By Matik Kueth
The contentious National Security Service (NSS) Bill, which has sparked heated debates among lawmakers and officials, will be returned to the Transitional National Legislative Assembly (TNLA) for further review following a decision by the presidency, according to the First Vice President, Dr. Riek Machar.
Machar revealed the return of the bill to the NTLA after the Vice President for Infrastructure, Taban Deng Gai, hinted at the resolve on Friday at the Eighth Governors’ Forum, where governors and other officials raised concerns regarding the bill’s provisions, particularly those granting sweeping powers of arrest to the National Security Service (NSS).
The concerns primarily centered around sections 54, 55, and 57 of the bills, which citizens and other government officials argued would undermine the rule of law and violate citizens’ rights.
Sections 54 and 55, in particular, detail the power to arrest without a warrant, which critics claim is a direct threat to human rights and due process in a democratic state.
FVP Riek Machar stated that the presidency has agreed to return the NSS Bill to parliament for some sections to be scrapped, citing legal advice from the Ministry of Justice.
“The President and I, after consulting with legal experts, have decided that sections 54, 55, and 57 should be removed from the bill,” Machar said.
He added, “This decision was based on ensuring we uphold the principles of democracy, human rights, and the rule of law.”
The NSS Bill initially gained momentum when it was tabled by the Minister of Legal Affairs, receiving an ovation in Parliament.
However, the final passage of the bill saw a reversal, with the controversial arrest powers remaining intact after lobbying by certain factions within the parliament.
Machar pointed out that the bill’s inclusion of such powers was against the principles outlined in the country’s Constitution, particularly Article 159E, which emphasizes that the National Security Service’s role should focus solely on information gathering and analysis, not law enforcement.
“In the Constitution, there is no provision for the National Security to have arrest powers. This is a clear violation of the Bill of Rights. We cannot allow these provisions to stand if we are committed to building a democratic and accountable government,” he stated.
The First Vice President drew attention to the distinction between national crimes such as terrorism or treason, which are already addressed in the Penal Code, and the necessity for due process when arresting individuals.
“If we need to address state crimes, we can rely on the Penal Code, but it must be done through due process and with proper warrants,” he stressed.
As the bill passed through Parliament with the controversial sections intact, Machar acknowledged that the President, who had not signed the bill, had allowed it to “lapse.”
The return of the bill to Parliament aims to ensure that it aligns with both legal standards and democratic principles.
The government’s stance is clear with a steadfast commitment to scrapping the provisions that grant arrest powers to the National Security Service.
“Our aim is to safeguard the rights of our citizens while also ensuring national security is managed in a professional and lawful manner. This bill, as it currently stands, does not reflect those values,” he posed.
Machar underlined the urgency of the matter, noting that the government is keen to resolve the issue swiftly as the next steps for the bill will involve further discussions and revisions in the TNLA.
On July 3, 2024, the National Security and Surveillance (NSS) Bill was passed in the parliament after a contentious debate marked by a lack of consensus among the legislators.
Despite extensive discussions and efforts to reach a middle ground, disagreements persisted, particularly regarding two controversial sections of the bill.
Out of the 391 members present, 274 voted in favor of the bill, demonstrating strong support for its passage.
However, 144 members voted against it, reflecting the deep divisions within the legislature on this issue and three members chose to abstain from the vote, indicating either indecision or alignment with neither side.
The NSS Bill’s return to Parliament is an important step in ensuring that South Sudan’s legal system supports both the defense of its citizens’ rights and its national security objectives as the country continues to negotiate its difficult political and security issues.