Fact-check: The Ministry of Justice cites sections 186 and 334 inaccurately.

Writer: Ochaya Jackson

On Thursday, the Ministry of Justice and Constitutional Affairs announced charges against opposition leader Dr. Riek Machar Teny and 7 other officials who were detained earlier this year. However, claims immediately emerged on social media platforms of inaccuracies in citing sections 186 and 334 of the Penal Code Act, 2008.

In a press statement released while announcing the charges, the ministry cited various sections of the law in the Penal Code Act, 2008, in reference to murder (section 206), conspiracy and common intention (sections 67 and 69), terrorism and financing terrorist acts (section 44, Anti-Money Laundering and Counter-Terrorism Financing Act, 2012, as amended in 2024), treason and acts against state authority (section 64), destruction of public property and military assets (section 334), and crimes against humanity (section 186) against Dr. Machar and 7 other suspects under detention.

Subsequently, the charges were referred to the competent court for trial, with assurance of due process and international standards in criminal proceedings.

The charges were filed on the allegation that Dr. Machar and his co-accused under the Sudan People’s Liberation Army/Movement-in-Opposition (SPLA/M-IO) “influenced” the White Army militia to attack the South Sudan People’s Defence Force (SSPDF) barracks on the 3rd of March 2025 in Nasir County of Upper Nile State, which led to the death of Maj. Gen. David Majur Dak, more than 250 soldiers, and a United Nations pilot.

Claims Verification:

211 Check reviewed the Penal Code Act, 2008, against sections 186 and 334 in question and established that section 186 deals with “Fouling Water of Public Well or Reservoir”, not crimes against humanity; meanwhile, section 334 deals with “House Breaking by Night”, not destruction of public property and military assets as cited by the ministry.

Conclusion:

The Ministry of Justice and Constitutional Affairs made a mistake by citing section 186 inaccurately in reference to crimes against humanity and section 334 in reference to destruction of public property and military assets in the charges against Dr. Riek Machar and the other 7 suspects.

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