114. They reference Section 16 (a) of the South Sudanese Passport & Immigration Act
which provides that, "South Sudanese Nationals and aliens holding non-Diplomatic
Passports may not be allowed to depart South Sudan if such person has been
formally charged with a criminal offence that has not yet been cleared before the
courts." They argue that the law under reference mentions the term "may", not
"shall". Thus, to any reasonable person, this law is applicable to serious offences,
but not minor ones, such as the forged case of which its punishment is only a fine or
less than 3 months imprisonment or the new void case and one which a bail was
granted.
115. The Complainants further support their argument by referencing the
Commission's General Comment No.5 on the African Charter: on the Right of
Freedom of Movement, in number 14, which provides that:
"while limitation of rights is permissible under international human rights law,
generally, and under the African Charter, specifically, such limitations must never
render rights illusory. To be permissible, any l,i~itatioll,:'9n the ~,ightto freedom
must serve a legitimate aim; and must be piCiportionate witRHWandabsolutely
necessary for the advantages that are to. be obtained in a free and democratic
society."
116. The Complainants aver that the illegal travel ban by the Director constitute a
violation of Article 27 of the Constitution of South Sudan
and violations of Article 12
.,.r
(1) and (2) of the Charter.
Alleged violation of the ri~ht to Property (Article 14)
117.
of
the following details:
Registered Plot owner: Isaac Jugar
Plo] number: 69, Blo<il<
A Ill, 4th Class, Residential Area, Lologo, R
[uba County, Central;']~quatoriaiState,
118. They also submit that they have been in peaceful possession of the land since
May 15, 1990. The Search Certificate, the Allotment of Plot No: 69, Block A Ill,
Lologo and the Confirmation Certificate Form (see page 1 to 2 and page 5 of the
Evidence) are the proofs of ownership of the said land (Section 57 of South Sudan
Land Act, 2009). This property rights to land is an exclusive right of the
complainants (Article 28 and 171 (2) (c) of the Constitution of South Sudan). It shall
not be confiscated without court order (Article 28 (2) of the Constitution), and the
home (the fence and the properties inside it) shall also not be demolished without
court order (Article 34 (3) of the Constitution).
119. They further submit that the Soldiers from the Military Police belonging to the
Respondent State, on orders of their Commander, violated the human rights of the
complainants by raiding and unlawfully and violently confiscating their land,
demolishing their home (fence and properties) and unlawfully handing the
possession of their land to Mading Ngor, who has no legal title to the land, and who
continues to forcefully occupy the land together with the soldiers. They state that
Schedule (B) (7) of the Constitution of South Sudan and Section 41 (2), (4) & (5) of
the Land Act, 2009, provide that land management and administration is
77th
Ordinary Session of the ACHPR
21