 |
| Deng Bol Aruai. |
Top News:
By Deng Bol Aruai Bol,
South Sudan is in a strange and troubling place. It often feels like a theater where rumors, propaganda, and misinformation are produced, consumed, and then sometimes turned into law.
What starts as whispers on the street often becomes policy, leaving citizens questioning how such decisions come to pass. Articles 54 and 55 of the National Security Service (NSS) Act are the latest chapters in this unsettling narrative.
These provisions, which give the NSS sweeping powers to arrest, detain, monitor communications, and conduct searches without warrants, are more than just words on paper—they are a direct threat to everyone in South Sudan, regardless of their position or power.
How Did We Get Here?
The journey of Articles 54 and 55 to becoming law is as contentious as the provisions themselves.
The Revitalized Transitional National Legislative Assembly (R-TNLA) debated and passed the articles amid widespread objections from civil society, legal experts, and citizens.
There are credible claims that the process was influenced by intimidation from security forces, raising serious doubts about the integrity of the legislative process.
Even the President, who is the final authority in approving laws, chose not to sign the Act, allowing it to pass into law by default.
This deliberate inaction suggests that the President was aware of the backlash these provisions would cause. By not signing, he avoided direct blame while still allowing the law to take effect.
This decision reflects a troubling pattern: those in power distancing themselves from controversial decisions, knowing the long-term consequences will fall squarely on the shoulders of ordinary citizens.
What Do These Articles Allow?
Articles 54 and 55 give the NSS the power to act without oversight. They can arrest anyone, detain them indefinitely, and access private communications—all without needing a warrant or court approval.
These provisions essentially bypass the judiciary, removing a key check on government authority.
In any functional democracy, judicial oversight serves as a safeguard to prevent abuses of power. By eliminating this layer of accountability, these articles create a dangerous situation where the NSS can act unilaterally.
Such unchecked authority is a recipe for abuse, especially in a country where institutions are weak, and trust in the system is already low.
When the Law Turns on Its Creators
The absurdity of these articles was highlighted recently when the former NSS chief—one of the architects of the Act—found himself in trouble.
Reports suggest he requested a warrant for an arrest, despite having championed provisions that explicitly make warrants unnecessary.
This ironic twist exposes the inherent contradictions in the law and raises a troubling question: if even the creators of these powers don’t understand their limits, what hope do ordinary citizens have?
This incident is a warning. It shows that no one is safe from the misuse of these provisions—not even those who once wielded them. Laws like these are double-edged swords, and when power changes hands, they can easily be turned against their original architects.
A Law That Endangers Everyone
The most alarming aspect of Articles 54 and 55 is that they put every South Sudanese citizen at risk. These provisions don’t discriminate—they can be used against anyone, from political activists to businesspeople, journalists, or even high-ranking officials.
While the President might seem untouchable, even he could become vulnerable if power were to shift through unconstitutional means.
In South Sudan’s fragile political environment, where tribal and communal rivalries often intersect with national politics, these powers are particularly dangerous.
Rogue officers or factions within the NSS could use the law to justify personal vendettas or settle old scores. The absence of any meaningful oversight means there’s little to stop such abuses once they begin.
A Broader Pattern of Abuse
Unfortunately, the NSS Act is not an isolated incident. It reflects a broader trend in South Sudan’s governance: prioritizing security at the expense of individual freedoms.
While national security is undoubtedly important, it cannot come at the cost of the rule of law and basic human rights. Sacrificing these principles creates a culture of fear and repression, which only deepens divisions and fuels instability.
What Needs to Be Done?
The existence of Articles 54 and 55 in their current form is unacceptable. These provisions must be repealed or significantly amended to ensure they align with constitutional principles.
Judicial oversight should be reinstated as a mandatory requirement for arrests, detentions, and surveillance. Without this safeguard, the NSS will continue to operate as a law unto itself, undermining trust in the government and the legal system.
Civil society organizations, legal professionals, and concerned citizens must come together to demand these changes. International partners and human rights organizations also have a role to play in pressuring the government to uphold democratic norms. Reforming these provisions is not just about fixing a flawed law—it’s about protecting the fundamental rights of every South Sudanese citizen.
The Bigger Picture
Articles 54 and 55 are more than just legal provisions; they represent a dangerous precedent. By granting unchecked power to the NSS, they strip away protections that should be guaranteed to every citizen.
In a country as fragile as South Sudan, laws like these do more harm than good. They erode trust, deepen divisions, and create an environment where fear and suspicion dominate.
If South Sudan is to move forward, it must prioritize accountability, transparency, and respect for the rule of law.
Articles 54 and 55 stand in direct opposition to these principles, and their continued existence puts the entire nation at risk. It’s not just about national security—it’s about the kind of country South Sudan wants to be. Laws should protect citizens, not endanger them, and until these provisions are addressed, no one in South Sudan can truly feel safe.
Credit: Deng Bol Aruai.
Comments
Post a Comment