The National Employees Union of South Sudan (NEUSS) has filed a rejoinder application at the Court of Appeal, challenging the Ministry of Labour's Public Circular No. 5 of 2026. NEUSS cited concerns over the circular's legality and implementation. The union initially sought to resolve the matter through dialogue with the Ministry of Labour, including calls for the cancellation or review of Circular No. 5. However, repeated attempts did not produce a meaningful response.
NEUSS said its efforts followed concerns raised by national staff working for NGOs, international organisations, diplomatic missions, companies, and other private-sector entities. The union claimed that the National Social Insurance Fund had continued issuing operational instructions to enforce the circular despite the legal concerns raised by workers' representatives. NEUSS's legal team has been mandated to pursue the case on behalf of South Sudanese national staff working with various organisations.
The dispute centres on Ministry of Labour Circular No. 5 of 2026 and its relationship with the National Social Insurance Fund Act, 2023. The Joint Oil Companies Unions had earlier taken the matter to the Court of Appeal, seeking a determination on the legality of the circular and the implementation of the NSIF Act. NEUSS is asking the Court of Appeal to examine Circular No. 5 of 2026 against the provisions of the NSIF Act and other applicable legal principles.
NEUSS is also asking the court, where possible, to nullify Circular No. 5 of 2026 and reinstate Circular No. 3 of 2010. The union said it is confident that the Court of Appeal will determine the matter. While the case is before the court, NEUSS has called on South Sudanese workers in the private sector to remain calm and avoid actions that could escalate tensions.
The union's legal challenge is not against the establishment of a national social insurance system but concerns what it describes as the need for a legal, transparent, and properly managed system that protects workers' rights. NEUSS said its challenge is a call for adherence to due process to create a credible and transparent workers' rights institution and compliance with the provisions of the NSIF Act, 2023.
According to NEUSS, its concerns were raised due to the implementation of the National Social Insurance Fund Act, 2023. The union said it had sought to engage the Ministry of Labour, but no meaningful response was forthcoming. NEUSS urges all South Sudanese working in the private sector to remain calm and refrain from any actions that may escalate tensions while the court considers this matter.
The case will determine the fate of Ministry of Labour Circular No. 5 of 2026 and its implementation. NEUSS's move to join the legal challenge against the labour ministry circular highlights the ongoing debate over workers' rights and the establishment of a national social insurance framework in South Sudan. The Court of Appeal is expected to examine the matter and make a determination.
Key points
- The National Employees Union of South Sudan challenges Ministry of Labour's Circular No. 5 of 2026.
- NEUSS cites concerns over the circular's legality and implementation.
- The union seeks a determination on the circular's relationship with the National Social Insurance Fund Act, 2023.
