South Sudan lawyer determined to pursue lawsuit against gov’t over oil pollution
A worker walks by an oil well at the Toma South oil field to Heglig, in Ruweng State, South Sudan August 25, 2018(Photo credit: REUTERS/Jok Solomun)
June 8, 2020 (SSNN) – A South Sudan lawyer, Wani Santino Jada, is determined to pursue lawsuits against the government of South Sudan and oil companies operating in the country over the negative effect of oil exploitation which has led to pollution killing many people.
Each of these lawsuits has the potential to greatly improve the lives of the people of South Sudan: a $720 million claim for compensation to be provided by the government of South Sudan to people living in oil-producing regions – for the destruction of their health and livelihoods by oil pollution whose incidence was facilitated by government laxness.
An injunction whose granting would cause the immediate halting of oil production and transport in and from South Sudan, and would thus provide relief to the people suffering under the devastation of their health and livelihood, with this being a result of the spewing of oil and wastes into their water and on to their land. Respondents are the consortia allegedly responsible for this pollution.
Ever since being admitted in 2017 to the bar in South Sudan, Wan Santino Jada has made a name for himself for taking on important and difficult cases. He is the managing partner at the Pan-African Law Chambers in Juba, and, as well, Executive Director at Hope for Humanity Africa, a human rights NGO.
Q: How did you get involved in the lawsuit?
Wani Santino Jada: Our law firm gets contacted frequently by the people of South Sudan. They know us through the lawsuits that we brought on their behalf to get them properly represented in the East African Legislative Assembly. Our suit strove to enjoin the seating in the Assembly of persons hand-picked by Salva Kiir, South Sudan’s president, who was acting in an absolute undemocratic way. The people know and respect for us for our efforts to bring to justice the parties who killed two human rights activists.
Q: What effects would the granting of the injunction yield?
It would bring about an immediate halt to the pumping and transporting of oil in South Sudan. This would greatly improve the lives of the people living in the oil-producing areas, whose water and land have been poisoned by the oil leaking from pipeline ruptures, and with the wastes spewing from improperly-maintained facilities. This lack of maintenance and repair joins with the age of the pipelines and facilities in meaning that further ruptures and leaks are inevitable – with all of the horrific effects on human and environmental life.
Q: When do you expect the court to decide on it?
Wani Santino Jada: We have substantiated a “case of urgency” for the injunction. This is based on the fact that the ongoing rainy season will cause the washing of oil spilled and oil wastes into the environment. This will exacerbate the destruction of entire ecosystems, as the poisons – notably heavy metals and ultra-toxic chemicals – make their deadly ways through them. The urgent need to protect the people of South Sudan from these effects may well move the East African Court of Justice to expeditiously reach its verdict.
Q: The government of South Sudan has a long track record of allegedly silencing people critical of its actions. How have you found the courage to take on the government in this critical area – critical because virtually all of its income comes from oil?
Wani Santino Jada: We had and have no choice in the matter. No one can fail to be moved by the people’s cries for justice, for redress for loss of health and livelihood, and by the photographs of dead livestock and wildlife – and of the vultures feeding on them, and of the “ponds” creating deadly wastes, and of the people consuming water that they know is bad for them.
And our taking on the lawsuit accords these people protection, by taking them out of the line of fire. And the fact that we are part of an organization – Hope for Humanity Africa – also helps. But in the final analysis, it comes down to doing what is right and necessary, and being of good hope that this will work out well. We have to stand with our sisters and brothers, and stand up for them.
Q: You are also suing the government of South Sudan on behalf of the country’s people.
Has this lawsuit been lodged with the East African Court of Justice?
When do you expect the court to decide on it, and what could be the consequences of the court’s deciding in your favor?
Wani Santino Jada: The lawsuit has been filed. We trust that the Court will decide upon it in good time. The consequences of its finding for the plaintiffs – our clients – would be manifold and positive. It would bring immediate economic relief to the people living in the oil-producing regions, many of whom are utterly destitute – thanks to oil pollution, Corona and other crises.
It would also send a high-impact message to the oil consortia and the – mostly – foreign companies holding their stakes: it is time to clean up your act, or face the consequences. The reaching of a verdict in our favor would be a game-changer in the long fight to put an end to oil-caused pollution in South Sudan.
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