"We the willing, led by the unknowing, are doing the impossible for the ungrateful. We have done so much, with so little, for so long, we are now qualified to do anything, with nothing" By Konstantin Josef Jireček, a Czech historian, diplomat and slavist.
Select Committee for Vetting of National Ministers,
National Legislative Assembly,
Republic of South Sudan, Juba.
RE: Response to the allegations that I falsely assumed and executed the functions of a Judicial Officer during the liberation days
Hon. Abuk Papiti,
I am writing to your esteemed end in relation to the above mentioned subject, which concerns and pursuant to the queries raised by the Honorable Chairperson and Members charged with the vetting of nominated Members to the Cabinet of the Government of the Republic of South Sudan and particularly to the effect that I did preside over Court Marshall cases during the struggle purporting as a commissioned Captain, and furthermore as a Lawyer.
To begin with, I joined the SPLM/A Movement on the 27th, February 1984, and thereafter went to Political School in March 1984 and subsequently commissioned as a 1st Lieutenant on the 16th, June 1984, on the strength of my degree in B.A in Political Science and
Anthropology (pre-law) U.S.A, copies of my degree are already with you. From October 1984, until April 1985, I worked with the Radio SPLM/A, where I went to Shield two (2) for further military training.
In August 1985, I was deployed under the command of then Maj. Dr. Riek Machar Teny as Operation Officer, therefrom I was deployed again in the same battalion as commander of the 1st Company (coy). On our way to Nuba Mountains for operations, our promotion commissioning us as Captain came out and was backdated to 1st July 1985. After we liberated much of the Western Upper Nile Zone, I was relieved from active combat by then Maj. Dr. Riek Machar Teny and appointed as a Judicial Officer in Leer and later transferred to Tharkuer in Bul Area, not on grounds of my person possessing a law degree, but because of the Military rank as far as the GMC which at that time didn’t require a law degree. Thus, by the same token, the then Maj.
Dr. Riek Machar Teny appointed Lawrence Lony who was a secondary school graduate as a Judicial Officer for Panaru area, and George Kiel was appointed as a Judicial Officer of Ador and Nyuong. It is imperative to note that the latter was not even educated, yet all the same he served as a judicial Officer by the sheer fact of his rank in the military.
Without prejudice to the foregoing paragraph, the only qualified judge in the whole battalion at that time was Dengtiel Ayuen Kur, who was a Judge in the old Sudan. My mere chairing of the Court Marshall was due to my rank as a Captain, as Court Marshall is chaired by at least the rank of captain and above, and any decision made therefrom by the said Court Marshall is referred to the zonal commander, and the said zonal commander forwards it to the C-in-C for confirmation. It is worth noting that the SPLM Penal Code, 1983/4 is silent on the qualifications of who should be appointed to serve as a judicial officer.
The Appellate Court which was the highest court of the Wolf battalion then, was chaired by the Zonal Commander, the then Maj. Dr. Riek Machar Teny and he heard all appeals of both civil and criminal in nature. As such the buck stopped with the Zonal Commander who had the prerogative of affirming or overruling decisions from the lower court.
Comrade Gier Chuang Aloung (Left), Comrade Telar Ring Deng (Center) and Comrade David Deng Athorbei (Right) during bush time
A case example was when then Commander Dr. Riek Machar Teny reversed the decision of General Court Marshall of sentencing Malak Ayuen to death and accordingly set him free. Moreover, the Alternate Commander of the High Command the then, Commander, Dr. Riek Machar Teny chaired a General Court Marshall in which 2nd Lt. MayekRiak was sentenced to death, just to mention but a few of the many General Court Marshall cases that Dr. Riek Machar Teny presided over.
Needless to mention is that Dr. Riek Machar Teny had no Law Degree and by profession he is a Mechanical Engineer, yet all the same presided over many General Court Marshal appellate cases. Accordingly, from the foregoing, I posit that the argument that alleges that I chaired Court Marshall Courts, must fail as it has no basis, based on the brief history I have elucidated herein.
Towards that end, the living witnesses who can attest to these facts is the current President of the Republic of South Sudan, Gen. Salva Kiir Mayardit and Dr. Riek Machar Teny, who was commanding me under Wolf Battalion.
Have the assurance of my highest regards and consideration.
Telar Ring Deng,
Appointed Minister of Justice, Republic of South Sudan, Juba.
Cc
H.E. Gen. Salva Kiir Mayardit – President of the Republic of South Sudan.
Rt. Hon. James Wani Igga- Speaker- National Legislative Assembly
August 12, 2013 (JUBA) – South Sudanese president Salva Kiir has accepted authorising his appointed justice minister, Telar Ring Deng, to approve $600 million on behalf of the government, apparently to acquire a land required for the national security services. Kiir cleared Deng of involvement in a financial scandal, after concerns were raised by South Sudan’s parliament’s appointing committee that questioned the latter’s role in the huge transaction. “The president has confirmed authorising Telar Riing Deng to act on behalf of the government. He has written to the committee and the team is studying the constitutionality of the authorisation because constitutional post holders including advisors are not supposed to be approving any money”, a member of the vetting committee toldSudan Tribune on Monday. The lawmaker, who preferred anonymity, said the committee is in quest for more information to examine the authenticity of Deng’s academic credentials and competence for the key government position. “Justice Minister should be someone not just high integrity, but someone knowledgeable, experienced and independent because he will be handling legal matters which would require honesty and fairness,” he stressed.
