Archive for the ‘Daniel Juol Nhomngek’ Category


In honour, dedication and praise of SISTER CHARITY NYOMBE GABRIEL MODI (advocate), a South Sudanese lawyer practicing in Juba

By Daniel Juol Nhomngek, Kampala, Uganda

swearing-of-john-garang-after-chukudum-convention

Dr. William Kon Bior Duot, overseeing the swearing in ceremony of Dr. John Garang and Salva Kiir as chairman and deputy chairman in Chukudum, 1994

January 17, 2017 (SSB) — NB//: Before you read the article below you ought to know the following— The author of this article is South Sudanese lawyer residing in Uganda and he can be reached via: juoldaniel@yahoo.com . The article is about criminal and criminal law in South Sudan and it is written in honour and praise of SISTER CHARITY NYOMBE GABRIEL MODI (advocate), a South Sudanese lawyer practising in Juba.

I have been pleased with her for upholding her duty as a lawyer to fight against the crime and upholding the rule of law. Her bravery in taking some time off to teach criminals behind public offices and government vehicles in South Sudan has really touched.  I, therefore, direct those who may have interest in knowing what she did to go to her facebook and get the story which made me very pleased with her.

The story begins as, “I feel so happy this morning for I gave a very important lecture on my way to KCB buluk for free…”As a lawyer, I expected her to teach the criminals and at the same time reminding the police of South Sudan to enforce the law through punishing or warning criminals as she did. I am proud of her.
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President Kiir has increased the number of states from 28 to 31, with the introduction of these new states, most in the IO controlled areas of Nuerland: Bieh, Akobo, Latjor , Maiwut, Tambura, Gbudwe, Central Upper Nile and Northern Upper Nile. Yet, The unity of the country does not depend on a number of states a country has but on the good administration and exemplary leadership

By Daniel Juol Nhomngek, Kampala, Uganda

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January 15, 2017 (SSB) —- When the CPA was signed ten states were created but what did we have? Corruption and citizens killing each other were common yet there was no war. Many people complain today that creating more states is not good for development but what do they understand by the term development?

What is important, is it to have few states or is it to have more states to protect citizens so that they live free of fear and develop their own self-reliance mechanisms?  In my understanding what is important for the development of any country and people are not few states but protection of citizens externally and internally so that they are free from fear and be able to engage in economic activities.

There is a different between development of a country and a number of states that the country, may have. The country may have few states but will not develop but some countries may have many states but develop.

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By Daniel Juol Nhomngek, Kampala, Uganda

land grabbing in South Sudan

land grabbing in South Sudan

January 11, 2017 (SSB) —- In economics, land comprises all naturally occurring resources whose supply is inherently fixed (Written By: The Editors of Encyclopedia Britannic Last Updated: 3-30-2009 S). The land is the source of human survival and any person that takes the land of other people must be ordered to return that land to the owner.

As a source of survival land is rich in all kinds of minerals. For example all geographical locations contains different mineral deposits, forests, fish stocks, atmospheric quality, geostationary orbits, and portions of the electromagnetic spectrum.

In that respect, natural resources are fundamental to the production of all goods, including capital goods (Editors of Britannica cited above). Location values must not be confused with values imparted by fixed capital improvements.

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By Daniel Juol Nhomngek, Kampala, Uganda

January 5, 2017 (SSB) — All South Sudanese should be informed that their country is being stolen into another body without their knowledge. The plan is underway to make South Sudan become a member of Arab League that with time it becomes an Arab Country, which is unacceptable. Arab League was founded for Arab members and Arab countries. The Arab League was founded on 22 March 1945 following adoption of the Alexandria Protocol in 1944. It aimed to be a regional organization of Arab states with a focus to developing the economy, resolving disputes and coordinating political aims. Other countries later joined the league. Each country was given one vote in the council.

The first major action was the joint intervention, allegedly on behalf of the majority Arab population being uprooted as the state of Israel emerged in 1948 (and in response to popular protest in the Arab world), but a major participant in this intervention, Transjordan, had agreed with the Israelis to divide up the Arab Palestinian state proposed by the United Nations General Assembly, and Egypt intervened primarily to prevent its rival in Amman from accomplishing its objective. It was followed by the creation of a mutual defence treaty two years later. A common market was established in 1965.

