Suspended First Vice President Dr. Riek Machar appeared in a special court in Juba on Monday, his first time being seen in public since his house arrest in March this year.
He was seen in a cage alongside seven others as the trial, broadcast live on State-Television, SSBC commenced.
Dr. Mchar is facing serious government charges, including treason, crimes against humanity, and terrorism, linked to an alleged attack on government troops in Nasir County of Upper Nile State earlier this year.
However, his legal team told the court that the court is incompetent and has no legal power to try the First Vice President.
They argue that Dr. Machar is protected by constitutional immunity and the 2018 Revitalised Peace Agreement.
Lead defense lawyer Dr. Geri Rimondo Legge told the judges of the court that under the constitution, the only way to remove a Vice President is through an impeachment process in the National Legislature, which would require a two-thirds majority vote.
A criminal trial like this, he said, is illegal.
“Your Lordship, this court is not for people like His Excellency, Dr. Riek Machar Teny, who is governed by the revitalized agreement, and impeachment of His Excellency is supposed to be in accordance with Article 103, Clause 2, should be through passing a resolution by two-third member majority of the National Legislature, which is stipulated here and, in the constitution,” he said.
In response, the prosecution maintained that the court is competent to handle the case, citing constitutional provisions that empower it to try such matters.
The government’s lawyer, Ajo Ony’ohisa Igele, argued that the Constitution and the Judiciary Act give the Chief Justice the power to create special courts to handle serious crimes against the nation.
He stated that since the charges against Dr. Machar include treason and other ‘offenses against South Sudan,’ the special court is exactly the right kind of court for this trial.
“My Lord, in terms of competence of this court to try the First Vice President, it is a prosecution argument that this court is competent to try the First Vice President. My Lord, presiding justice and justices of the special court, article 131, 23 (e) establishes the structure and hierarchy of a judiciary. And under (e) it empowers that there shall be established other courts and tribunals as deemed necessary to be established in accordance with the provision of the constitution and other law.”
The prosecution pointed out that the charges fall under serious criminal offenses defined in South Sudan’s laws.
The court proceedings were adjourned and are set to continue on Tuesday.
