judicial security of tenure

Sacking of 14 judges by South Sudan President unconstitutional: East African Court of Justice

When a government removes one judge from office in a way that flouts the constitution and judicial independence it would be bad enough. But a case brought to the East African Court of Justice (EACJ) by Justice Malek Mathiang Malek against South Sudan’s President Salva Kiir for dismissing him, was just the tip of the iceberg. In fact, Justice Malek was one of more than a dozen judges dismissed by the government in 2017. But Justice Malek, who has had more than 20 years’ experience on the bench, decided he was not simply going to accept the situation.

Read judgment

In its latest decision, the East African Court of Justice has come out strongly against unconstitutional government action to dismiss members of the judiciary. The case involved a senior member of the judicial bench in South Sudan, appeal court judge Malek Mathiang Malek, who challenged his 2017 dismissal by President Salva Kiir.

Subscribe to RSS - judicial security of tenure