South Sudan Bar Association has learned about the decision by. The National communication Authority , ordering all internet Service Providers to partially block all social media sites within the Territory of South Sudan for a period of ( 90 ) days effective from 22nd January 2025.
Legal the decision violates Article 24. ( 1 and 2 ) the Transitional Constitution of the Republic of South Sudan . 2011. ( As Amended ) that grants the citizens the right to freedom of speech and expression reception and dissemination of information publication and access to the press . The right to freedom of expression is also guaranteed under article 19 ( 2 ) of the international covenant on civil and political Rights ( ICCPR) and article (9) the African Charter on peoples and Human Rights ( APHRS)
In terms of competence the functions and powers of the National communications Authority (NCA ) is prescribed under section (9)of the National communications Authority Act 2012, and the above section has no provision the grants the NCA the powers and mandate to shut down social media platforms and the sections relied upon 9 (f and g) and 34 (6) of the National communication Authority Act. 2012 are irrelevant as they don’t empower NCA to shut down social media platforms or any other communication medium ,
In terms of justification the decisions of the NCA elites the need to stop the videos footages of the atrocities committed in Wad Madeni Sudan from being circulated on social media platforms in South Sudan the Bar Association rejects this justifications and points out as follows . social media platforms provide the people of South Sudan the right to access information and that is how they have known about the atrocities in Sudan and it enables citizens to follow the fate of their dear ones, social media platforms provide. Entrepreneurs with an opportunity to market their goods services as part of E- Commerce therefore depriving them of essential communications to run their business is unjust interference by NCA .Banning social media platforms gives a collective punishment to all South Sudanese over the misconduct of few individuals which is unreasonable unfair and unjustifiable .
In terms of notice period for executions of the order by NCA the Bar Association noted that the order was signed on 22nd January 202, and its implementation was done in less than 12 hours , which is unreasonable . unconstitutional and illegal . wherefore the position of the South Sudan Bar Association .
Condemns the decision by NCA to shut down social media platforms in South Sudan and calls upon the NCA to withdraw and revoke the said order and refrain from giving such directions , failure to revoke the ban on social media within 72hrs , will leave the South Sudan Bar Association with no options other than institute legal proceedings at the Sudan courts, East African court of justice , as well other regional and international avenues .
South Sudan Bar Association remains steadfast in its commitment to promoting the rule of Law and upholding the Human Rights of South Sudanese citizens including digital rights we will continue to advocate for respect of Human Rights as enshrined in the Transition constitution of The Republic of South Sudan
