sudan before global bodies such as the UN Human Rights Council or the African Commission on Human and Peoples’ Rights. His public dismissal of international human rights reports as “rubbish” only deepens concerns about his disdain for global legal norms.
This is not merely a personal embarrassment—it is a national handicap. A Justice Minister who cannot engage effectively with international partners leaves the entire country isolated at a time when global cooperation is crucial for reform, investment, and stability.
Thirdly, Makuei is a reckless and inflammatory rhetoric peddler, thus a threat to public order. A Justice Minister should be a voice of moderation and constitutional reason. Yet Makuei’s public pronouncements have often been inflammatory, confrontational, and harmful to national cohesion.
His public questioning of the legitimacy of the National Legislative Assembly—despite it being the body that reviews and passes government bills—undermines parliamentary authority and weakens inter-branch cooperation.
Worse still, his declaration that the government does not use teargas but “only live bullets” against peaceful protestors reveals a shocking disregard for the right to life and the freedom of expression. His celebratory remarks about the death of journalist Christopher Allen, whom he called a “white rebel,” further demonstrate a troubling hostility toward the press and civil society.
Such rhetoric erodes confidence in state institutions and signals a disposition that is incompatible with democratic governance.
The fourth reason is that Makuei is an outdated and misguided legal paradigm believer. The Justice Minister is responsible for overseeing legal policy and the administration of justice—not passing judgments or assuming judicial powers. Yet Makuei’s recent declaration that he intends to “empty the prisons” betrays a fundamental misunderstanding of the separation of powers. The vast majority of prisoners have been convicted through legal processes; a minister has no authority to arbitrarily overturn judicial decisions.
Equally concerning are his public statements on international legal disputes, which suggest a lack of understanding of the binding nature of international treaties, arbitration clauses, and contractual obligations. When a state signs agreements, it voluntarily accepts certain jurisdictions. Dismissing these obligations as foreign interference exposes South Sudan to costly litigation and reputational damage.
A Justice Minister who does not grasp foundational legal principles places the nation at risk—both domestically and internationally.
Makuei’s culture of impunity is another reason why he should be out of the Cabinet. He shields the powerful. Perhaps most corrosive is Makuei’s reputation for shielding individuals within his political and tribal networks from legal accountability. When a minister is perceived as capable of influencing prosecutions, ordering releases, or interfering with investigations, the entire criminal justice system collapses into selective enforcement.
The allegations of tribalized prosecutions, interference in legal processes, and the selective release of suspects create an environment for impunity. Under such conditions, justice becomes negotiable and the rule of law is replaced by personal power.
A Justice Ministry captured by political influence can no longer be the guardian of justice—it becomes an instrument of protection for the powerful.
Makuei’s reappointment as Minister of Justice is a profound test of South Sudan’s commitment to justice, reform, and national unity.
At a time when South Sudan must rebuild its institutions, restore public trust, and engage constructively with the international community, the Justice Ministry should be at the forefront of reform. Instead, under Makuei’s leadership, it risks becoming an arena for division, impunity, and political manipulation.
For a country still searching for stability, democracy, and national cohesion, the continued presence of such a polarizing and controversial figure in one of the most sensitive Cabinet positions is more than an unfortunate choice— It is a dangerous step backward for South Sudan’s future.
The writer, Kenyi YA Kenyi, is a South Sudanese Advocate & Human Rights Lawyer, and he can be reached via: kenyiyasin@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.