(JUBA) – South Sudan’s Transitional National Legislative Assembly has postponed a debate on lifting the parliamentary immunities of two lawmakers after a crucial report from the justice and legislation committee was not ready.
The motion concerns opposition parliamentarian Gatwech Lam Puoch and Robert Anei Salva Mathok. During Wednesday’s session, Second Deputy Speaker Parmina Awerial Aluong told lawmakers that the debate could not proceed without the required committee report.
“For this agenda item number five, the chairperson for the legislation committee has not presented the report. There must be a report first attached to the lifting of the immunities of the MPs. So, I am asking the chairperson to bring that report to the Clerk, after which it can be put in the agenda,” she said.
Gatwech Lam Puoch, a member of the Sudan People’s Liberation Movement-in-Opposition (SPLM-IO), has been in custody since 12 March after being arrested by the National Security Service at his home in Juba. He has not been tried. His detention followed his participation in protests by opposition MPs against the deployment of South Sudan People’s Defence Forces (SSPDF) to Nasir County in Upper Nile State. The SPLM-IO said the deployment risked destabilising the area and undermined the 2018 peace agreement.
In a letter dated 12 June and seen by Radio Tamazuj, Justice Minister Dr Wek Mamer Kuol asked Assembly Speaker Jemma Nunu Kumba to revoke Gatwech’s parliamentary immunity. The minister accused him of crimes under South Sudan’s 2008 Penal Code, including treason, subverting constitutional government, and supplying weapons to insurgents. The SPLM-IO dismissed the charges as politically motivated.
The motion also involves Robert Anei Salva Mathok, the son of the late General Salva Mathok, who is reportedly facing allegations related to a land dispute.
Lawmaker Natalina Amjima Malek told colleagues that the immunity process is designed to ensure fair treatment in court. “According to the conduct of business regulation, when immunity is lifted from you, you are taken to court. And when you win the case, and prove that you do not have a problem, you can be back,” she said.
It remains unclear when the motion will be reintroduced in the Assembly for consideration.
The transitional constitution provides that no criminal proceedings can be brought against a member of the National Legislative Assembly or the Council of States without approval from the relevant speaker, unless the member is caught in the act of committing an offence that requires arrest without a warrant. The constitution further states that the immunity of a lawmaker can be waived if the member is charged with a serious crime.
