Writer: Sabri Dibaco
The National Employees Union of South Sudan (NEUSS) has filed a rejoinder application at the Court of Appeal challenging the Ministry of Labour’s Public Circular No. 5 of 2026, citing concerns over its legality and implementation.
In a press statement issued on Tuesday, NEUSS said the application sought to join an ongoing court case filed by the Joint Oil Companies (JOCs) Unions, which is challenging the circular and the implementation of the National Social Insurance Fund (NSIF) Act, 2023.
The union said it initially sought to resolve the matter through dialogue with the Ministry of Labour, including calls for the cancellation or review of Circular No. 5.
According to NEUSS, its efforts followed concerns raised by national staff working for NGOs, international organisations, diplomatic missions, companies, and other private-sector entities.
The union said repeated attempts to engage the ministry did not produce a meaningful response.
“Despite repeated attempts for dialogue, no meaningful response was forthcoming from the Ministry,” NEUSS said in its statement.
The union further claimed that the National Social Insurance Fund had continued issuing operational instructions to enforce the circular despite the legal concerns raised by workers’ representatives.
NEUSS said its legal team has been mandated to pursue the case on behalf of South Sudanese national staff working with NGOs, international organisations, companies, diplomatic missions, and other private-sector entities.
The union is asking the Court of Appeal to examine Circular No. 5 of 2026 against the provisions of the NSIF Act and other applicable legal principles.
It was also asking the court, where possible, to nullify Circular No. 5 of 2026 and reinstate Circular No. 3 of 2010.
While the case is before the court, NEUSS has called on South Sudanese workers in the private sector to remain calm and avoid actions that could escalate tensions.
“NEUSS urges all South Sudanese working in the private sector, including NGOs, international organisations, companies, diplomatic missions, and other private sector entities, to remain calm and refrain from any actions that may escalate tensions while the court considers this matter,” the statement said.
The union said it is confident that the Court of Appeal will determine the matter.
The dispute centres on Ministry of Labour Circular No. 5 of 2026 and its relationship with the National Social Insurance Fund Act, 2023. The Joint Oil Companies Unions had earlier taken the matter to the Court of Appeal, seeking a determination on the legality of the circular and the implementation of the NSIF Act.
NEUSS says its legal challenge is not against the establishment of a national social insurance system but concerns what it describes as the need for a legal, transparent, and properly managed system that protects workers’ rights.
“Our legal challenge is not an opposition to the establishment of a national social insurance framework; rather, it is a call for adherence to due process to create a credible and transparent workers’ rights institution and compliance with the very provisions of the NSIF Act, 2023,” NEUSS said.