By Deng Ghai Deng
South Sudan National Security Act 2014 (Amendment Bill – 2024) is poised to automatically become law, according to the Transitional Constitution provision.
This follows passage of the Bill by the Transitional National Legislative Assembly (TNLA) and subsequent submission to President Salva Kiir.
The bill, passed on July 3 and delivered to the President on July 12, will become law if not signed or rejected by the President within 30 working days, a legal expert has confirmed.
Legal expert Bol Gabrial Diing said that while the 30-day statutory period has not yet expired, the President’s silence has raised concerns.
“The constitution is clear on the statutory period of 30 days,” Diing explained. “However, since the bill was submitted on July 12, and today (yesterday) is August 12, 2024, the period has not yet elapsed. It is important to note that 30 working days exclude weekends and public holidays.”
The amendment bill has sparked controversy due to its retention of certain contentious provisions, notably those granting the National Security Service (NSS) expansive powers, including arresting suspects without warrants.
This aspect of the bill contradicts a previous agreement between President Kiir and First Vice-President Riek Machar to remove such provisions due to their perceived unconstitutionality.
Despite this agreement, lawmakers approved the bill with the controversial sections intact. This has led to significant concerns from observers, human rights groups, and foreign diplomats.
Amnesty International has urged President Kiir to ensure that the bill complies with both constitutional and international human rights standards, advocating for the NSS’s role to be restricted to information gathering and analysis rather than arrest powers.
The President’s press secretary, Lily Adhieu Martin, indicated last month that President Kiir intended to review the bill in consultation with legal advisors. However, since then, there has been no further communication from the President’s office regarding the bill’s status.
As the statutory deadline approaches, the public remains anxious about the potential enactment of a law that many fear will enhance the NSS’s powers beyond acceptable limits, reinforcing calls for a thorough review and potential revisions.