“This is why the committee is conducting thorough background check of Telar Deng,” he added. “The committee is not against him as a person”.
The 11-member select committee, the MP further said, sought to carry out more background check on the newly appointed minister allegedly because information on his personal resume does not reconcile with academic credentials. “There is a disparity in the information on his Curriculum Vitae (CV). He told the committee that he has a law degree and had been a judge during a war in the SPLA liberated areas, but the academic documents show a degree of Arts. The documents also do not have dates on which the award was made. No transcript and other relevant information”, the legislator explained.
President Kiir has also asked public not to interfere with the vetting process, asserting it was following a system. The president was reacting to claims that the chairperson of the committee, Abuk Payiti, a quiet but conservative lawmaker, held grudges against Justice minister designate, Telar Ring Deng and his deputy information and broadcasting counterpart, Rachael Nyadak Paul. Members of the committee were, however, quick to dismiss the allegations, saying their chairperson was merely following the criteria set. The two form part of the new ministers Kiir appointed on 31 July. However, parliament has failed to approved them after it received a letter on 7 August from its select committee, which demanded “more information” before they are cleared. “This is a system and must be respected. The committee should be allowed to do its work and see how they do it. Let people not interfere with their work”; Kiir told a group seeking influence to use his powers to allegedly bully members of parliament to clear the minister of justice.
NO ILL-INTENTIONS
Joseph Ngere Paciko, a member of the vetting committee said his team conducted assessment on the personal resume of individual appointees, interviewing them to assess the level of knowledge and other relevant information about their previous experiences and performances and ascertaining whether or not they are competent to deliver services to the people of South Sudan. He said that the committee was neither holding grudges against individuals cabinet ministers nor influenced by anyone to target those in the vetting process but that it was doing its work based on criteria. The committee, he said, had relied on the criteria used by the president to appoint his cabinet ministers and the Transitional Constitution of the Republic of South Sudan 2011.
Paciko said regulation 148 of the Conduct of Business Regulation 2011, gave powers to the speaker and members of the parliament to appoint a select committee. “There were attempts to discredit the committee by claiming that it was biased because the chairperson of the committee Hon. Abuk Payiti was not neutral because she is holding grudges with the Minister of Justice because her husband, Dr. Peter Adwok Nyaba was one of the ministers dismissed by the president,” he explained. Other theories went on further to suggest that members of the committee were influenced by some powerful former ministers to make sure that Telar was not sworn in as justice minister, he added.
He however dismissed as false allegation that the select committee members had been bribed to approve the vetting of the embattled justice minister.
The lawmaker, in an interview with Sudan Tribune, described the select committee chaired by Payiti as “a neutral and competent committee, whose members are all committed sons and daughters of the republic of South Sudan.” The Committee has in its disposal the powers accorded to it in Article 57 (h) of the Transitional Constitution of the Republic of South Sudan, 2011. “The committee was just performing its duties and exercising its mandate in accordance to the law. It is the prerogative of the Select Committee to investigate concerns raised against a candidate and clear them,” observed the lawmaker, who previously served as Western Equatoria state’s deputy governor. The terms of reference of the select committee is the Conduct of Business Regulations, he added.
VETTING POSTPONED
Meanwhile, South Sudan’s parliament on Monday moved to a later date the tabling of the final parliamentary report vetting the appointment of the newly appointed justice minister as well as his information and broadcasting counterpart. The chairperson of the select committee vetting minister said told reporters that the process had to be rescheduled to allow them interview ministers who were not in the country at the time appointments were made by the president. “The committee would not be able to present the report today [Monday] because we are conducting interviews with the other appointees who were not in the country. They came and the committee is still interviewing them,’’ Payiti told journalists at parliament.
PUBLIC REACTIONS
Jok Dut, native of Upper Nile State, commended the house for conducting an aggressive background check on Deng and asked the members not to approve his appointment saying the minister does not have the experience to hold the position. “The minister of justice should be someone with legal background. It should not be filled by anybody because this is where laws of the country are drafted”, Bol told Sudan Tribune Monday. Bol claimed that Telar will not independent as a justice minister because of his interests in the Dura saga.
“This guy (Telar) is not independent. He is now campaigning around telling community members from Bahr el Ghazal that he would block taking those who were involved in the Durra saga to court. This is why he wants to be appointed. He is not going to be an independent justice minister. The house should not therefore approve his appointment”, Bol further said. But Mawien Garang Dut, a native Northern Bahr el Ghazal said it is relatives of corrupt ministers who are opposed to Deng’s appointment. “Those who are against his appointment are relatives of those corrupt ministers. He is competent and also a freedom fighters. He fought for this country. He should be allowed to offer service,” Dut told Sudan Tribune.
PaanLuel Wël is the founder and editor-in-chief of PaanLuel Wël Media Ltd, a news website that covers news, opinions, analysis, history, culture and literature of South Sudan and the world. Founded in July 2011 by PaanLuel Wël to create a platform for free expression and constructive dialogue, the website features articles from various contributors, including columnists, commentators, poets, authors, activists and academics. PaanLuel Wël believes that media can play a vital role in informing, educating and empowering the people to participate in nation-building and social transformation. He also believes that media can foster a culture of dialogue, tolerance and diversity among different communities and groups, and hopes to inspire and mentor the next generation of South Sudanese writers and journalists.
