South Sudan Foreign Ministry: Kalisto Ladu Foreign Traders Not Expelled

• South Sudan's Foreign Affairs Ministry clarified there is no national directive for foreign nationals to leave the country.
• The clarification followed remarks by Juba County Commissioner Kalisto Ladu suggesting foreign nationals be barred from small-scale retail businesses.
• Ladu denied issuing an expulsion order, stating he lacks the authority to expel foreign nationals.
• The Ministry emphasized that commercial activities are governed by national laws and regulations, and any restrictions must be legally handled by competent authorities.
• The national government reaffirmed its commitment to the rule of law, legitimate foreign investment, and constructive relations with foreign nationals.

The national government's reaffirmation of its commitment to legitimate foreign investment and constructive international relations serves as a critical message to both current and prospective foreign businesses in South Sudan.

South Sudan's Ministry of Foreign Affairs recently issued a definitive statement clarifying that no national government directive exists requiring foreign nationals to depart the country. This official communication, released on a Thursday, directly addressed growing concerns following public remarks made by Juba County Caretaker Commissioner Kalisto Ladu Nyigilo, which had suggested a different stance regarding foreign traders operating within the capital.

Commissioner Ladu had publicly advocated for foreign nationals to be excluded from engaging in small-scale retail businesses in Juba. He specifically identified activities such as the sale of chapati, onions, and tomatoes, as well as motorcycle taxi services, as areas that should be reserved for South Sudanese citizens. Instead, Ladu proposed that foreign nationals should concentrate their efforts on larger economic ventures, including wholesale trade, factories, and other significant investments.

Ladu's initial remarks were subsequently circulated on social media platforms, erroneously portraying them as a formal order for foreign nationals to leave Juba or South Sudan within a seven-day period. However, Commissioner Ladu himself denied issuing any such expulsion order, clarifying that he does not possess the authority to expel foreign nationals from the country. The Foreign Ministry's statement on October 8th explicitly noted these public discussions concerning the involvement of foreign nationals in small-scale commercial activities in Juba, underscoring the need for official clarification on the status of South Sudan foreign national business operations.

The Ministry of Foreign Affairs underscored that all commercial activities within South Sudan are governed by established national laws and regulations. It emphasized that any measures affecting these activities, including potential restrictions on South Sudan foreign national business, must be handled by the competent authorities and strictly adhere to the rule of law. This position clarifies that pronouncements from local officials, such as the Kalisto Ladu foreign trader remarks, do not supersede national legal frameworks.

While the Ministry acknowledged the public statements regarding foreign nationals in small-scale commerce, it did not explicitly address whether Juba County possesses the specific authority to restrict foreign nationals from participating in particular types of businesses. Instead, the Ministry reiterated its commitment to the rule of law, legitimate foreign investment, and fostering constructive relations with foreign nationals and their home countries. This stance provides a crucial reference point for understanding the official approach to South Sudan foreign investment law and the operation of Juba County foreign traders.

By reaffirming that commercial activities are subject to applicable laws and regulations, the national government signals that any changes to the operating environment for foreign traders would need to be enacted through formal legal channels, rather than through local administrative decrees. This commitment to a predictable legal environment is vital for maintaining investor confidence and ensuring fair treatment for all businesses operating within the country.

The Foreign Ministry's clarification comes amidst palpable concerns among various foreign traders, particularly those from neighboring East African nations such as Uganda and Kenya, who operate numerous small businesses in Juba. These communities have been closely monitoring developments, and the official statement aims to alleviate anxieties stemming from the recent local rhetoric regarding South Sudan retail business restrictions.

In a related development, Uganda has actively sought discussions with South Sudan concerning restrictions impacting foreign-owned retail businesses, highlighting the regional implications of such policies. Commissioner Ladu, who assumed his caretaker role just a week prior to these events, has publicly stated that his position is primarily aimed at safeguarding economic opportunities for South Sudanese citizens, rather than explicitly expelling foreigners. This nuanced perspective from Ladu, combined with the national government's overarching commitment to foreign investment, frames the ongoing dialogue around the role of foreign traders in South Sudan's economy.

The national government's reaffirmation of its commitment to legitimate foreign investment and constructive international relations serves as a critical message to both current and prospective foreign businesses in South Sudan. It underscores that while local discussions about economic protection for citizens may occur, the official policy remains one that values and protects foreign involvement within the bounds of national law, thereby influencing the environment for South Sudan foreign national business.

Lawyers advising foreign businesses in South Sudan should note the national government's reaffirmation of commitment to foreign investment and the rule of law. This clarifies that unofficial local remarks about expelling foreign traders do not reflect national policy, providing a basis to reassure clients while emphasizing the need to monitor for formal legislative changes rather than reacting to local pronouncements.

Source: Original reporting via Africa News