By King News
King News 23rd Sept 2024 Juba – A section of constitutional lawyers filed a petition to the constitutional court, challenging the government of national unity over the recent extension of the transition period for two years.
Addressing reporters shortly after submitting the petition to Chief Justice Chan Reech Madut at the Judiciary premises in Juba, Advocate Deng John Deng said they are challenging the legality of the extension.
“We submitted a petition to the Constitutional Court in the Republic of South Sudan; we challenged the legality and constitutionality of the extension of the transitional period for 24 months,” said Deng.
“As lawyers, we think that this extension is unconstitutional, is illegal and we demanding our government to conduct elections within the timeframe,” he added.
Barrister Deng who spoke of behalf of his four other colleagues said they the court to consider extension as null and void.
“We want the court to declare the extension of the transitional period unconstitutional and null and void and we want the court the to order the government to conduct elections within the timeframe,” he noted.
“We submitted the constitutional petition to the office of the Chief Justice and we will follow up our petition on Wednesday this week. From there we will give more details,” he continued.
The advocates cited that petition was based on the Transitional constitution of South Sudan, 2011 that provides “government must not extend but hold elections at the end of transition period.”
The advocates who pick holes in extension of transition period are; lawyer Deng John Deng, Kur Lual Kur, Warnyang Kiir Warnayng, Ador Abraham Kot, and Santo Daniel Deng.
Barristers after handing over their petition to Chief Justice in Juba, (Photo Credit by Santo Oketa)
Meanwhile, lawyer Sawhida Deng, who is also right activist said she was astonished by courage taken by those advocates, adding that shows that South Sudanese are capable and aware of happenings.
However, Mrs. Deng cites Article 8.2 and 8.3 of 2018 peace deal which says ‘in the event of provision conflict with constitution revitalized agreement prevail, including any existing agreement.’
She added that Article 8.4 of also gives parties to the agreement “A right to amend the agreement, consented by cabinets, R-JMEC and the parliament and be incorporated in the constitution.” Lawyer Deng said
“We will be observing, and we can see the constitution Article mentioned in a petition – so, we know what would be a response from the supreme court, but we will observe as the rights activist,”
On Saturday, President Salva Kiir signed a constitutional amendment extending the country’s transitional period by two years, officially postponing elections initially set for December 2024 to December 2026.
The amendment, known as Constitutional Amendment Number 12, was ratified by the National Legislature on Friday during an extraordinary session.
The decision follows a consensus reached by the presidency and key stakeholders to the 2018 revitalized peace agreement to extend the transitional period from February 2025 to February 2027.