Mangu & Co. Advocates

05/08/2026

Mangu & Co. Advocates

05/08/2026

THE DIFFERENCES BETWEEN BUSINESS NAME AND COMPANY

In South Sudan business registration is done through the Ministry of Justice, Registrar of Companies and Ministry of Trade.

There are 2 main ways to register: Business Name vs Company. They are legally very different.

LEGAL DIFFERENCES: BUSINESS NAME VS COMPANY

1. COMPANY

✅Limited Liability Company / LLC

🔺Legal Status- Separate legal person, the company can sue and be sued in its own name.
🔺Owner Liability- Limited liability, you only loses what you invested in the company. Personal assets are protected.
🔺Ownership-2-20 people for Partnership.
Name- Must ends with "Ltd" or "Limited".
Governing Law- Company Act, 2012
🔺Management- Owner makes all decisions. No board, no shareholders meetings. Must have Directors, Shareholders, and Company Secretary. Keep minutes, resolutions.
🔺Continuity- Continues forever. Ownership can change by selling shares.
🔺Tax- Taxed as a corporate entity. Files separate company tax returns.
🔺Capital- No minimum for Private Ltd, but must state share capital. Banks/NGOs usually ask for higher capital.
🔺Registration Time: 1-3 days.

2. BUSINESS NAME

✅Sole Proprietor / Partnership

🔺Legal Status- Not a separate legal person. 🔺You and the business are one.
🔺Owner Liability- Unlimited liability, If the business owes SSP 10M, your personal house, car, bank account can be taken.
🔺Ownership-1 person for Sole Proprietor.
🔺Name- Must add “& Co” or owner’s name.
🔺Governing Law- Business Names Registration Act, 2008
🔺Management- Owner makes all decisions. No board, no shareholders meetings. Must have Directors, Shareholders, Company Secretary. Keep minutes, resolutions.
🔺Continuity- Dies with the owner. If owner dies, business stops.
🔺Tax- Taxed as personal income under owner’s TIN.
🔺Capital- No minimum capital required. Banks/NGOs usually ask for higher capital.
🔺Registration Time:1-2 days

3. BENEFITS OF EACH

A. BUSINESS NAME REGISTRATION - Benefits
Best for small traders, shops, consultants, startups testing an idea.
🔺Cheap & Fast - Less paperwork, lower fees, quicker to get trading license
🔺Simple Compliance - No annual returns to 🔺Registrar of Companies. Just renew business license yearly
🔺Full Control - Owner makes all decisions. No board meetings
🔺Good for Small Contracts - Enough to get a local business license and open a bank account
🔺Easy to Close - Just stop trading and deregister

🩸Shortcoming: Banks, UN, NGOs, and big government tenders rarely give contracts to Business Names. And you risk all personal assets.

B. COMPANY REGISTRATION - LTD - Benefits
Best for contractors, import/export, NGOs partners, companies that will grow or take loans.

🔺Limited Liability Protection - Your personal assets are safe if the company is sued or goes bankrupt
🔺Credibility - "Ltd" companies win more government, UN, and corporate tenders. Banks trust you more for loans
🔺Perpetual Existence - The Company lives even if directors change or die. Easier to sell later
🔺Can Own Assets - Company can own land, vehicles, and property in its own name
🔺Easier to Bring in Investors/Partners - You can sell shares instead of selling the whole business
🔺Tax Planning - Can deduct more business expenses.
🔺Required for Many Licenses - To be a clearing agent, construction company, fuel importer, telecom, bank agent, etc. the law requires a Ltd company

🩸Disadvantage: More compliance, annual returns, audited accounts, board meetings, higher fees.

4. WHICH ONE SHOULD YOU CHOOSE IN SOUTH SUDAN?

Choose Business Name if:
You run a small shop, salon, restaurant, consultancy, or you’re just testing.

