By Alan Clement
The Transitional National Legislative Assembly (TNLA) on Tuesday waived the immunities of two of its members clearing the way for them to face criminal charges in court.
The decision to waive the immunities Gatwech Lam Puoch and Robert Salva Mathok followed intense debate during the 10th Ordinary Sitting of the Assembly on Tuesday, August 26, 2025, where MPs confronted the delicate balance between parliamentary privilege and the rule of law.
The arrest of Gatwech has raised constitutional concerns, with MPs questioning the legality of National Security’s involvement. “The Constitution has given MPs immunity, but what happened is that Gatwech was arrested by National Security. If there was a crime, he should be arrested by Police,” Gatkuoth Wad argued, referencing the procedural breach.
However, George Andrea Juma of Western Bahr el Ghazal (SPLM) insisted that immunity could not shield criminal acts saying, “Our immunity is a civil immunity; it is not a criminal immunity. Once it is presented to us by the Minister of Justice, our role here is just to waive their immunity, so they will allow the legal procedure to proceed.”
The case of Robert, though less central to the debate, drew condemnation over alleged misconduct. “We are lawmakers, we are not fighter. This is really very shameful,” said Hon. Juma, urging MPs to uphold the dignity of the House.
Bol Joseph Agau of Lakes State also backed the waiver, stressing the House’s constitutional duty. “The House should actually support his request for waiving the immunity. Immunity is also temporary. It can be lifted,” he noted, citing Article 19 which guarantees fair trial rights.
Speaker Jemma Nunu Kumba defended the legality of Gatwech’s arrest, explaining that the National Security Act, 2024 grants authority to security agencies under specific circumstances. “It’s under that provision that Gatwech was arrested,” she said.
She added that the Minister of Justice had formally requested Parliament to authorize investigations. “Because we were in recess, we could not meet to waive his immunity on time so that he can appear in court. It is in the interest of our colleagues that their immunity is waived so that they can appear in court and defend themselves,” said the Speaker.
With immunity now lifted, both MPs are expected to face formal legal proceedings. The decision underscores a growing emphasis on accountability within South Sudan’s legislative framework, even as questions linger over the balance between national security prerogatives and constitutional protections.