A court in Juba on Tuesday ordered South Sudan’s Ministry of Defence and Veteran Affairs to pay more than $1.45 million in compensation to two peopl...
A court in Juba on Tuesday ordered South Sudan’s Ministry of Defence and Veteran Affairs to pay more than $1.45 million in compensation to two people injured in a shooting near the residence of former National Security Service (NSS) Internal Security Bureau chief Gen. Akol Koor Kuc in November 2024.Justice Ajok Tito Telar, a First Grade County Court judge exercising the powers of a High Court, awarded a combined $1,455,180 to the plaintiffs, Manawa Gabriel Makwach and Agum Andrea, according to their lawyer, Angelo Thon Pal.Makwach was awarded $1,074,180, including $274,180 for medical expenses and lost property, including his personal vehicle, and $800,000 in moral damages. He was also awarded 30 cows under the traditional compensation claim, Pal said.Andrea was awarded $381,000, comprising $81,000 for medical expenses and other losses and $300,000 in moral damages. The total excludes court fees and lawyers’ fees.The ruling follows a civil lawsuit filed after the two plaintiffs were injured when gunfire erupted near Kuc’s residence in the Thongpiny area of Juba on the evening of Nov. 21, 2024. The two were travelling in their vehicles when they were caught in the shooting.Makwach suffered serious injuries, including a broken jaw, and underwent several operations. He said he had undergone three surgeries in Juba and four in Egypt, with further procedures still required.Pal said Makwach’s disability had been assessed at 60% by the National Medical Commission. He also cited a customary-law claim equivalent to 30 head of cattle in connection with the disability assessment.Speaking after the judgment, Pal described the ruling as fair and just, saying it gave the victims a legal avenue to seek redress after earlier efforts to secure compensation failed.He said the plaintiffs had initially approached the Ministry of Justice and Constitutional Affairs for permission to sue before filing the case against the defence ministry.According to Pal, the Ministry of Justice notified the defence ministry of the intended legal action, but the ministry’s legal department did not cooperate with the process.The plaintiffs were subsequently granted permission to sue under Section 33(2) of the Code of Civil Procedures Act, 2007, he said.The victims had also cooperated with a military investigation committee established following presidential directives in December 2024. The committee, led by Lt. Gen. Kongsoor Alley, reportedly completed its investigation and submitted a report to the presidency.However, the victims said they had not received the investigation’s findings and that their efforts to obtain compensation through the relevant authorities had not produced results.Andrea welcomed the court’s decision and urged the defence ministry to implement the judgment promptly, saying the victims had submitted their case files to the relevant authorities without receiving compensation.Pal said the next step would be to open an execution file through the court and summon the ministry to comply with the order. He expressed confidence that the ministry would implement the judgment, adding that the court had mechanisms to enforce its decisions if necessary.The Ministry of Defence and Veteran Affairs was not represented in court when the judgment was delivered. Its position on the ruling was not immediately available.Although the judgment establishes the compensation awarded to the victims, actual payment will depend on enforcement of the court order.
1 like