Legal Opinion Declares Political Parties Council’s Imposed Registration Fees Unlawful and Invalid

By Majur Chol Khor 

A legal opinion obtained from the Ministry of Justice and Constitutional Affairs has deemed the decision by the Political Parties Council to impose registration and licensing fees of USD 50,000.00 for provisional registration and USD 25,000.00 for full licensing on political parties as unlawful and invalid. This legal opinion comes in response to a petition delivered by Advocate Gabriel Kuot Akok Deng on behalf of Dr. Gai Chol Paul and thirteen other Political Parties Leaders challenging the exorbitant fees imposed by the Council.

The legal opinion highlights that the regulations upon which the decision was based, the Political Parties Council (Amendment) Regulations, 2024, have not been signed into law as required by the Political Parties Act. As per Section 18 (e) of the act, the Chairperson of the Council is mandated to sign regulations and resolutions, which has not been done in this case.

Furthermore, the opinion emphasizes that even if the regulations were legally signed into law, the principle of non-retrospectivity of law must be considered. This principle dictates that laws cannot be applied retroactively to actions taken before their enforcement, rendering the imposed fees unlawful.

Advocate Gabriel Kuot Akok Deng highlighted the discriminatory nature of the fees and reiterated that they violate the right to form a political party as enshrined in the Constitution. He warned that if the Political Parties Council does not review, reverse, or cancel the USD 75,000.00 fees, they will seek redress at the East African Court of Justice.

Dr. Gai Chol Paul, one of the prominent figures leading the charge against the exorbitant registration and licensing fees imposed by the Political Parties Council, has expressed his gratitude towards the Ministry of Justice and Constitutional Affairs for their professional and ethical decision to nullify the Chairperson’s ruling. In a statement released following the Ministry’s verdict, Dr. Paul emphasized the importance of upholding the rule of law and ensuring fairness within governmental institutions.

The Ministry’s ruling was grounded in various legal frameworks, including the Transitional Constitution of the Republic of South Sudan 2011 as amended, the Political Parties Act of 2012, the South Sudan Bank Act, and the South Sudan Political Parties Regulation of 2015. These laws were cited as the basis for deeming the Chairperson’s decision as illegal and unreasonable.

In light of the nullification of the decision, Dr. Paul called for accountability within the Political Parties Council. He criticized the Chairperson’s handling of the situation and cited partiality and incompetence as reasons for his call to revoke the Chairperson’s position. Dr. Paul emphasized that institutions as vital as the Political Parties Council should be led by competent technocrats who uphold impartiality and adhere to legal standards.

The Ministry’s intervention in this matter has been welcomed by political parties and leaders alike, as it signals a commitment to justice and adherence to legal processes. As South Sudan prepares for the upcoming general elections in December 2024, the nullification of the imposed fees paves the way for a more equitable and transparent political landscape.