Why too Many Judges & Justices are discontented with Chief Justice Chan Reec’s Leadership in the Judiciary?

By Tong Kot Kuocnin, KENYA, JAN/27/2016, SSN;

Although judges are servants of the public, they are not public servants. The duty of a judge is not to give effect to the policy of the government of the day, but to administer justice according to law, without fear or favor and without regards to the policies of the executive government.

There are four major aspects of judicial status or performance namely: independence, impartiality, fairness and competence.

The independence of the judiciary from the executive is indispensable if there is to be public confidence in the administration of justice. However, the malignant inertia, unruly and unscrupulous behaviour that has rocked the judiciary since the current CJ took over the administration could warrant unspeakable dysfunctionality of the judiciary and would intrinsically provoke mistrust of the institution trusted as the last hope in retrieving back rights infringed on and maliciously encroached upon aberrantly.

It has become a common saying that the judiciary in South Sudan is in abeyance where many judges whether senior or junior point fingers at the CJ for not doing enough in addressing most pressing issues of concern both for them and the institution to truly observe its boundaries of separation of powers, independence and impartiality which are the tenets of a true judiciary.

The gap between the CJ and his colleagues grows wider every day and causes many junior judges to think of quitting the institution simply because it is not truly elegant as it should be.

Many judges and advocates are discontented with the way the CJ is running the Judiciary and this is manifested by incessant and recurrent lack of papers in the court causing judges and advocates postponing hearing of cases because of the complete lack of papers which the CJ took no measure to correct and avert at all from occurring in the future which a breach of the right to a speedy hearing and trial.

If the CJ travels to a foreign country without any approval of minor things like toilet paper, it will wait until he comes back and nobody, not even the deputy CJ in his capacity as second man to the CJ, approve toilet papers for use in the courts.

This has caused a lot of discontentment in the administration of the institution and raised eyebrows of not only the judges and advocates but the general public as to whether the judiciary has been privatized and has become the property of the Chief Justice.

Many judges are discontented also over prolonged and complete lack of approval of money for medical treatment, a delay which has caused death of many of their colleagues, who even at far places in the remote areas could be asked to wait in the their respective places of work until their medical requests are granted.

As is usual, it takes months if not a year plus to either get approval or rejection based on whether the junior judge has someone senior in the judiciary or government as a whole.

What legacy would Chief Justice Chan Reec Madut leave behind? A legacy of a Chief Justice who has immersed the judiciary into mud?

Or a legacy of a Chief Justice who has recruited Judicial Assistants on who their fathers and uncles are and not on merits of what they can do to the people of south Sudan?

What legacy would he exactly leave behind? A Chief Justice who controls everything from toilet paper, court papers to entirely everything, what a great Chief Justice?

I just don’t have all the answers to these questions but I am sure you have all the answers, if you don’t then President Salva Kiir has all the answers of keeping him on such a prestigious position meant to deliver judicial and legal services to the people but not to worship him if he issued a decree creating 28 states.

Time for Justice Reec to vacate his seat has come because he unproductively and indignantly sat in the office only to either appease the leadership of the nation by praising and congratulating him on certain decisions or by recruiting on the basis of the people in the government who enjoy and have close relationships with the leadership.

Why too many judges and justices are discontented with Justice Reec’s administration is a combination of these issues and others which have not caught the ears of this author.

I respect Justice Reec as a person and as an elder, he is such a highly educated man, very gracious and active and admired by many at the time, but upon his ascension to the position of Chief Justice, the man suddenly detached and divorced himself from the people.

He closed his eyes and ears and disabled himself from even his immediate close friends and only be regularly associated and aligned to only the people who have easiest access to the leadership.

Be independent, impartial and non-partisan if you want to register a clean, gracious and admirable image and legacy to be remembered after your departure. Don’t take it personal, because you occupy a place and position which everyone has constitutional right of expression if things turn into an uncalled direction. Don’t take it personal.

Tong Kot Kuocnin is a Master of Laws (LLM) Candidate at the School of Law, University of Nairobi. He can be reached via: tongbullen@gmail.com

18 Comments

  1. Gatdarwich says:

    Nothing of national importance can ever be achieved under what my Greater Bor cousins mockery called- the foolish majority–Bhar El Ghazalian justice system.

    Corruptions, Nepotism, Jengesism, and Gongrialism, are exactly the legacy records the treacherous Jenges would and shall be remember for implemented in South Sudan

  2. Deng Deng says:

    Does Republic of South Sudan has full retirement age for their civil servants and whether it is implemented by the Executive?? It seems of public sectors are garages for dumping non productive civil servants until death. Therefore, expect no improvement in services delivery and employment of youth so long there is no retirement in South Sudan. So youth, if some of the civil servants could go strong like uncle Bob Mugabe (91 years of age) of Zimbabwe, then you dreams for sooner employment is shuttered.
    c

  3. Chol Deng Anyieth says:

    You have elaborated well honourable Tong. Our judiciary is beyond reform. The appointment of the former judicial assistants who turned now to be second grade judges portrays a mockery of justice.

    • Yien Mathew says:

      Brother Tong,
      Your writing is a well though articles the reason why many judges are not happy with Chan Reec is just simple,he is a thief,self fish eating alone accepting bribery nepotism and many negative things that do not qualified him to hold this high position.He has been appointed to hold this position bse he is closed to the president otherwise this man does not have any capacity to be chief justice,look crime cases are not being solved bse bribery is in the making.Thk for yr articles

      • Gatdarwich says:

        Yien Mathew,
        Welcome back, wutnuer!

