Bar association threatens to sue Ministry of Interior
The South Sudan Bar association has threatened to sue the Ministry of Interior in the court of law for issuing the order which imposes fines on motorists who violate traffic rules including intoxicated drivers.
The association served notice till the close of business on February 14, 2022, for the Minister for Interior to revoke the order.
The Secretary-General of the association, Ajak Mayol Bior, described the order as an “unlawful attempt” by the ministry through the directorate of national traffic police.
“The Bar Association urges the Minister of Interior to immediately suspend the impugned and illegal order. We also urge the Minister to urgently issue appropriate notice to this effect.”
“If this issue is not immediately corrected and in any event by close of business on Monday the 14th of February 2022, the Bar Association will have no option but to move to court to seek conservatory orders.”
Bior said the order was a breach of the Traffic Act 2003 which regulates the work of national traffic police and the Financial Act 2021/2022 which show that the parliament sets the rates and that revenue collection was the work of the National Revenue Authority alone.
“Although this was in good spirit and an attempt to bring reforms to the streets of Juba and South Sudan, the traffic Act 2003, which regulates the work of the directorate of national traffic police does not authorize the directorate to legislate and implement such measures.”
“The legislative powers are only vested in the national parliament. The rates are set by the parliament in the Financial Act 2021/2022. The collection is done by orders of the National Revenue Authority and not by orders of any acting authority as this is deemed to be done.”
The order
On Wednesday, the National Traffic Police issued an order unleashing fines to be imposed on those who violate traffic rules. The document bore the signature of the Assistant Inspector-General for the National Traffic Police Lt Gen Akok Noon Akok and the stamp of the ministry of interior.
“The Administration of National Traffic Police has issued an order imposing fines for the contravention of motor vehicles, motorcycles and rickshaws due to gross violations and misconduct by motorists,” part of the statement reads.
The maximum fine amounted to SSP 50,000 and a minimum of SSP 2000 for anyone who has violated the traffic rules including driving on the wrong path, disobeying instructions and use of insults.
The order indicated that owners of vehicles without number plates, those with one number plate or with covered number plates will be fined as well as intoxicated drivers, drivers without licenses, drivers with expired licenses and logbooks and those without logbooks.