Choose Company Ltd if:
🔺You want to bid for government/UN/NGO tenders
🔺You need a bank loan/overdraft
🔺You have partners and want to protect personal assets
🔺You plan to import, do construction, security, mining, oil services, or any "regulated" business
🔺You want to sell the business or bring in investors later

5. STEPS TO REGISTER AND CERTIFICATE REQUIRED TO OPERATIONALIZED YOUR COMPANY.
Both need:

🔺Name Search & Reservation at Registrar of Companies
🔺Certificate of Incorporation/Registration
🔺TIN from National Revenue Authority
🔺Operation License from Ministry of Trade
🔺South Sudan Chamber of Commerce membership Certificate
🔺Tax Compliance certificate - National Revenue Authority
🔺Letter of No Objection- CID.

29/07/2026

IF YOUR POLITICAL PARTY DENIES YOU A TICKET TO VIE IN AN ELECTION, YOU STILL HAVE LEGAL OPTIONS. YOU’RE NOT AUTOMATICALLY OUT.

Here’s what you should do step-by-step:

STEP 1: ASK FOR REASONS IN WRITING

Demand a written explanation from the party.
Common reasons: lost party primaries, failed integrity check, unpaid nomination fees, zoning, gender/region balance.
You’ll need this letter for any appeal.

STEP 2: USE THE PARTY'S INTERNAL APPEAL MECHANISM

Every registered party must have this under the Political Parties Act 2012.

✒️File an appeal to the Party’s National Executive Committee / Appeals Tribunal within the time in your party constitution. Usually 7-14 days.
✒️Attach evidence: Primary results, payment receipts, and letters of support from your base.
✒️If the party still denies you, ask for a "Letter of Non-Nomination".

STEP 3: PETITION THE NATIONAL POLITICAL PARTIES COUNCIL - NPPC

The NPPC regulates all political parties in South Sudan.

You can petition NPPC if:
✒️The party violated its own constitution during nominations
✒️The process was not free, fair, or transparent
✒️You were discriminated against

Write to the Chairperson of NPPC in Juba within 14 days of the party’s decision. Attach your evidence. NPPC can order the party to redo nominations or reinstate you.

STEP 4: IF PARTY AND NPPC SAY NO - YOU HAVE 2 OPTIONS:

Option A: RUN AS AN INDEPENDENT CANDIDATE
Your right under Article 29 of the Transitional Constitution 2011, You don’t need a party ticket to vie.

Requirements by NEC - National Elections Commission:
✒️Citizen of South Sudan by birth
✒️Age: 21+ for MP, 25+ for Governor, 40+ for President
✒️Registered voter
✒️Nominated by voters: 500 registered voters for MP, 1000 voters across a state for Governor.
✒️Pay nomination fees to NEC.
✒️Resign from public office at least 90 days before polling day
✒️File during NEC nomination period

This works well if you already have strong grassroots support.

Option B: JOIN ANOTHER REGISTERED PARTY
If another party is still doing nominations, you can seek a ticket from them. Check their constitution first.

STEP 5: GO TO COURT AS LAST RESORT
If you believe your Constitutional right to participate under Article 29 was violated, you can file a case in the High Court.
Do this quickly before NEC closes nominations.

28/07/2026

Do you know right to Vote and Be Voted For in the General Election comes December 2026

Based on the Transitional Constitution of the Republic of South Sudan, 2011 as amended, and the National Elections Act 2012.

✅THE RIGHT TO VOTE

This is called "Active Suffrage"
Under Article 25 of the Transitional Constitution, every citizen shall have the right to participate in public affairs through voting. This means that every adult citizen has the right without unreasonable restrictions, to be registered as a voter and vote in a secret ballot.

✅Who qualifies to VOTE:

✒️Must be a citizen of South Sudan
✒️Must be 18 years and above
✒️Must be registered in the National Voters Register
✒️Must not be declared of unsound mind by a court
✒️Not disqualified by law.

