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The Principles of Law do not Change

Osman Mirghani – Khartoum

The Empowerment Removal and Anti-Corruption Committee has announced it is retrieving businessman Muawia Al-Berair’s farm share, along with his shares in the Sennar cotton ginner, without even giving the man a chance to respond to the accusations or allegation that preceded the decision.

Al-Beriair knew about the decision from TV just like other watchers of the announcement.

Sudan’s decisions and actions distort justice and law principles, a matter that represents a threat to national investment and makes the local investors retract from any initiatives or development projects, let alone foreign investors.

Nobody will risk entering into unsecured investments or start business in a country which might expropriate his property and assets without even giving him the right to defend his case or go to the judicial platform.

During the late Gaafar Numeiri’s regime he announced on 25th May 1970 the government’s nationalization and confiscation of a number of banks, companies and businesses.

This was considered to be the biggest blow on the Sudanese economy, which had deteriorated after those decisions and is still deteriorating.

What makes the issue worse is the absence of the Constitutional Court win which represents the supreme justice balance that controls the constitutional rhythm of state’s institutions, including the judiciary itself.

It would be a wise step if the Empowerment Removal and Anti-Corruption Committee reconsiders not only its decisions but also the mechanism of issuing such decisions.

At the least, the Empowerment Removal and Anti-Corruption Committee should become a claiming body to collect the information and submit it to the judiciary along with all the evidences and documents that support the claims, after which the judiciary issues the appropriate decision.

According to the former US Ambassador to Sudan, when US companies intend to invest in Sudan the first question is always about the accessibility of the rule of law and the fairness standards before asking about potential or profit and loss accounts.

In short applying the rule of law is the strongest attraction to investment.

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