Miscarriage of Justice: Life Jail terms for the 16 junior employees of State House, Juba

BY: Deng Lueth Yuang, BA, MA (Economics), CALGARY, CANADA, JUN/16/2016, SSN;

Frankly speaking, most of those sentenced to life imprisonment are Dinkas from President Kiir’s own Dinka tribe. Some could be his own clansmen. Some from other Dinka sub-tribes, a few Kenyans and/or 1 or 2 persons from the Equatoria region (Non-Nuers, but from a place with an amalgamation of minority tribes in South Sudan).

In brief, my early studies indicated that handing down such kinds of judgement in the annals of a South Sudan’s nation are contrived. Talk about the SPLA/M vision – towns to the people, Riek Machar’s coup de’tat and 75 public thieves! Nothing happened for a real cause but just a mere public stunt.

To my surprise, most of these men and women were used, accepted to be used and connived with some top dogs in the president’s office to use their ‘assigned’ VIPs official positions [not meritorious but quackery) within the presidency to amass ill-gotten wealth for their own future prosperity.

Here are the fundamental reasons:
1) Most of them had conflict of interest. Both the executive director, Mayen Wol, and his deputy, Yel Luol, hail from one ‘locality’; Chaat Paul with his daughter, Anyieth and husband Agou Wuoi, used their status within the president office; the Kenyans being IT/computer experts and their owners facilitated president’s fake signature and the rest of the parties used their wittiness, connections and job status to help their bosses who wanted to get rich quick.

2) Is Pres. Kiir’s assent to sign any letter/memo seeking financial intervention from the highest national organs of government such as the Treasury and Central Bank a MUST so that it goes through – without prior investigations and approvals by a legitimate body or person(s) assigned to act upon it especially an accounting officer from his office to sign and present it to an appropriate authority for such transactions to be verifiably honored – needs checked, costs cross-checked and proper withdrawals made within the confines of the Presidency Budget not the Treasury or Central Bank, private banks, forexes, etc. Smell fishy deals here.

3) I heard that there are other 14 ‘lemons’ from Treasury/Finance Ministry and Central Bank who conspired with those 16 caged animals. Where are they? They could bear the highest administrative ‘criminal’ responsibility for condoning such sinister behaviors.

4) When and how did Pres Kiir, himself, become a controller of budgets in his own office – a head of state; a father and a husband; an SPLA commander in chief; a general; a chief justice, etc.?? I smell a rat here.

5) When you can imprison a junior staffer who was insidiously intimidated, forced and/or coerced by a senior officer to conduct such a scandal on his own behalf – what will happen to those big papas and mamas who pres. Kiir wrote the letters to return back $4 billion they ran away with from 2005-2010?

Some of them are still serving this same government up to date. Some are living at large and have fled the land to live in mansions they bought with stolen money abroad. And some are rebels fighting this same government so that they acquire plum government appointments, not the public grievances they seem to echo.

6) Were proper investigation mechanisms employed? Handing a life imprisonment verdict is an unfair sentence especially if one didn’t take another person’s life. Some could be the main perpetrators while the rest were subsidiary/subservient – just recruited to act on behalf of the big fishes! Basic charges that way. It is jurisprudential. Fair enough.

7) Was any recovery of the alleged stolen money (14 million dollars) done? If so, why life in prison? Give a one, two or a 5-year sentence to stay behind bars so that such corrupt incidents won’t occur in the future.

8) If these scandal cases can happen in the highest office on the land – the president’s office – how many such cases are happening daily in each level of the governments – states, ministries, counties, private sector, chief’s, etc?

9) Was the presiding judge and prosecuting officers compromised and/or sub-judicious – functionally semi-literate and inexperienced? Or was there a discriminatory application of their constitutional obligations with biasness based on tribal and age inclinations?

10) Why is Pres Kiir becoming an inimical and a polemical character in all dirty games taking place these days in the country? Do his handlers really understand how unpopular a president can become to win an election or people’s hearts; how a democracy other than dictatorship is the best governance system in the world today?

Interestingly, nowadays, as Charles Darwin once stressed: only the strongest survive.

Disclaimer: The writer has got no grounds in law. He used available data to put up such analysis…

Mr. Deng Lueth Yuang studied Economics (BA and MA) and has more understanding of how such economic and financial crimes can take place anywhere and everyday.

