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CRN
Wednesday, July 29, 2020 - 09:51
The East African Court ordered President Salva Kiir to reinstate the appellate justices he sacked three years ago.
 
The Court said the dismissal violated South Sudan supreme law and the president lacked powers to remove them without due process, Daily Nation reported.
 
Thirteen judges of the Court of Appeal were fired on July 12, 2017.
 
Presiding Judge Monica Mugenyi said President Kiir’s role in the disciplinary process only comes in the enforcement of penalty and the confirmation of decision by a board of discipline and Judicial Service Council and the Supreme Court’s President.
 
After their dismissal, Justice Malek Mathiang Malek, of the Court of Appeal, filed a case at the East African Court of Justice, challenging the President’s decision.
 
He claimed the dismissal was undertaken without following disciplinary measures required under the Judicial Service Council Act, 2008.
 
Justice Malek also cited breach of South Sudan’s Constitution and the EAC Treaty, amounting to abuse of power and interference with the independence of the Judiciary.
 

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