The clarification comes after residents of Gudele, Hai-Referendum, and Mai-Saba announced plans to take the government to court over what they termed as persistent neglect of their constitutional rights to essential services.
The group of petitioners, represented by Counsel Mario Maker Majok of Reign Legal & Consultancy Firm, issued a statutory notice on August 26, addressed to the Minister of Justice and Constitutional Affairs, Dr. Wek Mamer.
In their complaint, the petitioners accuse the Ministry of Roads and Bridges, the Ministry of Environment and Forestry, and the Juba City Council of gross negligence in delivering fundamental services such as roads, clean water, electricity, and medical care.
They argue that the continued lack of these amenities amounts to a violation of their constitutional rights and undermines the government’s obligations to ensure decent living conditions for its citizens.
Responding to the lawsuit, the Ministry of Environment stressed that it is a policy-making and regulatory body rather than a service delivery institution.
“The ministry is mandated to develop, implement, and oversee policies, strategies, and legal frameworks for environmental protection, conservation, and sustainability,” said Undersecretary Joseph Africano Bartel in a statement.
He clarified that the ministry does not directly build or maintain infrastructure such as roads, hospitals, or electricity grids. Instead, its role is limited to policy formulation, standard-setting, coordination, and oversight in line with the Transitional Constitution of South Sudan, 2011 (as amended), and other statutory instruments.
Bartel emphasized that service delivery functions rest with specific ministries and local authorities, including the Ministry of Roads and Bridges, the Ministry of Energy and Dams, and the Ministry of Health.
“Any grievances relating to service delivery in Gudele, Hai-Referendum, and Mai-Saba should rightly be directed to the competent authorities responsible for planning and executing these functions,” he added.
Nevertheless, Bartel pointed out that the Ministry of Environment does play an important role in ensuring that all projects undertaken by implementing agencies comply with environmental and social safeguards.
He said this oversight function remains central to safeguarding the health and wellbeing of communities affected by government or private sector projects.
The Ministry reaffirmed its commitment to fulfilling its constitutional and statutory mandate while encouraging citizens to channel their concerns to the appropriate authorities.
It further assured the public of its willingness to collaborate with relevant ministries and state governments to promote sustainable development in South Sudan.
The case filed by the Juba residents represents one of the rare instances where citizens have sought legal redress against government institutions over service delivery.
If admitted in court, it could set a precedent for communities across South Sudan to hold public institutions accountable for the lack of basic services.
