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Weekly moots (debates of law) Moots no. (6) of 2014 Between: Excessive beauty creams users (skins bleaching) & Coming generation’s taxpayers

                   

‘’Moots are literally known as debates of law explored to law students as an educational exercise by listening to qualified lawyers or barristers debating before judges, the students gradually learns not only the law but also how court business are conducted or otherwise defined inter alia as; a mock trail set up to examine a hypothetical case as an academic exercise’’.

 

BRIEF FACTS

On or around 6th October, 2004, “The people of the Republic of South Sudan received a shocking news of the untimely death of the most talented student Ms. (Nyan Miok Dheeng), a Dinka girl by tribe from Warrap state whose mum hails from a tribe in Equatoria and a Juba university science graduate student.   Before she died, was tasked to lead our technology team to the air space immediately after general election of 2011, she was engaged to a Dinka man called Wanidit Bee from Warrap too, who had already paid 100 heads of cattle as dowry to her parents. She had also taken a school fees loan from one of the banks in Juba to be recovered when she gets employed. Her Mum’s dowry was incomplete paid and the maternal uncles were hoping to complete unpaid dowry from the girl’s dowry otherwise they would not allow her to be buried according to their custom or tradition before completion of unpaid dowry”.  In a search for cause of death of the lovely bride, the bride-room; Mr. Wanidit Bee, went to Juba hospital where he was informed by the Juba hospital medical personal who was treating the late that the cause of death was skin cancer as her all veins collapsed because of excessive use of cosmic beauty creams known as skin bleaching. He sought legal advice on the following issues:-    

1. What are the causes and effects of excessive use of skin bleaching cosmetics products?

2. Whether he has a right to bring legal action? 

3. Who are the parties to that case? 

4. What remedies are available to Mr. Wanidit Bee?

5. Whether he can recover his 100 cows if so on what basis?

6. Whether the action of the late’s maternal uncles can be justified in law?

7. Who should be held liable to repay school fees loan taken from the bank by the late?

8. Does any taxpayer has a right to bring legal action if so what is it and on what basis?

9. Would prohibition of excessive use of cosmic beauty creams (skin bleaching) interfere with individual right of freedom of expression enshrined in the transition constitution of the Republic of South Sudan, 2011?

                       Resolutions:-

As to the issue no.1, these moots have exercised its powers under section 51of the Evidence Act 2006 and invited Dr. Loi Thuou as an expert who on oath testified and stated that the phenomenon of skin bleaching is very common in the Republic of South Sudan. There has been no study conducted to measure the magnitude of the practice in the whole country, but across sectional study conducted in Juba it has shown that more than50%of the young to middle age female do or did bleach at some point. Among the reasons given by the females interviewed as the reason of getting involved in the practice is the tendency of men to incline towards women of light skin. Scientifically speaking, the substance of use for bleaching is chemical with immediate, short and long-term adverse effects. Skin reaction to the product used in form of rash and discoloration are among the immediate adverse reactions. This beside the fact that the skin will lose its protective function against sun and microbes that may gain access into the blood stream as a result of loss of the normal thickness caused by the chemicals used. The chemical used could cause serious complications such as skin cancer and chronic renal failure, where the kidneys fail to carry their normal functions. 

To be continued next edition 

 

Law applicable (Legislations considered):-

 

1) Wath alel Dinka customary law

 

2) Article 24(1) of the transitional constitution of Republic of south Sudan which provided that:

    Every citizen shall have the right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to public order, safety or morals as prescribed by law.

 

3) Section 51 of the code of evidence act, 2006, which provided that:

When the court has to form an opinion upon a point related to a foreign law, or of science or art, or as to identity or genuineness of handwriting or finger print or other impressions, opinions upon that point are admissible if made by an expert specially skilled in such foreign law, science, art, or in questions as to identity or genuineness of handwriting or finger print or other impressions. 

 

About the author

Mr. Kiir Chol Deng Achuil is practicing advocate in Juba and runs his own legal firm under the name and style of Kiirdit & co. Advocates. He is the author of this weekly moots (debates of law) and can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. .


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