The High Court in Juba on Wednesday adjourned the hearing of a case filed against the National Security Service (NSS) by Juba-based lawyer Kiir Chol Deng.
Earlier this week, the High Court issued a summon to the National Security Service’s Internal Security Bureau (ISB) Director General, Gen. Akol Koor, compelling him to explain why his office has failed to vacate Chol’s private property in defiance of a court ruling and order.
Advocate Kiir Chol Deng told Radio Tamazuj Wednesday that the NSS boss did not show up during the court session on Wednesday but instead sent a lawyer to represent the NSS.
He said the NSS lawyer requested the court to give them more time as they had filed an appeal to the Court of Appeal against the ruling of the High Court which ordered them to vacate the contested land.
“Director General Gen. Akol Koor did not come but instead their counsel attended the session on behalf of the national security and prayed the court to give him more time so that he could obtain an order to save the prosecution from the Court of Appeal because they appealed,” he explained. “So, the High Court agreed and gave them two weeks to get the order from the Court of Appeal and the session was adjourned up to 22 November.”
Chol explained that if the NSS fails to adhere to the court order, then the court can order the forceful eviction of the NSS from his property or he will request the court to write to the National Security Committee which is chaired by the President Slava Kiir.
“On 22 November, three scenarios are likely going to happen. One is if they (NSS) obtain an order to stay the execution from the Court of Appeal, then the proceeding will be stayed. If they fail to obtain the order from the Court of Appeal, then I will expect the court to proceed to forcefully evict and demolish the premises that were built by the national security in my plot using the police force or army for that matter. This will be a bit difficult because we are talking about the national security here which is the most powerful organ in this country, so I do not see it happening,” he stated. “Alternatively, if the court cannot forcefully evict them and demolish the premises through the police, then I will pray the court to write to the National Security Council which is chaired by the president, deputized by the vice president, and has some six other members, so that they see how to execute this court order.”
Advocate Chol noted that the issue of his land, in the event it reaches the National Security Committee, will be a test for the president and his administration about their rule-of-law credentials as elections are approaching.
“That would be a good chance for some people like myself to test them, to test the president and first vice president on their agenda because we have been told that they are presidential candidates in the general elections that will happen in 2024,” Chol said. “So, this would be a good chance to test both of them on the issue of rule of law.”
According to the aggrieved lawyer, if all the alternatives available do not work, he will be forced to take the matter to the regional East African Court in Arusha, Tanzania.
“If the president and the vice presidents cannot do anything, then I will take the matter to the regional court that is in Arusha,” Chol stressed.
Counsel Kiir Chol and the NSS have been locked in a court battle over the land and the High Court ruled in Chol’s favor in September but the NSS remains adamant about vacating the property.