Juba advocate urges government to sue Petronas for ‘environmental genocide’

A Juba-based advocate and managing partner of M/S Pan African Law Chambers LLP is calling on the South Sudan government to file counterclaims against Petronas for environmental damage. After Petronas launched arbitration proceedings against the government, demanding compensation for assets seized by Nilepet, the advocate argues that Petronas’ oil exploration in South Sudan has led to environmental genocide.

Wani Santino Jada, from M/S Pan African Law Chambers LLP, suggests that the government could claim between $20 and $30 billion in damages from Petronas for environmental pollution. He emphasizes the Polluter Pays Principle, which holds those responsible for pollution financially accountable for their actions.

According to Wani, international agreements and national laws recognize the applicability of the Polluter Pays Principle. South Sudan’s domestic laws, including the Petroleum Act, 2012, also address liability for pollution damage. The advocate asserts that Petronas violated environmental safeguards during its exploration in South Sudan, necessitating compensation for the pollution caused.

The advocate explains how the Polluter Pays Principle is implemented in various jurisdictions globally and its role in promoting environmental responsibility. By internalizing costs associated with pollution, businesses are incentivized to adopt cleaner practices and technologies.