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Hearing Due against South Sudan EALA Nominees :: Uganda Radionetwork
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Hearing Due against South Sudan EALA Nominees

The nine would-be legislators had been handpicked by South Sudan president Gen Salva Kiir in March this year. However, the decision was challenged by South Sudan lawyer Wani Santino Jada stressing that Gen Kiir erred in solitarily selecting the countrys representatives to the regional assembly.
Hearing of a court case challenging the appointment of South Sudan representatives to the East African Legislative Assembly-EALA is due on Thursday June 15, 2017 at the East African Court of Justice. 

The nine would-be legislators had been handpicked by South Sudan president Gen Salva Kiir in March this year.  They include Gabriel Garang, Gai Dheng Nhial, Joseph Okelle, Anna Itto, Gabriel Alaak Garang, Thomas Duoth, Gedion Gatban Thoan, IsaaAiz Justin and Adil Elias Sundeng.

However, their appointment was challenged by South Sudan lawyer Wani Santino Jada stressing that Gen Kiir erred in solitarily selecting the country's representatives to the regional assembly.

He said that the act is in violation of Article 50 of the Treaty for the Establishment of the East African Community and the article four of the East African Legislative Assembly Election Act.  Both regulations give the mandate to the National Assembly in each Partner State.

The Arusha based court had earlier issued an interim ex parte order restraining the East African Legislative Assembly from administering the oath of office, or otherwise recognizing nominees from the Republic of South Sudan pending hearing of the main suit. 

Santino argued that, whereas the swearing-in of EALA MPs that was due to take place on June 5, 2017 had been deferred incidentally, it could nonetheless transpire before the hearing of the interim orders inter parties thus rendering the said Application nugatory.

However, the South Sudanese parliament on Tuesday revoked the appointment of the nine lawmakers in a move that could pre-empt the court process. Dengtiel Ayuen Kur, the chairperson of the Transitional National Legislative Assembly (TNLA)'s legal committee announced the revocation of the presidential decree on the appointment of the nine legislators for the regional body.

This is the first time that South Sudan is sending representatives to the assembly since it was admitted into the East African Community last year. 

South Sudan President Gen Salva Kiir holds overwhelming legal powers in the volatile country. He appoints MPs, has a right to suspend other elected officials, including State Governors and has powers to suspend the assembly according to the 2011 Transitional Constitution.

The administration of oath for the other legislators in the assembly has earlier been suspended indefinitely because Kenya, another member of the community had not chosen its nine representatives. The regional body cannot conduct any business in the absence of one partner state.

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