President Salva Kiir relieved Chief Justice Chan Reec Madut
of his duties on Wednesday, ending his tenure that began in 2011. He was
replaced by Dr. Benjamin Bak Deng.
In presidential decrees read on South Sudan Broadcasting
Corporation television, Kiir also dismissed Deputy Chief Justice John Gatwech
Lul and appointed Laku Trankilo Nyumbi in his place. No official reasons were
provided for the dismissals.
However, Article 135(2) of South Sudan’s 2011 Constitution
states that judges can be removed by a presidential order for gross misconduct,
incompetence, or incapacity upon the recommendation of the National Judicial
Service Commission.
The constitution also requires that the president appoint
Supreme Court justices on the recommendation of the Judicial Service Commission
and with the approval of a two-thirds majority of the National Legislative
Assembly.
There is no legal term limit for the Chief Justice. Madut
was appointed by Kiir in August 2011, just weeks after South Sudan gained
independence from Sudan.
He had served as the deputy chair of the Southern Sudan
Referendum Commission, which oversaw the independence referendum, and was also
the chair of the Southern Sudan Referendum Bureau in Juba.
His tenure as Chief Justice drew criticism over alleged lack
of judicial independence. Challenges during his term included shortages of
judges, poor infrastructure, insufficient training within the judiciary, and
concerns about corruption and political interference.
In recent months, pressure mounted against Madut. Last
month, a group of South Sudanese attorneys lobbied President Kiir to remove
him, accusing him of failing to deliver justice to the public.
The 2018 peace agreement called for judicial reforms,
including the appointment of new judges and training programs for recent law
graduates. However, activists say progress on these reforms has been slow.