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By Daniel Juol Nhomngek, Kampala, Uganda

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January 4, 2017 (SSB) — On December 14, 2016, the President of South Sudan, General Salva Kiir Mayardit, gave one of the rarest and the best speeches in the history of South Sudan. What made that particular speech stood out and the best among all his other speeches in my opinion was the fact that did the President only give what is required in order to achieve peace in South Sudan but he also gave method how to achieve it.

The three stages of how dialogue should be conducted as proposed by the President in that speech is the proper approach to achieving peace because we should not at this time go to the neighbouring countries to search for peace when we have the country. The reason the Comprehensive Peace Agreement, 2005 was made in Kenya was that South Sudanese did not have the country.

Moreover, the Peace that is always made outside South limits the participation of the rural people, which explains why peace process takes only the views of the warring parties without considering the needs of our rural people as the government and the SPLA-IO are presumed to represent the people which are not true.

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The suspension of Justice Reuben Madol Arol by the President is contrary to the law and it goes to the heart of judicial independence in South Sudan

By Daniel Juol Nhomngek, Kampala, Uganda

RSS coat of ARMS

South Sudan’s coat of arms, in which the eagle symbolizes vision, strength, resilience and majesty, and the shield and spear the people’s resolve to protect the sovereignty of their republic and work hard to feed it.

December 1, 2016 (SSB) — Since the suspension of Justice Reuben Madol Arol in 2015, I have been trying to term with the reality as I was still thinking that the President and his advisors would realize that the suspension was done contrary to the Constitution of South Sudan. However, it has now become crystal clear that the President is not taking step to correct the error of administrative decision that was made to suspend Justice Madol.

What is done to Justice Madol is painful and shows the devoid of proper understanding of law by the president and his advisors by the time he issued the order suspending him. As I have pointed out in the above paragraph, Justice Madol was suspended contrary to the law. Why it is contrary to the law as shall be explained later in the last part of this work is because he was exercising his independence as Justice of the Supreme Court.

The independence of judges or justice is protected under the Constitution of South Sudan in Article 125 of THE TRANSITIONAL CONSTITUTION OF THE REPUBLIC OF SOUTH SUDAN, 2011, which provides—
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By Daniel Juol Nhomngek, Kampala, Uganda

28 governors with president kiir

The swearing in ceremony of 28 governors in Juba, South Sudan, 29 Dec 2015

November 21, 2016 (SSB) —- As South Sudan is faced with many crises due to the lack of effective leadership, Gok State is lucky for getting a right leadership in the person of Madhang Majok Meen. As the saying goes leaders are both made and also born, Madhang Majok is in that category of those borned great leaders.

It is, therefore, not over exaggeration to conclude that Madhang has now proved beyond reasonable doubt that he is a true leader not only for State and Gok people but for the whole of South Sudan. He is the right leader because he puts interests of his subjects above everything else, which is one of the most fundamental elements of a successful leader.

Thus, this article is in response to the recent debate that cropped up on facebook when Hon. Governor of Gok State, Madhang Majok Meen went to meet with His Excellency, the First Vice President, General Taban Deng Gai. The reason for Madhang going to meet the First Vice President was to present his plan to the Central Government. The plan was about how to achieve sustainable peace and development in Gok State.

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By Daniel Juol Nhomngek, Kampala, Uganda

jmec4

The cantonment workshop: “security and inclusivity are a priority for any cantonment operation” in Juba, South Sudan, on November 17, 2016

November 18, 2016 (SSB) — I am not happy with what is going on in South Sudan. All citizens are being held at the mercy of the leaders, whether in the bush or in the government. Every day I hear the sad news is that the governor so and so in the state so and so has sacked employees and so and so employees have been removed or relieved from their duties.

Sadly, all sacking that are carried out are not followed by the reasons as to why the employees are being sacked.  In other circumstances, one hears the announcement over SSBC that the ministry so and so informs its employees who are absent to report to work within so and so days and the failure to report will lead to the decision being taken by the board and the decision of the board shall be final.

Such a statement that the decision of the board shall be final is a fallacy because in the country where there is a court of law, the administrative decisions are never final. It is always subject to the review by the Court of law and the decision reached by the Highest Court is always final.

