The Pan African Lawyers Union has written to the government of Sudan to reconsider dissolution of the Sudan Bar Association. The call for the reconsideration of stand is contained In a letter addressed to Sudan Prime Minister by Emeka J. P. Obegolu, the President, Pan African Lawyers Union (PALU) and made available to TheNigeriaLawyer (TNL).
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TheNigeriaLawyer (TNL) reports that PALU says the Union has seen The Laws of Dismantling the Regime of 30th June 1989 passed by the Sudan government and therefore recognizes it as an important aspect of the transitional justice reforms that the Government and people of Sudan must undertake and is also in keeping with the provisions of the African Union Transitional Justice Policy Framework (AUTJPF), which the Assembly of the African Union adopted in February 2019.
Highlighting some provisions of the law, PALU says:
- âArticle 4, which expressly dissolves the erstwhile National Congress Party (NCP)
- Article 5, which establishes âthe Committee of the dismantling of the regime of 30th June (1989)â
- Article 7, which sets out the objectives, functions and powers of the said Committee
- Article 8, which sets out the appellate processes: from Committee of the dismantling of the regime of 30th June (1989) to the Committee of Appeals; and with a further right of appeal to a Chamber established by the Hon. Chief Justice.â
The union therefore raised two concerns requesting the government to measures to rectify them. The first concern it raises borders on section  Article 8, and specifically at Article 8(3)  which purports to limit the powers of the Court to order interim remedial measures while an appeal has been lodged and has not been concluded. It recommends the scrapping of such limitation because the right to appeal against decisions of governmental authorities is well settled in international law, including the law of the African Union.
The second concern that PALU raises in its letter is the Alleged dissolution of the Sudan Bar Association on Friday, 13th December 2019, by the Committee of the dismantling of the regime of 30th June (1989) abruptly without giving the Association notice, and without affording them the due process that is laid out in Articles 7 and 8 of the aforementioned law. It consequently urges the government to reverse the dissolution as due process was not followed.
âIt is our understanding that the law expressly dissolved the National Congress Party (NCP), but laid out a process, which incorporated the right to be heard, in processes for the dissolution or other action against any other organisation. The SBA was not afforded this due process. We therefore request that this arbitrary dissolution of the SBA be reversed, and any processes that may be directed at them should follow the law.â PALU says
PALU concludes by also recommending that the Sudan government should amend the provisions of the laws mentioned above. It reads in part:
âYour Excellency, we are quite aware of the daunting challenges that the government and people of Sudan have to face, as they set about to rebuild and rejuvenate their society, economy and democracy. We earnestly believe that you will only be able to successfully do this on a firm bedrock of the just rule of law. A foundation built on violation of the law, or of principles of human and peoplesâ rights can only lead to a shaky future. It is in this regard that we request your government to revisit the provisions of the aforementioned law and to reverse the arbitrary action against the Sudan Bar Association (SBA).â
The letter is copied to Mr. Diego GarcĂa-SayĂĄn, United Nations Special Rapporteur on the Independence of Judges and Lawyers, Geneva, Switzerland.
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