Judges Postpone Machar Trial Pending Determination of Court’s Authority

In Juba, a special court has delayed proceedings in the trial of First Vice President Riek Machar and seven co-defendants, resuming on Wednesday, after debates over whether the court has the legal power to try them.

During a session on Tuesday overseen by Justice James Alala Deng, the defense challenged the court’s jurisdiction. They claimed the court is not legally empowered to try Machar and the others unless Machar’s vice presidential immunity is lifted first.

All eight accused appeared in court at Freedom Hall. They are Puot Kang Chuol (40), Mam Pal Dhuor (37), Gatwech Lam Puoch (66), Lt. Gen. Gabriel Duop Lam (53), Dr. Riek Machar Teny (73), Camilo Gatmai Kel (47), Mading Yak Riek (45), and Dominic Gatgok Riek (27).

The charges relate to deadly clashes earlier this year in Nasir, which the government alleges involved Machar’s SPLM/A-IO.

Machar’s chief defense lawyer, Dr. Geri Raimondo Legge, argued that the special court must first demonstrate it has jurisdiction before any substantive allegations are considered. She suggested that since the Nasir clashes allegedly violate the ceasefire agreement under the revitalized peace deal, the matter should be handled by the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), not by this court.

On the other side, the prosecution (led by Deng Achuil Adija) filed a written response to three of the defense’s main objections: questioning the competence of the special court, its status as a hybrid court, and the question of Machar’s immunity.

A procedural issue also emerged when the prosecution attempted to submit a separate document regarding private lawyers helping the public prosecution; Justice Alala ruled all responses should have been contained in a single, unified filing.

After both sides presented arguments, Justice Alala adjourned the case so the court can consider the jurisdictional challenge.

Additionally, Justice Alala ordered that court proceedings be open to independent media, not just the state broadcaster (SSBC). He emphasized that all media houses and interested citizens should be allowed access.

The three‐judge panel (Justices Stephen Simon, Isaac Pur Majak, and Alala) is central to the government’s case. The charges against the accused include treason, murder, crimes against humanity, conspiracy, financing terrorism, and destruction of public property.

The decision expected Wednesday on the court’s jurisdiction will decide whether the trial will proceed with the substantive claims or be stopped on procedural grounds.

Koch Madut