March 22nd 2019 (Nyamilepedia) – South Sudan President, Salva Kiir Mayardiit, last month dissolved a committee formed by Chief of Defense Forces (CDF), Gen. Gabriel Jok Riak, and former a new one for the trial of Gen. Buay Rolnyang, a senior military officer has told the Nyamilepedia.
Buay, who is on trial for charges such as rebelling against the state, was put on trial this year but he reportedly refused to comply with procedures over what he said was a illegal procedure in handling his case.
According to the SPLA act of 2008, a committee that try military officers with the rank of Brigadier General and above should be appointed by the president.
However, in Rolnyang’s case, the CDF appointed the committee and this caused disagreement within the army and resulted into rejection by Rolnyang to comply with procedures calling it illegal.
Speaking to the Nyamilepedia on Friday, a senior military officer said on the condition of anonymity that a new Court Martial was formed through a Presidential Order last month saying the committee’s first sitting will commence once resources are available.
“A new General Court Martial was formed via Republican Order [on] 14th of February 2019. [The] 1st hearing will commence upon availability of resources,” the source said.
He said the previous committee that was established by the CDF had no legal basis because the Commander-in-Chief, Salva Kiir, was supposed to be the one to do it.
He said the committee was also declared null and void because the head of the committee was of the same rank as Rolnyang in contrary to the law which stipulates that he should be of a higher rank.
“It was formed by CDF instead of C-IN-C as law stipulates. Secondly, it was composed of mostly junior officers. The head of the committee was of the same rank as the accused while law stipulates he should be of higher rank and those were the basis on which the first committee was declared null and void,” the source said.