(JUBA) – A prominent South Sudanese civil society leader has called on the Ministry of Justice and Constitutional Affairs to initiate the repeal of the National Security Service (NSS) Act, saying it threatens public freedoms and democratic processes in the country.
Ter Manyang, Executive Director of the Center for Peace and Advocacy (CPA), made the appeal in response to the passage of a bill on 3 July 2024 by the Transitional National Legislature. The bill retains controversial provisions in Articles 54 and 55 of the original 2014 NSS Act, which give the security agency powers to arrest and detain individuals with or without a warrant.
Speaking in an exclusive phone interview, Manyang urged the Ministry to present the NSS Act to the Council of Ministers for repeal, arguing that such a step would be consistent with commitments made during the 8th Governors’ Forum in 2024.
“You know, first of all, in this national security bill, it was agreed during the eight governors forum for that one to be repealed,” said Manyang.
He emphasised that both the Ministry of Justice and the Council of Ministers must follow through on this decision to ensure a democratic space ahead of the country’s anticipated general elections.
Manyang expressed concern that the security law, if not repealed, may be used to suppress dissent, restrict civic engagement, and intimidate both politicians and ordinary citizens. He said such laws affect everyone, not just activists or opposition voices.
“So now there are two ways: either the Minister takes it to the Council of Ministers, or if they haven’t seen which position is stronger, they should challenge it in the courts,” he said. “These issues might not just affect me. They are a threat to everybody, whether you are a politician or not. It affects all of us.”
The NSS Act has long been criticised by rights groups and international observers for enabling arbitrary arrests and detentions without sufficient legal oversight. Despite ongoing peace efforts and constitutional reform talks, the NSS has maintained extensive powers that critics argue are incompatible with South Sudan’s obligations under national and international human rights law.
Manyang stressed that for South Sudan to hold credible and peaceful elections, the environment must allow all citizens to participate freely, both before and after the polls. He warned that suppressing basic freedoms such as speech and assembly would undermine the legitimacy of any electoral outcome.
“When we talk about elections, we mean that people must be free. We don’t need permission from anyone,” he said. “South Sudanese need to exercise their freedom of expression and enjoy their rights, as guaranteed under the Constitution.”
The National Security Service Act of 2014 has been a subject of public concern since its passage. While it grants the NSS the authority to gather intelligence and ensure national stability, it also enables officers to arrest and detain individuals for extended periods without court orders or clear legal justification.
The recent decision by parliament to retain these powers, despite public criticism and promises of reform, has reignited debate about South Sudan’s commitment to democracy and the rule of law.
Key Provisions of the NSS Act Raising Concern
| Article | Content | Concern |
|---|---|---|
| Article 54 | Allows arrest without warrant | Enables arbitrary detention |
| Article 55 | Grants NSS broad detention powers | No judicial oversight required |
| 2024 Bill | Retains both articles | Contradicts prior reform promises |
With elections planned as part of the peace roadmap, stakeholders continue to urge reforms that open civic and political space. Civil society organisations, legal experts, and international partners have repeatedly asked the government to amend or repeal laws that restrict freedoms and enable abuse of power.
Despite this, the latest move by lawmakers signals that efforts to limit the NSS’s authority face resistance within the political system.
As of July 2025, it remains unclear whether the Ministry of Justice will take action on the repeal request. The Ministry has not issued a public statement on the matter and no court challenges have been formally initiated.
Manyang concluded by saying that unless the security laws are changed, South Sudan risks entering its first national elections in over a decade without the legal framework needed to guarantee openness and fairness.