South Sudan’s lawmakers are sharply divided over the passage of amendments to the National Security Act 2014, with 247 MPs voting in support of the Bill while 217 MPs opposed it.
The contention centres on sections 54 and 57 of the National Security Act, which grant security authorities the power to arrest individuals without a warrant under certain circumstances. Section 57 permits warrantless arrests if a person is suspected of committing broad crimes against the state, and it empowers magistrates to visit any detention site. However, the opposition argues that these provisions can be easily abused and undermine civil liberties.
The opposition MPs are calling for the removal of these controversial sections, expressing concerns over the potential for misuse of power. The debate took place in the national parliament building, where security authorities barred activists and journalists from attending.
Activists are particularly worried about the broad powers granted to the security agency, which they believe contribute to the shrinking of civil space. Human rights organisations have criticised the government for its lack of political will to address these issues. In 2023, Amnesty International and Human Rights Watch issued a joint statement urging the South Sudanese Parliament to revise the pending National Security Service Amendments Bill to end arbitrary arrests and other abusive practices.
The Bill, initially drafted by the National Constitutional Amendments Committee (NCAC) as part of the reforms from the revitalised peace agreement of 2018, has faced significant hurdles. It was referred to the Justice Minister in 2019 and then to the presidency in April 2021 for resolution. The Justice Minister recommended that the security authorities’ power to arrest and detain suspects should be limited.
In a comment to Oz Arab Media, Ter Manyang Gatwick, Executive Director of the Centre for Peace and Advocacy, recounted that security personnel detained him and his staff for attending the event. They were released after 40 minutes.
The future of the Bill remains uncertain as the debate continues, reflecting the broader struggle over security and civil rights in South Sudan.