✅THE RIGHT TO BE VOTED FOR

This is called "Passive Suffrage" right to contest, under Article 25(2) of the Constitution and Section 10 of National Elections Act 2012

✅General qualifications to contest:

✒️Must be a South Sudanese citizen
✒️Age depends on the position, to vie President you have to attain 40 years and above Art 101, National Legislature 21 years and above, State Governor 30 years and above, State Assembly 21 years and above, County/Local Government 21 years and above, Must be a registered voter,
✒️No minimum education required by Constitution, but some party rules may requirements.
✒️ Must be nominated by a political party or as an independent and pay nomination fees

✅Disqualifications - You CANNOT contest if:

✒️You hold dual citizenship unless you renounce the other one
✒️You are a member of the civil service, army, police, security services unless you resign
✒️You have been convicted of an offense involving moral turpitude in the last 7 years
✒️You are declared bankrupt by a court
✒️You are of unsound mind

27/07/2026

24/07/2026

WHAT DOES IT MEANS WHEN A COURT SAYS "THE ACCUSED SHOULD NOT BE WEARING A NECKTIE".

When a court directs an accused person not to wear a necktie during proceedings, it is typically a security measure ordered by the judge to prevent self-harm or manage safety risks.

It usually means one of 3 things:

1. TO SHOW RESPECT / HUMILITY BEFORE THE COURT

In many common law countries including South Sudan, Kenya, Uganda, Nigeria:
 A necktie and suit are typical "lawyer uniform".
 If the accused is NOT a lawyer, wearing a tie can look like they’re trying to impersonate counsel or be "too formal".
 Some magistrates/judges order accused persons to remove ties to show they are appearing as ordinary citizens, not as legal professionals. It’s about court decorum.

2. SECURITY REASON

This is the most common reason in criminal courts:
 A necktie can be used to self-harm or harm others while in custody.
 It can also be used to hide things or be grabbed in a struggle.
 So in remand, murder, or serious cases, judges often order: "accused to appear without tie, belt, or shoelaces".

3. TO AVOID MISLEADING THE COURT/JURY

 In some countries, a suit and tie makes the accused look "rich, educated, important, and respectable".
 If the judge feels it might influence how witnesses or the public see the accused, they may say "appear in simple clothes, no tie" so the trial is about facts, not appearance.

WHAT IT DOES NOT MEAN

It does NOT mean the accused is guilty.
It does NOT mean the case is dismissed.
It’s just a court order on dress/appearance for that hearing.

WHAT HAPPENS IF YOU IGNORE IT?
Contempt of court. The judge can order you to remove it, or in rare cases fine you / adjourn the case.

19/07/2026

: Busta Simon & Sweet - J

CONDOLENCES ON THE PASSING OF YOUR DAUGHTER

Dear

On behalf of Mangu & Co. Advocates , please accept our deepest condolences on the untimely passing of your beloved daughter, Namanda.

We were deeply saddened to learn of this great loss. No words can ease the pain of losing a child, but please know that you and your family are in our thoughts and prayers during this difficult time.

Take heart and be strong in this difficult time.

May her soul RIP😭

15/07/2026

ENGLAND straight to the BANK..

15/07/2026

WHAT YOU SHOULD DO BEFORE BUYING A MOTOR VEHICLE IN SOUTH SUDAN🇸🇸.

TAKENOTE, PAYING FOR A VEHICLE DOES NOT AUTOMATICALLY MAKE YOU ITS LAWFUL OWNER.

Many vehicle purchasers assume that once payment is made, the keys are handed over, and a receipt is issued, the transaction is legally complete. In reality, ownership of a motor vehicle is not merely a matter of possession; it also requires proper documentation and transfer of ownership records.

Failing to regularize the transfer of ownership may expose a buyer to avoidable legal and administrative complications.

Here are some important legal things you should do:

1. BEFORE YOU PAY: Do These Checks

 VERIFIES THE LOGBOOK - Must be the original "Vehicle Logbook". Check the name, Mark, Model, Date of manufacture, Colour, fuel type, chassis number and engine number all should match the vehicle.
 CHECK FOR DEBTS/CASES - Go to Traffic Police HQ in Juba or any of the States traffic Offices and ask if the vehicle has any pending traffic cases or if it’s reported stolen.
 CUSTOMS STATUS - If it’s an import, ask for Customs Entry, Duty Paid Receipt. If there is No customs Payment that equally means government can seize it anytime.
 ENCUMBRANCES CHECK - Ask if it’s under assignment including bank loan, because Banks can repossess even after you buy.
 PHYSICAL INSPECTION - Confirm chassis and engine numbers on the car match the logbook very important, if the engine has been changed there must be a Certificate from CID, Anti-Vehicle Theft Department.

