South Sudan lawmaker jailed for 2 years on civil charge released after immunity breach

JUBA – A South Sudan lawmaker who has been sentenced to two years in jail two weeks ago over a civil case has been released after the parliament complained that the lawmaker has immunity that should first be lifted if the parliament is satisfied on the grounds of the case.

First deputy speaker of the Reconstituted Transitional National Legislative Assembly (R-TNLA) Oyet Nathaniel Pierino said the lawmaker was arrested two weeks ago over a civil case and then accused the judiciary of making the sentence against the lawmaker without a prior consultation with the legislature body.

“I want to raise this in front of the Minister of Justice that last week, our honourable member of the house was arrested in Juba and sentenced to two years in jail. I am wondering why the judiciary which is one of the three arms of the government can jail a constitutional post holder who has immunity and privilege,” Oyet said, according to City Review.

“This must stop. How comes the ministers are not arrested and the judges want their independence? The judges want to be free to discharge their functions, and, no member should be apprehended or to be arrested unless if there is a waiver by the leadership of the legislature,” he added.

The lawmaker who he only identified as Dau should have been arrested without the prior lifting of his immunity from the legislative assembly saying the parliament and the judiciary should next cooperate on similar cases.

“The immunities of the honourable members are just the same as the immunity and privileges being enjoyed by the members of the judiciary. The parliament just like the judiciary enjoys independence and integrity and the doctrine of separation of powers and checks and balance” he said.

“So we expect other arms of government to respect our integrity and independence as a distinct arm of government. Once the leadership of the parliament is satisfied with the ground and after consultation with the MP in question then the immunity may be lifted after which due process of the law can take place,” he added.