Over 140 claimants have sued the national government in the East Africa Court of Justice over what they describe as the fraudulent allocation of their plots by the Central Equatoria government to the United Nations Mission in South Sudan in 2014.
This is according to Advocate Wani Santino Jada of the Juba-based Pan African Law Chamber, LLP who is representing the landowners.
The 893 plots in Durupi South area, South-west of the national capital Juba along the Juba-Yei road, are hosting tens of thousands of internally displaced persons.
He says the area was allocated to the individuals between 2008 to 2009.
But in 2014, some former state authorities designated the plots to UNMISS after it requested land to provide shelter and protection for the IDPs following the 2013 violence.
In a letter seen by Eye Radio, the former State Minister of Physical Infrastructure, Jimmy Wongo, now a lawmaker at the state legislature approved the request and wrote to UNMISS to resettle the IDPs in Durupi South block 1 and 2 but the deal elapsed in the same year.
Late March this year, representatives of the embattled landowners and their lawyer met with the Acting Foreign Affairs Minister to petition the national government over the matter.
They accused UNMISS of not performing due diligence before acquiring the land from the Central Equatoria State government.
Advocate Wani Jada says UN Mission in South Sudan has been occupying the land without any proper documents from the plot owners.
The advocate also says that UNMISS refused to establish contacts and recognize the plot owners’ rights despite getting a notification.
Speaking to Eye Radio, Advocate Wani Santino Jada says the owners are demanding UNMISS to vacate the IDPs from the area and compensate them for having sued the land illegally for over ten years.
“The plot owners of Durupi are demanding that the Government of South Sudan ensure United Nations Mission in South Sudan vacates the land with immediate effect,
“UNMISS to compensate the land owners adequately,
“Thirdly, to rehabilitate the deteriorated land as a result of potholes and sewage UNMISS created within Durupi.
The landowners also demanded that UNMISS apologizes for acquiring the land without prior agreement with bonified owners.”
On February 28, 2023, Francis Ladu Louis Laku who is the Deputy Director of Town Planning compiled preliminary facts about the area and shared the findings with the chairperson of a fact-finding committee that investigated the dispute with UNMISS, and as well the Ministry of Foreign Affairs.
The report confirmed that the area being occupied by the Protection of Civilian Site was allotted to individuals since 2009 by the then Central Equatoria State Government.
Some plots are designated as health centers, basic schools, mosques, supermarkets, and playing grounds.
However, the advocate at the Pan African Law Chamber, LLP says the rightful owners last month petitioned the government of South Sudan and the UN mission in the country in the East Africa Court of Justice to seek the evacuation of the IDPs and compensation to the landowners.
Lawyer Jada addressed to the petition to Dr. Peter Mathuki, the General Secretary of the East Africa Community with copies to President Salva Kiir, UN Secretary-General, Antonio Guterres, South Sudan Justice Ministry and the special representative of the UN Secretary-General and UNIMSS Nicholas Haysom.
When contacted, ex-minister Jimmy Wongo said, ” I can’t comment on Something that is already in court.”
In an email to Eye Radio on February 22, UNMISS said the land was returned to the government of South Sudan when the site was re-designated a couple of years ago.
“Regarding areas in Durupi where internally displaced people have taken shelter, UNMISS had used the land under Article 16 of the SOFA, until the situation in the country improved,
“All UN protection sites, except for the one in Malakal, Upper Nile, have been redesignated into Internally Displaced Persons’ camps, under the sovereign control of the Government of South Sudan.,” read the statement.
According to the UNMISS, “the re-designation of UN protection sites has enabled the UNMISS to reach more people in need and build the capacity of local police and the justice system to protect their citizens.”
UNMISS did not state the exact date when the area was redesignated.
But on September 2022, Central Equatoria governor Emmanuel Adil remarked in writing stating his observations on the Memorandum of understanding with UNMISS.
He said regarding the transition of the Juba Protection of Civilians Sites, his government was mindful of the need to address the emergency needs o the IPDs within Juba to ensure their peace and dignity inside the camps and prepare them for community integration.
In a five-point bulletin, Adil suggested the need for coordination between the South Sudan National Police Service and UNMISS to make up the security arrangements.
He also called for coordination mechanisms and technical arrangements by the state land authorities and the Relief and Rehabilitation Commission to be put in place.
However, he encouraged the voluntary return of the IPDs to their homes.
However, in a letter dated March 2nd,2023, Emmanuel John Loro, a legal advisor in Central Equatoria State Ministry of Housing, Lands and Public Utilities admitted that UNMISS requested the land and the regime of Clement Wani Kongna offered the space without any agreement.
Loro stated that the former minister acted under the directive of the former state leader sip.
He recommended that UNMISS comes to an agreement with the landowners, and the state government to witness.
The Ministry of Foreign Affairs requested the 1st Director General in the State Ministry of Lands, Housing, and Urban Development to submit a complete list of names and contacts of the land owners.
Lumumba Makelel Nyajok who is the Director of Consular Affairs in the Foreign Affairs Ministry also requested a letter from the Central Equatoria State government allocating the land to UNMISS.
