Malek v Minister of Justice of the Republic of South Sudan and Another
Malek v Minister of Justice of the Republic of South Sudan and Another (Reference No.9 of 2017) [2020] EACJ 21 (24 July 2020) (First Instance Division)
The Court found that the removal of the Applicant from the position of Justice of the Court of Appeal of South Sudan by Republican Decree No.100/2017 was unlawful because it did not comply with the mandatory constitutional and statutory procedures, specifically the requirement for a recommendation from the Judicial Service Commission. The President's unilateral action violated both the Transitional Constitution and the Judiciary Act of South Sudan. This breach of domestic law constituted a violation of the rule of law and good governance principles enshrined in Articles 6(d) and 7(2) of the T…
Source excerpt
- Judicial Independence
- Removal Of Judges
- Rule Of Law
- Treaty Obligations
- Good Governance