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By Daniel Juol Nhomngek, Kampala, Uganda

RSS coat of ARMS

South Sudan’s coat of arms, in which the eagle symbolizes vision, strength, resilience and majesty, and the shield and spear the people’s resolve to protect the sovereignty of their republic and work hard to feed it.

November 7, 2016 (SSB) —- Since the spokesperson of Riak Machar, Mr. Gadet Dak, was arrested and deported to South Sudan, many people who are ignorant of the implications of nationals or foreign nationals staging a war against other countries have been trying to show that they know the law by putting forward a flawed and baseless legal argument. The argument they put forward is that James Gadet Dak is an American citizen since he holds the passport of the USA and he should have been deported to the USA instead of South Sudan.

For instance, Collins Hinamundi, the Facebook user who posted to South Sudan Youth Online Forum (SSYOF) made the same argument by making a reference to the fact that Gadet is a US Citizen. He said, “Earlier Machar had also contacted UNHCR officials as Nairobi prepared to deport Dak, who also is a United States citizen”. Many other people have made the same comment since yesterday. The question is: what does the crime of treason he committed against South Sudan do with James Gadet Dak being a citizen of the USA?

As the position of law stands, the argument people are trying to put forward based on the line that Gadet being a citizen of the USA he cannot be deported by Kenya to South Sudan is flawed and cannot be sustained either under the international law or national laws of South Sudan. In short, Gadet has fallen into wrong side of the law and does not have any protection under the international law and the laws of South Sudan.

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He died, rose from the dead and appeared to his disciples in Juba City: The case of the President of South Sudan

By Daniel Juol Nhomngek, Kampala, Uganda

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October 14, 2016 (SSB) — I really laughed when the last episode got over. The episode was the death of the President of the Republic of South Sudan, General Kiir Mayardit.  From that even, I had learned that Rebels were rebels as they who do not care of their actions, which shows that their propaganda was beyond political gimmicks but intended to break the political bonds of South Sudan.

The question is: was it intended to kill the president on the media or was it heard from the credible source from within the office of the President? If the source of the information on the death of the President was from the office of the President, then, there is a great threat to the President and the Country is under seized.

However if the information was invented by the rebels, then the media proved to be very destabilizing and effective tools for the rebels on that day. The rebels almost threw the country into mayhem. This was because death of the president would have been worse than his resignation from the power.

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By Daniel Juol Nhomngek, Kampala, Uganda

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October 3, 2016 (SSB) —- The problems of South Sudan is due to the failure to provide essential services such as road networks, health facilities, security, and education which is caused by rampant corruption. Corruption is caused by the way we perceive the government. Most of us view the government as the shared project which everyone and his or her family or relatives view as an entitlement and as a result, use resources as of right which makes the role of accountability in governance minimal.

The statement in the above paragraph is supported by the fact that majority of South Sudanese whose family member in the government adheres to the principles of accountability and transparency is attacked as being means and shunned. Since the democracy is introduced in South Sudan many politicians working in the government misappropriate government resources to sustain friends and large family members because if they fail to do that they may lose the election.

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By Daniel Juol Nhomngek, Kampala, Uganda

Juba

September 27, 2016 (SSB) — Though it is inappropriate to rejoice at this moment in which it has been bad time for Gok Community for losing one of its respected and hard working generals (may his soul rest in peace), it is also important to inform Gok people and the rest of the world for the Great development that has just taken place in Gok State.  Telling the good news at this critical time in which Gok people are morning their son is based on the Dinka’s saying that though a person dies, people should continue to eat in order to survive. Thus, based on the above Dinka’s saying, I would like to tell all the Gok people, South Sudanese and the rest of the world good news that Gok State has received a gift from China as I will explain what the gift is about shortly.

Nonetheless, before I explain the important gift given to Gok State and Gok people by the Chinese people through Government of South Sudan, it is imperative to tell those who may not be aware about Gok State and the economic standing of China in the world. Gok is one of the 28 states of South Sudan. It is located in the Bahr el Ghazal region and it borders Tonj to the west and Western Lakes to the east. It should be noted that last year (2015) this time, it was not known that that there was going to be something called Gok State that was going to be recognized by one of the second largest economies in the world: China.

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