South Sudan: Special Court Affirms Jurisdiction to prosecute Machar and Co-Accused in High-Profile Case

The Presiding Judge of the Special Court, Dr. James Alala Deng, on Monday, September 29, declared that the Court has the legal mandate to prosecute First Vice President Dr. Riek Machar and his seven co-accused on charges including treason and crimes against humanity linked to the Nasir clashes of 25 March 2025.

This follows earlier defense challenges questioning the court’s authority and arguing that Machar’s immunity must be lifted before proceedings could advance. Citing statutory provisions and constitutional amendments, Judge Alala ruled that the court was lawfully constituted by Chief Justice Benjamin Baak Deng and does not overlap with the jurisdiction of the Hybrid Court, which handles international crimes such as genocide and war crimes.

The court also barred two defense lawyers, Wernyang Kiir Wernyang and Deng John, from appearing until they renew their practicing licenses, reducing Machar’s defense team from six to four. Meanwhile, the prosecution opened its case, alleging that the Nasir attack was orchestrated under the direct command of senior SPLA-IO figures, including General Gabriel Duop Lam, and financed by Puot Kang. All eight accused were present in court at Freedom Hall.

The hearing was adjourned to Wednesday to allow the prosecution to prepare its witnesses. The proceedings mark a significant moment in South Sudan’s legal history, testing the balance between national judicial authority and transitional justice mechanisms.