JUBA – The Special Court hearing legal proceedings against eight SPLM/A-IO officials including suspended First Vice President Dr. Riek Machar, has ruled that it is competent and has jurisdiction to hear the high-profile case.
On 22nd September, the defense team filed an objection to the trial citing lack of mandate from the court and what it termed unprocedural arrest of the First Vice President Dr. Riek Machar.
In his ruling, presiding judge James Alala Deng ruled that there is no overlapping jurisdictions between the special court and the pending Hybrid Court, since the independent tribunal is yet to be formed.
Alala therefore said the special court enjoys jurisdiction and competence to try the case, since the Hybrid Court is not yet in existence.
On the arrest of FVP Machar before lifting his immunity, the court says the constitution grants immunity only to the president and not the first deputy.
Machar and seven top military and political officials were indicted early in September on serious charges of murder, treason, and crimes against humanity, following the conclusion of an investigation on the fighting in Nasir County.
The SPLM-IO leader and Petroleum Minister Puot Kang Chol were then suspended from office by President Kiir on September 11, to allow the legal proceedings against them.