Justice at Risk When Courts Turn Political

By Batali Gabriel Modi (Mondurute)
14 October 2025

The Minister of Justice and Constitutional Affairs is now in a very difficult position, and any decision made will determine the future of justice and governance. The mandate of the special court has expired, and any further action risks undermining the very principles the justice system claims to uphold.

If the minister decides to halt court proceedings immediately, it would strongly uphold the rule of law and respect the individuals involved in the cases. This option honours the Constitution and protects people’s rights, ensuring no one is detained or prosecuted unjustly. It would also help restore confidence in the system by showing that fairness and legality apply to all, regardless of circumstances.

On the other hand, insisting on an unlawful extension would endanger everything. It would go against the law and raise doubts about all pending cases, creating confusion and fear. This would not only weaken justice institutions but also damage hope that the judiciary is independent and fair.

If the accused and their defence teams refuse to attend because they believe the extension is illegal, the consequences could be serious. Such a refusal could bring the court to a halt and delay justice for everyone.

It would also expose the questionable legitimacy of the court and raise doubts about fair trials. This could lead to political instability and uncertainty for the government.

Even if the court proceeds without them, any ruling made in their absence could later be overturned, causing even more confusion and harm.

The human cost of such a situation is clear. When justice is delayed or denied, it affects the nation’s trust, peace and stability. The only responsible path is to uphold the law, protect everyone’s rights and preserve the integrity that gives people hope in justice.

Recommendations for a Legal Solution

To restore public confidence and protect constitutional values, the following steps should be taken:

• Suspend Current Proceedings:
The minister should immediately suspend all court proceedings operating under expired mandates or extensions made without legal authority. This will stop further violations and protect the integrity of the justice system.

• Establish a New Legal Mandate:
A fresh special court mandate or a new legal structure should be created in line with the Constitution through proper legislative or executive action. This will ensure justice is administered lawfully.

• Ensure Transparency and Dialogue:
Open engagement with all stakeholders including the accused, defence lawyers, civil society and international observers should be encouraged. Openness builds confidence and reassures people that the system is fair and accountable.

• Involve International Legal Experts:
Respected international human rights and legal professionals should be invited to advise and oversee the process to ensure it meets global standards.

• Protect the Rights of Detainees:
The legal status of all detainees should be reviewed and regularised. Their fundamental rights must be upheld, including the principles of habeas corpus.

Respecting constitutional limits is central to the rule of law and human rights in the international arena. Any unlawful extension of court mandates attracts scrutiny from global legal bodies and human rights organisations. Ignoring these concerns may lead to diplomatic pressure, loss of international support and damage to the nation’s legal reputation.

Above all, the court must remain independent and free from political influence. If the judiciary becomes politicised, efforts to restore constitutional order and public confidence will fail. This would weaken the independence of the justice system and the rule of law itself. A court that follows legal procedures and stays impartial can truly uphold justice, treat people fairly and defend democracy in the country.

Batali Gabriel Modi (Mondurute) is a South Sudanese citizen, commentator and advocate for peace, justice and national unity. He writes as a concerned son of South Sudan.

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