A special court in South Sudan has ruled that it does have the jurisdiction to prosecute suspended Vice-President Riek Machar and seven co-accused, who are charged with murder, treason, and crimes against humanity.
The court dismissed all objections by Machar's legal team regarding its authority, the constitutionality of the proceedings, and the claim that he was immune from prosecution. The case will continue on Wednesday.
Machar has dismissed the charges brought against him as a political witch-hunt. They raised fears of a return to civil war, stemming from an attack in March by a militia allegedly linked to Machar, which killed 250 soldiers and a general.
Since the incident, he has been under house arrest. His defence team argued for a hybrid court under the African Union instead of a national court, as stipulated by the 2018 Peace Agreement that ended a previous civil war.
However, the court argued that it had the authority to try national offences, as a hybrid court had not yet been established. Presiding Judge James Alala ruled that the special court has the jurisdiction to try this case according to the Transitional Constitution 2011 as amended.
The judge also pointed out that Machar does not have constitutional immunity, stating that such provision applies only to the president. The court expelled two of Machar's lawyers who lacked valid licenses.
Machar's lead lawyer raised concerns over a media campaign against their client, claiming it violated presumption of innocence. The charges have sparked fears of renewed conflict, with calls for calm from the UN, African Union, and neighboring countries.
