South Sudan backtracks on approval of Hybrid Court

JUBA — South Sudan government has this afternoon denied that it has approved the hybrid court provided for in the 2018 revitalized peace agreement to try war criminals.

On January 29, information minister Michael Makuei told journalists following a meeting of the cabinet chaired by President Kiir that the cabinet had directed the minister of justice to begin the process of establishing all the institutions as provided for in the power-sharing agreement.

“[The] Cabinet authorized [the minister of justice] to start the process of establishing all these institutions in accordance with the provision of the peace agreement,” Makuei said at the time.

However, speaking to reporters following a cabinet meeting today Friday, Makuei said he was misquoted by the media on the matter.

“It is very unfortunate that some people misunderstood or intentionally misinterpreted what I said last time about Chapter 5 of the agreement. I didn’t say that the cabinet has agreed to establish the hybrid court. I said the cabinet has agreed and authorized the Minister of Justice to operationalize Chapter 5 of the agreement,” Makuei who is also the government spokesman.

The senior government official said there are procedures to be put in place by the African Union before the establishment of the court.

“The media reported the cabinet approved the establishment of a hybrid court. The establishment of hybrid court is not like any other part of peace agreement, there are mechanisms or procedures that are followed in order to establish hybrid court,” he stated.

“It is not within the competence of the government of South Sudan to say we are establishing and the president issue an order, there are mechanisms, and proceeding, rules and regulations that will be prepared by the African Union in collaboration with the minister of justice,” he added.

He said the court will only be established after the Ministry of Justice drafted a law.

“After the procedures have been adapted, it will be brought to the cabinet and the cabinet will have a look at these rules and regulations after which the Ministry will be directed to draft a law establishing hybrid court,” he said.

“This is the problem of journalists who misreport and some many people have being asking me about that and if you go back to your records, you will find that I never said the hybrid court has been approved to be establish by Ministry of Justice and said the cabinet approved establishment of Chapter of the agreement,” he further clarified.