South Sudan Bar Association: Files Traffic Police Lawsuit Over Illegal USD Fines

• The South Sudan Bar Association plans to sue the Ministry of the Interior and Traffic Police over illegal traffic fine practices.
• The Bar Association alleges traffic fines are unapproved by the Interior Ministry and receipts are not sanctioned by the Ministry of Finance or Revenue Authority.
• Demanding traffic fines in US dollars violates Bank of South Sudan directives requiring the use of national currency.
• The Bar Association previously gave the Ministry of Interior a seven-day deadline to reverse its decisions without a response.
• The lawsuit also addresses a USD 400 requirement for commercial vehicle license plate replacement, for which no agreement was reached.

The requirement for citizens to remit traffic fines in US dollars is a clear violation of mandates from the Bank of South Sudan.

The South Sudan Bar Association (SSBA) has declared its firm intention to initiate legal proceedings against the Ministry of the Interior and the Traffic Police Department. This significant move comes in response to what the association describes as unlawful practices, specifically targeting private vehicle owners through the imposition of traffic fines denominated in US dollars. Stephen Martin Nyichar, serving as the Secretary General for the South Sudan Bar Association, confirmed this development, indicating that the SSBA had previously engaged with Caretaker Interior Minister Lt. Gen. Rizik Zachariah Hassan to address these concerns.

Despite these direct communications, which included a demand for the cessation of the traffic police's alleged illegal activities, the Ministry of the Interior has reportedly failed to provide any response. The SSBA also brought these issues to the attention of the Ministry of Justice, underscoring the gravity of the situation. Nyichar further elaborated that the fines being levied by the traffic police were not sanctioned by the Interior Ministry itself, but rather represented a unilateral decision made by the traffic department. The Bar Association has maintained its resolve to proceed with the legal action against the Ministry of Interior, having previously issued a seven-day ultimatum for the reversal of these contentious decisions. An official announcement regarding the commencement of the lawsuit is anticipated to be made at an upcoming press conference.

A central pillar of the South Sudan Bar Association's impending lawsuit revolves around significant allegations of regulatory non-compliance and financial irregularities within the traffic police's operations. The association asserts that the receipts issued by the General Directorate of Traffic for these fines lack the necessary approval from either the Ministry of Finance or the Revenue Authority. This is a critical point, as these two government bodies are legally designated as the sole entities authorized to collect public funds within the nation.

Furthermore, the SSBA highlights a direct contravention of national financial directives. The requirement for citizens to remit traffic fines in US dollars is a clear violation of mandates from the Bank of South Sudan. These directives explicitly stipulate that the national currency must be utilized for transactions, rather than foreign currencies. Beyond the fines, the Bar Association also points to the traffic police's mandate for commercial vehicle owners to replace their license plates at a cost of USD 400. Nyichar confirmed that no mutual agreement has been reached with the traffic department regarding this particular requirement, making judicial intervention unavoidable for this matter as well, even as the department continues to issue new license plates to business owners.

The legal challenge initiated by the South Sudan Bar Association against the Ministry of the Interior and the Traffic Police Department unfolds against a backdrop of severe economic hardship across South Sudan. The practice of demanding traffic fines in US dollars is particularly contentious given the country's ongoing economic downturn, which has led to widespread financial difficulties for the population and a noticeable increase in the number of beggars on the streets of Juba. This lawsuit, therefore, transcends a mere dispute over traffic enforcement; it touches upon fundamental issues of governmental accountability, adherence to financial regulations, and the protection of citizens from potentially exploitative practices during a vulnerable economic period.

The SSBA's unwavering commitment to pursuing this legal action, as articulated by Secretary General Stephen Martin Nyichar, underscores the perceived importance of establishing clear legal precedents regarding the authority of various government departments to levy fines and collect public revenue. The outcome of this case could significantly impact how regulatory bodies operate and how financial transactions are conducted within the country, especially concerning the use of foreign currency versus the national tender. Efforts to obtain a statement from the police spokesperson regarding these allegations were unsuccessful.

This lawsuit challenges the legality of traffic fines and collection practices by the South Sudan Traffic Police, particularly the demand for payment in USD and the issuance of unapproved receipts. Lawyers should advise clients, especially those operating commercial vehicles, to monitor this case closely as it could establish important precedents regarding regulatory authority, financial compliance, and the validity of fines, potentially impacting liability and payment obligations.

Source: Original reporting via Radio Tamazuj