A/HRC/40/CRP.1
overstepped its mandate in its encroachment upon the oil sector in South Sudan, particularly
through expanding its influence and control over the Nilepet state-owned oil company.
Notably, the Director General of the Internal Security Bureau of the NSS, has reportedly been
a member of the board of Nilepet since 2014, and the Commission has received information
that other NSS officials similarly have transferred to or held positions in the company. Both
the Director General of the Internal Security Bureau of the NSS and the then Minister of
Petroleum and Mining and current Minister of Finance and Planning instructed Nilepet to
settle security-related bills in January 2016. These payments included fees incurred for
transporting troops and equipment, including to Wau, Malakal and Paloch, thus using oil
revenues to pay for the Government’s military operations in these areas. 374
As part of the NSS’ general efforts in scrutinizing media activities, it has also
obstructed and intimidated journalists criticizing aspects of the oil production in South
Sudan.375 In addition, in March 2018, the NSS reportedly arrested the Nilepet Deputy Head
of the Accounts, for “leaking documents exposing corrupt dealings in the government-own
[sic] corporate”.376
To achieve its wide ranging tasks, the NSS has been granted extremely broad powers
including the powers to:
monitor frequencies, wireless systems, publications, broadcasting stations and
postal services with respect to security interests so as to prevent misuse by users;
request any information, statement, document, or any relevant material from any
suspect and potential witness for perusal or examination, keep or take necessary
or appropriate measures in respect of such information, statement, document or
relevant material;
summon, investigate and take particulars and depositions from any suspect and
potential witness;
seize any weapon, machine, tool, automobile or gadget suspected to be connected
with an offence or crime against the state;
arrest and detain suspects for crimes related to National Security (set out in
section 7 of the National Security Service Act);
carry out any other function assigned to it by the President or the Council in
accordance with the Constitution; 377 and
gather and retain any information related to any person, persons or institutions
as necessary for carrying out its duties and functions. 378
The National Security Service Act provides almost no safeguards against abuse of
these very broad powers. Despite the fact that one of the stated purposes of the NSS is to
protect the Constitution,379 and the NSS is subject to the authority of the Constitution,380 in a
number of respects the National Security Service Act appears to contradict the provisions of
the Constitution.381
For example, the National Security Service Act provides essentially no safeguards
against prolonged and arbitrary detention. It stipulates that a person who is found committing,
or reasonably suspected of having committed, or attempted to commit, or being about to
commit an offence against the state, may be arrested without warrant. In the case of an arrest
without warrant, the person must be brought before a magistrate, as soon as reasonably
374
Confidential document, ERN D113807-D113808.
UN Security Council, Final Report of the Panel of Experts on South Sudan, UN Doc No: S/2016/70, 22 January 2016, paras. 1923.
376 Radio Tamazuj, “National Security arrest senior Nilepet official over leaks”, 22 March 2018; Sudan Tribune, “S Sudan security
arrest state-owned oil entity official”, 23 March 2018; Radio Tamazuj, “National Security still holding Nilepet official”, 27
March 2018.
377 National Security Service Act (2014), section 13(11) to (16).
378 National Security Service Act (2014), section 32.
379 National Security Service Act (2014), section 13(3).
380 National Security Service Act (2014), section 6(a).
381 Transitional Constitution (2011) as amended, Articles 12, 19, 22.
375
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