By Spy Uganda
In a stunning political maneuver, South Sudan’s President Salva Kiir has abruptly removed the country’s long-serving Chief Justice Chan Reec Madut, ending a 13-year tenure that has been fraught with controversy, criticism, and calls for reform.
The unexpected announcement was made via a presidential decree broadcast late Wednesday night on state television SSBC, sending shockwaves through the country’s legal and political establishment.
Replacing Madut as the new head of South Sudan’s judiciary is Benjamin Bak Deng, while Laku Trankilo Nyumbi has been appointed Deputy Chief Justice, following the dismissal of John Gatwech Lul. No official reason was given for the shake-up.
Legal Shake-Up Amid Political Uncertainty
According to South Sudan’s 2011 transitional constitution, the president may remove justices for gross misconduct, incompetence, or incapacity—but only upon recommendation by the National Judicial Service Commission. Critics were quick to question whether these constitutional protocols were followed.
“If this appointment came directly from the president, then it is a violation of the constitution,” said Dr. Geri Raimondo, a former judge and respected legal scholar. “But if it followed a recommendation by the Judicial Service Commission, then it would be constitutional.”
A Controversial Legacy
Appointed shortly after South Sudan gained independence in 2011, Chief Justice Madut had become a lightning rod for criticism. His tenure was marred by allegations of:
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Judicial corruption
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Lack of independence from the executive
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Chronic shortages of qualified judges and court infrastructure
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Political partisanship
In July 2023, Madut drew ire after appearing at a political rally for the ruling Sudan People’s Liberation Movement (SPLM) in Wau—raising fresh concerns about the judiciary’s neutrality.
Perhaps most damning was his public endorsement in 2015 of President Kiir’s controversial expansion of states from 10 to 28—an act widely viewed as unconstitutional and politically motivated.
Civil Society Applauds, Questions Motives
Civil society groups cautiously welcomed the change. Ter Manyang Gatwech, a leading activist, said Madut had long faced backlash from within the judiciary.
“There were ongoing tensions between him and junior judges. Many accused him of blocking promotions and interfering politically,” he said. “Two months ago, lawyers formally petitioned the president for his removal.”
Still, Gatwech warned that the timing of the removal raises questions. With opposition leader and First Vice President Riek Machar still under house arrest, observers suspect the judiciary shake-up may be tied to upcoming political trials.
“Maybe they wanted someone more aligned with the president’s interests,” Gatwech speculated. “The judiciary in South Sudan is not trusted. Its rulings are widely seen as influenced by politics.”
Reform on the Horizon?
Both the newly appointed Chief Justice and his deputy are said to have served on past judicial reform committees—a potentially hopeful sign.
Dr. Raimondo urged them to seize the moment: “They must restore faith in the judiciary, push for reforms, and most importantly, fight corruption, which is rampant.”
Under the 2018 revitalized peace agreement, South Sudan pledged to overhaul its judicial system—including appointing new judges and training law graduates. Yet, progress has been sluggish, and public confidence remains low.
What Comes Next?
With the judiciary now under new leadership and political tensions escalating, South Sudan faces a pivotal moment. The removal of a chief justice—especially under a cloud of constitutional ambiguity—raises fundamental questions about separation of powers, rule of law, and the future of judicial independence in one of Africa’s youngest nations.
Whether this marks the beginning of long-awaited reform or a deeper consolidation of power remains to be seen.
