South Sudan High Court: No End to Decree Crisis in Juba Governance

• South Sudan's governance system relies heavily on decrees, bypassing constitutional and parliamentary processes.
• The use of decrees has created a culture of arbitrary changes in laws and regulations, making it difficult for businesses to operate predictably.
• The country's institutions are weakened, with civil servants waiting for orders rather than planning and implementing policies.
• The reliance on decrees has discouraged investment, leading to economic stagnation and poverty.
• Citizens' lives are affected by the lack of border demarcation, leading to conflicts and displacement.

A state that runs on orders cannot survive without the person giving the orders. It becomes more or less like a property.

South Sudan's governance system has been plagued by the use of decrees to direct the affairs of the state, often bypassing constitutional and parliamentary processes. This has created a culture of arbitrary changes in laws and regulations, making it difficult for businesses and citizens to operate predictably. The country's 15-year history since independence has seen the law being made and unmade by decrees, with governors, ministers, and even war and peace being announced through these orders. The result is a state that is increasingly dependent on the whims of those in power, rather than institutions and processes.

The continued use of decrees has led to a breakdown in governance, with civil servants waiting for orders rather than planning and implementing policies. This has resulted in a state that is unable to provide basic services, such as healthcare, education, and infrastructure development. The lack of predictability and stability has also discouraged investment, leading to economic stagnation and poverty. Furthermore, the reliance on decrees has created a culture of loyalty over competence, with officials being rotated frequently rather than held accountable for their performance.

The impact of governance by decree is not limited to the state's institutions; it also affects citizens' lives. In areas such as Kajo-Keji, farmers are unsure whether their land belongs to South Sudan or Uganda due to the lack of border demarcation. This has led to conflicts and displacement, with the government in Juba often remaining silent. Similarly, in Bentiu, flood victims rely on relief aid while the water rises, even as the government and partners have reactivated a national flood taskforce. In Wau, traders are arrested due to conflicting decrees, highlighting the chaos caused by this system.

Lawyers advising clients on investments or business operations in South Sudan should be aware of the risks associated with the country's decree-based governance system, which can lead to arbitrary changes in laws and regulations, making it difficult for businesses to operate predictably.

Source: Original reporting via The Politics of Decrees