A member of civil society and an MP in the Reconstituted Transitional National Legislative Assembly has poked holes in the Inspector General of Police, Gen Abraham Manyuat’s ‘controversial’ order suspending nationality by marriage.
Juol Nhomngek termed IGP’s order as illegal and contravenes the Act of Parliament and the supremacy of the Constitution under Article 3(3) of the Transitional Constitution.
“IGP does not have powers to amend the Nationality Act, 2011. This order of the IGP is illegal as it contravenes the Act of Parliament and the supremacy of the Constitution under Article 3(3) of the Transitional Constitution,” Juol said.
He explained that the procedure of getting citizenship through marriage is one of the fundamental rights that can only be changed by Parliament for compelling reasons. Otherwise, the IGP’s actions are null and void.
“I made this comment on it already. The IGP even the Minister of Interior or any other Minister does not have powers to suspend the provision of the Act made by Parliament including the citizenship by marriage which is one of the fundamental rights,” he added.
Mp said that in order to alter any law or Act, the minister in charge must first present it before the cabinet, and then, after approval from the council of ministers, it must be tabled before parliament for scrutiny and approval before being signed into law by the president.
Similarly, a civil society activist said the Inspector General of Police does not have the authority to suspend nationality by marriage.
Ter Manyang Gatwech, the Executive Director for the Center for Peace and Advocacy (CPA) asserted that the Inspector General of Police does not have the authority to revoke nationality by marriage. Such a decision undermines the Parliament and the Constitution of South Sudan.
CPA expressed deep concern regarding the IGP decision to suspend nationality by marriage, which falls under the mandate and jurisdiction of the South Sudan National Parliament, not the IGP.
“The move demonstrates a lack of understanding of South Sudan’s Constitution, which does not grant the Inspector General of Police the authority to make unwise decisions,” Ter added.
Ter said in South Sudan, a foreigner married to a South Sudanese national can acquire citizenship through naturalization, provided they lived in South Sudan for at least five years and the Minister approves their application, without the need to renounce their previous nationality.
“In addition to foreigners meeting the criteria, other individuals eligible for naturalization include the spouse of a South Sudanese national after five years of residency and minor children who can be automatically naturalized when their parent acquires nationality,”
Citizenship by marriage allows a foreign spouse o gain citizenship in a new country by marrying a citizen of that nation.
These legal procedures provide the spouse with citizenship rights, enabling them to live, work and enjoy citizenship rights in their spouse’s country, however, eligibility criteria must be met.
In the letter dated March 12, 2025, purportedly written by IGP, ordered for suspension of nationality by marriage procedures, citing desperate foreigners who opted to tie a knot with South Sudanese ladies in bid to obtain citizenship.
“Therefore, under the powers vested upon me as Inspector General of the National Police Service Act 2009 Amendment 2022, I, Gen. Abraham Manyuat Peter, do hereby issue this Order for the Suspension of Nationality by Marriage until further directives from this end,” he declared.
The order highlighted illegal acts related with the process of getting nationality through marriage, particularly when foreign individuals marry South Sudanese women for nationality and then divorce them.
“It has been observed to my notice that illegal procedures are occurring by the Directorate of Civil Registration, Nationality Passport and Immigration (DCRNPI) for obtaining nationality by marriage,” IGP stated.
“There is also a desire among citizenship seekers for nationality by marriage, especially foreigners who marry South Sudanese ladies, as their main goal is to acquire nationality by marriage and subsequently divorce after obtaining citizenship, as evidenced by several cases,” the document states.
According to the police commander, the ban is intended to address mounting concerns about fraudulent operations while also protecting the integrity of South Sudan’s nationality process.
It is expected to force a complete examination of existing procedures and legislation allowing nationality by marriage. As the issue develops, authorities are likely to impose stronger controls to prevent abuse.
