By Kei Emmanuel Duku
AS president Salva Kiir promoted 82 members of jury on Thursday, an advocate appeals for judges in Kajo-Keji, Morobo, and Lainya Counties of Central Equatoria.
Victor Batali Sillas, Director for the Centre for Legal Aid Justice, said this measure would help reduce case backlogs and minimize crime rates.
Welcoming the promotions, Batali, however noted that it highlighted a critical gap.
He noted that Morobo, Kajo-Keji, and Lainya counties have operated without judges for a considerable period, which has “crippled these administrative units in addressing both criminal cases and other legal concerns.”
Batali underscored the vital role of Public Prosecution Attorney (PPA), who supervises and commissions cases.
“If a county like Morobo, Lainya, Kajo-Keji, do not have a Public Prosecution Attorney, there is a likelihood that the police may interfere with the rule of law. There is going to be likelihood of people taking law into their hands,” he warned.
Currently, Lainya and Morobo Counties rely on Yei for legal support. Batali pointed out the challenges posed by distances, mobility issues, and poor road conditions, especially with daily cases occurring in these areas.
“Sometimes suspects must be transported from Lainya to Morobo up to Yei River County. So, how sure are we that these suspects will not be compromised? Given the fact that there is not much mobility in all of these areas,” he questioned.
Cases from these counties are routinely referred to Yei County Court, prompting Batali to ask why they lack their own Inspector of Police and Public Prosecution Attorney.
He stressed that the rule of law is the backbone of a democracy. Without these essential services, Sillas believes “the public will not have trust in the judiciary, in the rule of law. And that also makes development harder because the investor who wants to come to this country needs legal protection for his or her investment,” he added, “If you come-to a place where there is no judge, where there is no public prosecutor, how are you going to operate?”
Batali also raised concerns about the absence of a police inspector in Yei and Lainya. He questioned why eligible police inspectors, particularly those with various departmental units and local knowledge, cannot be appointed to these counties.
Instead of depending on Yei River County for legal support, Batali urged the government to reconsider appointing an Inspector of Police, a Public Prosecutor and judges to Kajo-Keji, Lainya, and Morobo Counties to minimize crime rates.
He emphasized that these appointments are crucial for maintaining law and order, as it’s “very difficult to have a police station without a public prosecutor attorney.”
He noted that out of the six counties in Central Equatoria State (CES), only Terekeka County has a judge and a public prosecutor. Sillas asserted its “high time that judges and public prosecutor attorneys and the special police to each and every county are appointed to maintain order and law.”
Batali explained that the public prosecutor’s primary role is to handle criminal cases such as rape and child murder. “They recommend, investigate, supervise, frame charges, or dismiss criminal claims before court proceedings,” he explained.
However, the absence of a Public Prosecutor often impedes the judicial process within Greater Yei.
“It is within the jurisdiction of the public prosecutor attorney to dismiss or advise the parties to go to civil litigation. Before 2015 or 2016, Morobo didn’t have a judge. After Judge Magisto was promoted to the high court,” Batali explained.
The legal expert further clarified that the Public Prosecutor Attorney also serves as a legal advisor to the county commissioner.
Their absence means the commissioner operates without legal guidance, raising questions about how commissioners from Lainya, Morobo, and Kajo-Keji handle legal agreements with investors.
“The county has programs that they do that require legal agreement that is binding the county and the particular body. So, without this public prosecutor attorney, who checks that? We have this kind of challenges that are happening,” he added.
Batali also stated that most counties within Greater Yei lack an Inspector of Police, with Kajo-Keji relying on services from Yei River County despite having independent County Commissioners. He argued that the Inspector of Police acts as the secretary of the security committee in the county. Without one, Advocate Sillas questioned, “who executes the law and order and who then arrests the police case they commit any crime that warrant their arrest.”
“These counties are struggling in terms of preserving the law and order. Maintaining the security of the counties because almost all the legal structures are dysfunctional,” he concluded.
The Thursday promotions saw 18 high court judges elevated to Justices of the court of appeal, 15 first-grade county court judges promoted to the high court, and 43 second-grade county court judges uplifted to first-grade county courts.