South Sudan Court Awards Shooting Victims $1.45M Compensation

• A South Sudan court awarded $1,455,180 in compensation and 30 head of cattle to two shooting victims.
• Manawa Gabriel Makwach and Agum Andrea were injured in November 2024 outside a former spy chief's residence in Juba.
• The Ministry of Defence and Veterans Affairs was ordered to pay, despite its representatives being absent when the judgment was delivered.
• Makwach received $800,000 in moral damages and 30 cattle due to a 60% disability, while Andrea received $300,000 in moral damages.
• The lawsuit proceeded under Section 33(2) of the Code of Civil Procedures Act, 2007, after the Ministry of Defence and Veterans Affairs failed to cooperate.

This outcome sets a precedent for successful civil litigation against government ministries in South Sudan.

A South Sudanese court has ordered the Ministry of Defence and Veterans Affairs to pay a substantial sum of $1,455,180 in compensation, alongside a customary award of 30 head of cattle, to two individuals injured in a shooting incident. The ruling, delivered on Tuesday by Justice Ajok Tito Telar, a First Grade County Court judge acting with High Court authority, addresses a civil lawsuit brought by Manawa Gabriel Makwach and Agum Andrea. The Ministry's representatives were notably absent during the judgment's pronouncement.

The incident occurred on November 21, 2024, when Makwach and Andrea sustained injuries while traveling in their vehicles outside the Juba residence of General Akol Koor Kuc, the former Chief of the National Security Service's Internal Security Bureau. Mr. Makwach was awarded $274,180 to cover medical expenses and property losses, which included his personal car, in addition to $800,000 for moral damages. His injuries were severe, including a broken jaw, necessitating multiple operations in both Juba and Egypt, with further treatment still required. A medical assessment determined he suffered a 60% disability, leading to the court's order for a customary cattle award South Sudan tradition dictates. Ms. Andrea received $81,000 for her medical expenses and other losses, alongside $300,000 in moral damages. The total compensation figure excludes court and legal fees.

The path to this significant South Sudan court awards shooting victims compensation ruling was protracted, beginning with the victims' initial attempts to secure redress outside the judicial system. Following the shooting, a committee was established, and both Makwach and Andrea submitted their files to relevant authorities, yet no compensation was forthcoming. Subsequently, they engaged with the Ministry of Justice and Constitutional Affairs, which formally notified the Ministry of Defence and Veterans Affairs of the impending legal action. However, the legal department of the South Sudan Ministry of Defence and Veterans Affairs lawsuit did not cooperate with these proceedings.

Faced with this lack of cooperation, the plaintiffs' lawyer, Angelo Thon Pal, secured permission to initiate a lawsuit against the state entity. This crucial step was taken under the provisions of Section 33(2) of the Code of Civil Procedures Act, 2007, which allows for such claims. The successful application of this section paved the way for the civil action that culminated in the recent judgment. Pal indicated that the next procedural step involves opening an execution file through the court, which will lead to the Ministry being summoned to ensure compliance with the judgment. The court possesses established mechanisms to enforce its decisions, even in cases of non-compliance.

This judgment holds considerable weight, particularly given the substantial awards, including significant moral damages South Sudan courts have now affirmed. The inclusion of 30 head of cattle for Manawa Gabriel Makwach, based on customary tradition and his 60% disability, underscores the court's willingness to integrate traditional forms of restitution into modern legal rulings. Lawyer Angelo Thon Pal lauded the verdict as fair and just, expressing gratitude to the judiciary for its decision in favor of his clients.

Both victims voiced their relief and hope following the ruling. Makwach described the judgment as a victory for justice, acknowledging the judges who ruled in the plaintiffs' favor. Andrea, still needing compensation, urged the Ministry of Defence and Veterans Affairs to expedite the payment process, appealing directly to them to intervene urgently. Pal expressed confidence that the government institution would ultimately respect the court's ruling, highlighting the enforceability of such judgments against state entities. This outcome sets a precedent for successful civil litigation against government ministries in South Sudan.

This ruling sets a precedent for successful civil litigation against government ministries in South Sudan, demonstrating that courts are willing to award significant compensation, including moral damages and customary payments, even when state entities are uncooperative. Lawyers should note the effective use of Section 33(2) of the Code of Civil Procedures Act, 2007, for pursuing claims against the state and the enforceability of such judgments.

Source: Original reporting via a news report