REFERENCE NO. 14 OF 2021 ISSA MUZAMIL SEBIT & ANOTHER v. THE ATTORNEY GENERAL OF THE REPUBLIC OF SOUTH SUDAN

The 1^st Applicant alleges that he is the President of the 2^nd Respondent Bar Association and that they were parties in cases at the Court of Appeal of South Sudan. The Applicants allege that the decisions of the Court of Appeal was made without hearing of the parties, recording of Evidence and written submissions, which violates the right to fair trial and also violates the mode of hearing Judicial reviews or civil suits envisaged under Section 295 of the Civil Procedure Act, 2007. That this also makes the Court of Appeal as an organ of the judiciary to violate Article 124(4) of the 2011 Transitional Constitution which requires the judiciary to be subject to the Constitutional law, justices and judges are equally required to uphold the rule of law under Article 124(7) of South Sudan’s 2011 Transitional Constitution as amended. That the actions or violations are in breach or infringe Articles 6(d) & 7(2) of the Treaty.