2. DOCUMENTS YOU MUST GET FROM SELLER
 Original Vehicle Logbook with the name of the seller, if not do not proceed unless the Seller has Power of Attorney or the Sale Agreement with their names on it and signed by them.
 Sale Agreement - written, signed by both parties and 2 witnesses. Include price, date, plate number, chassis, engine number, Law firm.
 Seller’s National ID/Passport copy.
 Customs papers if imported
 Valid Insurance if any left.
 Tented Windows Certificate.

Always remember handwritten paper only with no witnesses very risky in court.

3. TRANSFER TO YOUR NAME - THIS IS THE MOST IMPORTANT PART
Go to Directorate of Traffic - Vehicle Registration Office at Traffic HQ Juba, carry along with you:
 Original Logbook signed over
 Sale Agreement and ID copies of both
 Vehicle for physical inspection - officers verify chassis/engine
 Traffic clearance letter "no objection"
 Customs duty papers if imported
 Fees: Transfer fee, new registration, new plates and 3rd party insurance.

After this you’ll get a new Logbook in your name. Until then, legally it’s still the seller’s car.

4. SPECIAL CASES TO WATCH
Type Red Flags
 NGO/UN vehicle-Must have Disposal Letter and proof of duty paid. Many sold illegally
 Government vehicle-Must have auction letter from Ministry of Finance
 Uganda/Kenya import-Must clear at Nimule/Nadapal border and pay SS duty
 No Logbook-Don’t buy. You’ll never register it
 Vehicle coming from Sudan without documents be very wise with them. Most were stolen during Sudan current civil war.

5. COMMON MISTAKES
 Skipping transfer - Police will ask "where is owner" at checkpoints. You can be accused of handling stolen property
 Buying "customs liability" car - Cheap now, seized later
 No witnesses on agreement - Hard to prove in court if seller disappears
 Buying on "agreement to transfer later" - Register immediately. "First to register" has strongest claim.

14/07/2026

What Really Happens in South Sudan after a Court Sentences Someone to Death?

Many people think that once a judge says, "You are hereby sentenced to death," the ex*****on happens immediately.

That is not how the law works.

In South Sudan just many other countries, after a person is sentenced to death, the law requires several mandatory steps before any ex*****on can happen. You cannot be executed immediately after the trial court gives the sentence.

1. Automatic Review by Higher Courts
1. Court of Appeal
The convicted person has a right to appeal the conviction and sentence. The case goes to the Court of Appeal

2. Supreme Court Review
The Supreme Court is mandated to review all death sentences imposed by lower courts.
This is not optional. Even if the person does not appeal, the file must be sent to the Supreme Court for "confirmation".

3. Presidential Confirmation
After Supreme Court review, the President must also confirm the death sentence before it can be carried out.
Without both Supreme Court and President approval, ex*****on cannot legally proceed.

3. Prison Transfer
While appeals are on-going, death row prisoners are moved to the 2 designated prisons:
- Juba Central Prison
- Wau Central Prison

4. Other Legal Options
1. Appeal against conviction/sentence - Must be filed within the time limit. Courts can grant extension for death penalty cases.
2. Petition for Clemency/Pardon - The President can commute the sentence.
3. Blood compensation / Diya - In murder cases under Section 206 of the Penal Code 2008, if the deceased's relatives opt for customary blood compensation; the court may replace death with up to 10 years imprisonment.

5. Ex*****on
If all appeals fail AND Supreme Court and President confirm:
Method: Hanging

This means that a person sentenced to death may remain on death row for many years while the legal process runs its course.

The justice system recognizes that a death sentence is irreversible, so the law provides several safeguards to reduce the risk of executing an innocent person.