3 Comments

  1. Toria says:

    Mr. Deng
    I have answered a certain commenter on this site in a similar fashion pertaining this issue, let me use some of my previous wordings to comment on your superb article.
    No one can forge a signature of anybody in such a way that US $14 million is to be withdrawn without consultations and verifications of the account holder’s approval confirmation. But off course in South Sudan since the whole government system is ran by ignorant bunch from the same tribe there are no surprises. And that answer’s your concern why; “most of those sentenced to life imprisonment are Dinkas from President Kiir’s own Dinka tribe.” It’s called NEPOTISM, GREED, SELFISHNESS, THIEVES AND LOOTERS.
    In another scenario, it could be that the bankers are used to seeing similar demands of asking for such a huge cash without any reason by the president anytime he wishes, and when they (bankers) try asking questions they get threatened to either obey or lose their jobs or even risk being thrown in jails and so they fear for their life, “Al jabareen bi raba yallum”. And again that is called intimidations or harassment on jobsite. Otherwise it makes no sense whatsoever that the bank manager could have picked up his phone and call president’s direct line just to confirm if indeed he has authorized such a huge withdrawals, and am sure the bank manager knows the president’s direct number. And the other question is; was the $14,000,000.00 withdrawn from the president’s personal account or was it from the National Treasury Account? But someone mentioned that the money came from Central Bank I assume it was “We The People’s Money” being played with like that, and that is a good reason for Kirrmust go to court for negligence and wasteful spending without consultations of South Sudanese. In fact we have proves that Salva Kirr used the money to buy ammunitions from Israel and China to kill the people he’s supposed to protect.
    But according to banking regulations no single individual, even including the President of USA, or Russia, or China or any other sound minded country will be allowed to just walk into a bank and ask for US $14 million, the bankers will first say NOPE, unless you prove that the money will be used for a certain government project such as emergency relief or national defense against a hostile foreign aggressor(s) etc., but not to kill his own citizens. Such a big sum of money will first have to be approved by the MPs, or the Chairman of National Treasury Board and at least three Signatories plus the withdrawer.
    Just look at what is going on in South Africa when President Jacob Zuma embezzled public funds to build his personal multimillion mansions (African Village) in his hometown which he claimed was monies given to him by friends, but South African citizens will not buy his defense arguments. Zuma will not win any election again and he betrayed Mandela’s once shining Star ANC

    • info@southsudannation says:

      Toria,
      Please allow me to clarify how the big monies are blatantly looted in Juba. This goes back to 2005 when the SPLM government moved to Juba for the first time with this abominable thieving culture and habit acquired in the bush during the liberation??? days.
      Because all the powers were with the president from the get-go, Kiir would write, phone or send a special emissary to the ministry of finance (Arthur Akuen then David Athorbei and Kosti…) or to the bank directly (Kornelio Koryom) and the monies demanded would be released immediately without hesitation, doubt or suspicion, it was, after all, from benydit Kiir.
      Shortly afterwards, when the Nuers realized that Kiir and the Dinka had started the looting spree, Machar daringly embarked on similar crusade with his Nuer appointees and supporters in the Bank of South Sudan and the ministry of finance who took similar actions like the Dinka to facilitate Machar’s looting just as Kiir’s.
      This double thievery continued on a parallel trajectory and billions were openly looted, better say, stolen by the two mafias, jieng and naath cartels headed of course by Kiir and Machar respectively.
      It was no wonder then that those jieng J-1 State House employees diligently followed the footsteps of their godfather, Kiir. Either through intimidation, cajoling and sheer natural instinct to steal, the Dinka employees boldly and fearlessly replicated the methodologies used by president kiir to steal people’s money from the coffers of the government.
      Furthermore, it was more prudent for the officials to comply with orders from the presidency, they will be sufficiently rewarded and they will not be killed or jailed should they obstruct the looting process.
      Finally, this debacle of the arrest and life imprisonment of the 16 is a cheap whitewash to divert attention and probable implication of the big men, Kiir, Koryom of BOSS, Athorbei of finance and the gang.
      It isn’t as complicated as astrophysics, practically every child, the homeless and all in Juba and the country at large know who are the biggest thieves in the nation. Justice must start from the top to the bottom. The SPLM/A looters are In-Government and In-Opposition, period.
      Editor

  2. Like father like son” these guys were President Kiir’s office staff. They learned those tricks from the Boss. A leopard ‘s offspring bears the same spots of the mother. Offspring copied the tricks too soon.

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