South Sudan: Machar’s lawyer challenges legality of Special Court as mandate expires

The defense team for South Sudan’s suspended First Vice-President,Riek Machar,has challenged the legality of the special Court handling his trial,arguing that its mandate expired last week. Lead defense lawyer Dr. Geri Raimondo Legge told the Special Court for the Nasir Incident that the ministerial order establishing the tribunal only authorized it to operate from 8 September to 8 October,rendering its continued proceedings “jurisdictionally incompetent and unlawful.”

He filed a motion seeking the dismissal of the case and the release of all eight accused,including Machar. The presiding judge,James Alala Deng,adjourned the hearing to Wednesday,October 15,indicating that the court would seek an extension of its mandate from the appropriate authority.

Legge further contended that the proceedings violate Article 103 of South Sudan’s Transitional Constitution,which grants immunity to a sitting first vice president. The prosecution also sought additional time to organize evidence and witnesses. The case,which opened on 22 September,charges Machar and seven others with treason,crimes against humanity,mass murder,terrorism,and property destruction in connection with a March 2025 attack on an army base in Nasir County that left dozens dead,including Gen. David Majur Dak. Machar’s party,the Sudan People’s Liberation Movement-in-Opposition (SPLM/A-IO),has condemned the trial as politically driven,heightening tensions in an already fragile political landscape.