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Post Reply: South Sudan Braces for Tensions as Riek Machar's Treason Trial Moves Forward

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on September 29, 2025, 5:49 pm</div><div id="pl-8095"  class="panel-layout" ><div id="pg-8095-0"  class="panel-grid panel-no-style" ><div id="pgc-8095-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-8095-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">South Sudan is grappling with heightened political uncertainty as a special court in Juba has ruled to proceed with a historic treason trial against suspended Vice President Riek Machar. The court's decision, announced on Monday, rejected claims by Machar's legal team that the case was unconstitutional and that he should be shielded by immunity. The ruling has sparked fears of renewed instability in a nation still recovering from years of civil war, with Machar's supporters threatening protests that could escalate tensions in the capital.</p>
<p dir="ltr">The special court, led by Presiding Judge James Alala, asserted its jurisdiction to try Machar on serious charges, including treason, murder, and crimes against humanity. The judges dismissed arguments from the defense that the case should be transferred to a hybrid court supported by the African Union, as outlined in the 2018 peace agreement that ended a brutal five-year conflict between Machar's forces and those loyal to President Salva Kiir. The court emphasized that the Transitional Constitution of 2011, as amended, grants it the authority to proceed and clarified that the position of First Vice President does not confer constitutional immunity from prosecution.</p>
<p dir="ltr">Machar, who has been under house arrest since March, was formally charged two weeks ago alongside seven co-defendants. The charges stem from an alleged militia attack linked to Machar, which resulted in the death of a general and 250 soldiers. The former rebel leader has vehemently denied the accusations, labeling the trial a politically motivated witch-hunt aimed at sidelining him. His lead lawyer, Geri Raimondo Legge Lubati, argued before the court that senior government officials have conducted a politicized media campaign against Machar, effectively undermining the constitutional principle of presumption of innocence. Lubati stressed that the accused remains innocent until proven guilty beyond a reasonable doubt.</p>
<p dir="ltr">The trial, set to resume on Wednesday, has already deepened divisions in South Sudan’s fragile political landscape. Machar’s party, the Sudan People’s Liberation Movement/Army-In-Opposition (SPLM/SPLA-IO), has called on its supporters to mobilize in protest against the government’s decision to prosecute their leader. This call to action has raised alarm among observers, who fear that demonstrations could spiral into violence, potentially reigniting conflict in a country still healing from the devastating civil war that displaced millions and claimed countless lives.</p>
<p dir="ltr">South Sudan’s history of political volatility adds weight to these concerns. The 2018 peace deal, which brought Machar back into the government as First Vice President, was intended to stabilize the nation and pave the way for reconciliation. However, persistent mistrust between Machar and Kiir, coupled with ongoing economic challenges and sporadic violence, has left the peace process fragile. The current trial risks further eroding public confidence in the government and could exacerbate ethnic and political divisions that have long plagued the young nation.</p>
<p dir="ltr">As the trial moves forward, all eyes will be on Juba to see how the government navigates this high-stakes legal and political challenge. The outcome could have far-reaching implications for South Sudan’s stability, with the potential to either reinforce the rule of law or push the country closer to renewed conflict. For now, the nation remains on edge, bracing for what lies ahead in this unprecedented case.</p>
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