By William Madouk
Foreigners seeking South Sudan citizenship by marriage will have to find other ways to become citizens of South Sudan effective March 12, 2025, following an order by the Inspector General of Police, Gen Abraham Manyuat suspending nationality by marriage.
However, a member of parliament in the Reconstituted Transitional National Legislative Assembly has picked holes in Gen Manyuat’s controversial order. The order dated March 12 cited desperate foreigners who tie the knot with South Sudanese ladies in a bid to obtain citizenship and then divorce after achieving their goal of acquiring nationality by marriage
“Therefore, under the powers vested upon me as Inspector General of the National Police Service Act 2009 Amendment 2022, I, Gen. Abraham Manyuat Peter, do hereby issue this Order for the Suspension of Nationality by Marriage until further directives from this end,” Reads the order. He said the act is illegal
“It has been observed to my notice that illegal procedures are occurring by the Directorate of Civil Registration, Nationality Passport and Immigration (DCRNPI) for obtaining nationality by marriage,” IGP stated.
According to the police commander, the ban is intended to address mounting concerns about fraudulent operations while also protecting the integrity of South Sudan’s nationality process.
It is expected to force a complete examination of existing procedures and legislation allowing nationality by marriage. As the issue develops, authorities are likely to impose stronger controls to prevent abuse.
In a rebuttal, Juol Nhomngek termed the IGP order as illegal and contravenes the Act of Parliament and the supremacy of the Constitution under Article 3(3) of the Transitional Constitution.
“IGP does not have powers to amend the Nationality Act, 2011. This order of the IGP is illegal as it contravenes the Act of Parliament and the supremacy of the Constitution under Article 3(3) of the Transitional Constitution,” Juol said.
The legislator said not even the minister of Interior, let alone the IGP and any other minister, does not have the power to suspend the provision of the Act made by parliament.
He explained that the procedure of getting citizenship through marriage is one of the fundamental rights that can only be changed by Parliament for compelling reasons. Otherwise, the IGP’s actions are null and void.
The procedure to amend an act is that the minister in charge must first present it before the cabinet, and then, after approval from the council of ministers, it must be tabled before parliament for scrutiny and approval before being signed into law by the president.
The Nationality Act, 2011 chapter; 4 subsection 13 (1.2.3) provides for a foreigner to acquire nationality if they are a lawful wife or husband to a South Sudanese.
“13. Married Alien (1) An alien married to a South Sudanese National may acquire nationality by naturalization upon the approval of the Minister on an application submitted in accordance with the procedures set forth in the regulations, if such an alien is a lawful wife or husband of a South Sudanese National and has been living with her husband or his wife in South Sudan for a continuous period of not less than five years before the date of his or her application”
“(2) An alien, who has become a South Sudanese National in accordance with sub-section (1) above, shall not be required to renounce the nationality of his or her previous country,”
“(3) Notwithstanding the provisions of sub-section (1) above, the President may upon the recommendation of the Minister, exempt any person married to a South Sudanese National from satisfying the requirements stipulated under the sub-section referred to herein,”
However, section 14 says “The President may waive the period provided in section 13 (1) above, for any good compelling reason.”
According to Global Citizen Solutions, citizenship by marriage allows a foreign spouse to gain citizenship in a new country by marrying a citizen of that nation.
These legal procedures provide the spouse with citizenship rights, enabling them to live, work, and enjoy citizenship rights in their spouse’s country, however, eligibility criteria must be met.