        • Bol says:

          Gatdarwich,
          {False millionaire,No body blocked the pseudo Yien Mathew from commenting on this forum, but he or she must confirm his or her true identity to the Editor period} That was you commenting on January 15, 2016 at 1:51 am…..Now {Yien Mathew, Welcome back, wutnuer!}…….How would your wutnuer take your first name-calling? Please try to be less reckless in your comments because your today’s enemy could be your tomorrow’s friend.

          • Gatdarwich says:

            Bol,

            Point of correction, Brother Yien Mathew was never an enemy, and has never declared to be an enemy to Gatdarwich.

            Yes, Gatdarwich and few commentators were suspicion of some highly contradictory and irreconcilable comments that were supposedly emanating from Gen. Yien. So, our patriot Editor, took unbiased-commendable action to settle the matter amicably.

            Peace, Patriot Gatdarwich.

          • Deng Monymor says:

            Bol,

            Bribery works everything including this wonderful website. “Welcome back, wutnuer” is aimed to mute the tough one from many things including piercing his nyundeng eyes into fake holy alliance. Even our beloved region of civilized has wrapped welcoming gifts in a wonderful garment of their first lady, Margaret Akulia, for wutnuer.
            Contradiction!! Gatdarwich knows none of the meaning of this miracle word, to him it is the same as wutnuer. That’s why nyanteer (chicken) soup tastes good to him at restaurant while in front of Nyankoang, it is detestable. Then only thing that makes sense to him is Leer county, his headquarters of Doom.

  4. Dutajieng says:

    Fiirst, Gatdarwich, we will never be your cousins to the dumbest humans that have ever existed on the planet, am talking about the brainles Nuers which are a cursed to the republic, you deserve to be taken back to sudan or given an independent state b’se with you in RSS christ will find us still messed up. BACK to the article, i think the editor is absolutely correct b’se what Chan somebody is doing, i think a dead man like my dad killed in the 1980s in action against Jallaba is far better than him thought at times i really wondered why we fought sudan in the first place coz there is not difference btn Kiir and Bashir

  5. Gatdarwich says:

    Dutajenge,

    Don’t quiver cousin, because our case will and shall be domestically rotated one day. It’s undeniably will be like day and night rotation! It is evidently the brightest daytime in Jenges’ residences— palaces, and extremely dark night in Naath Nation lands. Even though, both darkness and brightness seems to be nonrotable in our situation, they’re gradually unnoticeably-obscurely switching places/rotating in our faces period

  6. Gatdarwich says:

    Dutajenge,

    Don’t quiver cousin, because our case will and shall be domestically rotated one day. It’s would undeniably be like day and night rotation! Now, it is evidently the brightest daytime in Jenges’ residences— palaces, and extremely the darkest nighttime in Naath Nation lands. But, even though, both darkness and brightness seems to be nonrotable in our situation, they’re gradually unnoticeably-obscurely switching places/rotating in our faces period

  7. Itikwili says:

    or so ‘too many judges and justices’ in this country? what are they doing? serving the interest of the Jenges? the country? the analyses could have been done better, but issues and the person is completely mixed up: toilet paper approval, detachment of relationship with people and independence of judiciary; not clear seeing the direction of the critique if any! more so a complaint! good luck!

  8. Bol says:

    Dear SSN readers,
    Our editor has responded to our request for accepting donation in order to keep our Newspaper running and do other more stuff necessary for Freedom of Speech. Being a very shy man, he puts up a very small link on top right hand side of the home page….It is hard to notice! I have taken it upon myself to spread the word, on pro pono basis …..Please donate what you can….Money….Honey or bush meat it will all help…..Thanks for your generosity

  9. Gatdarwich says:

    Deng Guacmor,

    Please don’t quiver cousin, because Gatdarwich and comrade Yien Mathew are among the few staunchest supporters of the democratic change in our beloved motherland, South Sudan. Pleas hurriedly jump into the Patriots’ boat before it is too late to do so!
    Deng Guacmor, please wholeheardedly and unhesitatingly joins Gatdarwich and Wutnuer–Gen. Yien Mathew so that we can quickly and permanently eliminates the coalitions of natural born traitors in Juba.

  10. False Millionaire says:

    Bol,
    Thank u for drowing the attention.
    Dear editor,please kindly disclose the SSN’s bank account details.
    In many countries,due to repeated acts of piracy,credit card internet transactions are highly advised against.
    We hope for your courage to do so and we will never disappoint u!!!

    • info@southsudannation says:

      False Millionaire and all viewers,
      Thanks for your long and continuous involvement with the SouthSudanNation.com.
      I have been running this site for 13 years now on my own and it’s other users who suggested the idea of helping me out so that I continue running this website. Of course without sacrificing the absolute independence of the website, and that includes your views.
      Be assured, I don’t intend to become a “Real” millionaire from these and your donations!
      Any donation is done in full transparency through the PayPal and I will be posting the received donations and usage.
      I hope I have answered your concerns.
      Editor

  11. DengDeng says:

    Change the tack and how you communicate with the CJ. The best way of getting things going when you never receive a response to a request is to switch methods. Instead of asking for permission to do something, state clearly that “Unless I hear anything to the contrary in 7 days, I am assume your approval and will do X,Y and Z”.
    This is an easy and reliable way to bypass the “cork in the bottle”.

    (works for the provision of toilet paper also)

  12. jok lual says:

    to mr Yan mathew my question is are you with Riek or Peter Gadet or G10
    thank you

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