| The
Judiciary of Southern Sudan
The
constitution of Southern Sudan mandates the establishment
of the Judiciary of Southern Sudan (JOSS) as an
independent decentralized institution. JOSS will
be independent of the Executive and Legislature
with its budget charged on the consolidated fund
thereby having the necessary financial independence.
The
president of the Supreme Court of Southern Sudan,
as the head of the Judiciary of Southern Sudan will
be answerable to the President of the government
of Southern Sudan for the administration of the
judiciary.
The
judicial power in Southern Sudan is derived from
the people and will be exercised by the courts in
accordance with the customs, values, norms and aspirations
of the people and conformity with the constitution
and the law. The overall management of JOSS; its
composition and functions; shall be prescribed by
law, in accordance, with provisions of the constitution.
The Judiciary of Southern Sudan is structured as
follows:
The
Supreme Court of Southern Sudan
The
highest court and will consist of a president, deputy
president and five other justices. The Supreme Court
shall sit in panels of three justices each on all
matters except that when sitting as a Constitutional
panel it shall consist of all members of the Supreme
Court.
Functions
of the Supreme Court of Southern Sudan are as follows:
a)
Be court of final judicial instance in respect of
any litigation or prosecution under Southern Sudan
or state law, including statutory and customary
law, save that any decisions arising under national
laws shall be subject to review and decision by
the National Supreme Court.
b)
Have original jurisdiction to decide on disputes
that arise under this Constitution and the constitutions
of Southern Sudan states at the instance of individuals,
juridical entities or governments
c)
Adjudicate on the constitutionality of laws and
set aside or strike down laws or provisions of laws
of Southern Sudan or states of Southern Sudan that
are inconsistent with the constitution or constitutions
of Southern Sudan states to the extent of the inconsistency
d)
Be a court of review and cassation in respect of
any criminal, civil and administrative matters arising
out of or under Southern Sudan laws
e)
Have criminal jurisdiction over the President and
Vice President of the Government of Southern Sudan
and the Speaker of Southern Sudan Legislative Assembly
f)
Review death sentences imposed by Southern Sudan
courts in respect of offences committed under Southern
Sudan laws
g)
Receive appeals against decisions and judgements
of the courts of appeal
h)
Have original and final jurisdiction to resolve
disputes between the states of Southern Sudan and
between the Government of Southern Sudan and a state;
this jurisdiction shall not extend to disputes relating
to exclusive, concurrent or residual powers of the
national government; and
i)
Have such other competences as may be determined
by law
President
of Supreme Court of Southern Sudan
Justice
John Wol Makec
Deputy
President of Supreme Court of Southern Sudan
Justice
Chan Reec Madut
Courts
of Appeal
The
Courts of Appeal for Upper Nile State to be based
in Malakal
Mr.
Justice Aleu Akechak Jok - President
Mr. Justice John Clement Kuc - Member
Mr. Justice Stephen Simon Benjingwa - Member
The
Court of Appeal for Equatoria States based in Juba
- Mr.
Justice Achol Mading Mayen - President
- Mr.
Justice Kuc John Akot - Member
- Mr.
Justice George Lado Tartiso – Member*
*
Whereas the policy underpinning this exercise is
that no one is to be posted in his home area, county,
state or region, an exception has been made by the
JOSS administration for the case of Justice George
Lado Tartisio for a limited time of one year, for
reasons known to the JOSS administration.
The
Court of Appeal of Bahr el Ghazal States based for
the time being in Rumbek
- Mr.
Justice Kukur Lopita Marino - President
- Mr.
Justice Alexander Muludiang Jada - Member
- Mr.
Justice James Alala Deng – Member
Deployment
or posting of all the Justices of Courts of Appeal
of Southern Sudan 12 October 2006
High
Courts
The
High Court is the highest court at the state level
in Southern Sudan. Its most senior judge is its
president and is answerable to the Governor of the
state for the performance and administration of
the State Judiciary.
a)
Judicial power in the states are vested in the state
judiciary with the consitution of each state providing
for the establishment of a state judiciary consisting
of the hierarchy of courts: High Courts, County
Courts and Any Other Courts and Tribunals.
b)
State courts have civil and criminal jurisdiction
in respect of the state, Southern Sudan and national
laws, save that of a right to appeal as provided
by the Interim Constitution. However, the Southern
Sudan Legislative Assembly shall determine the civil
and criminal procedures in respect of litigation
or prosecution under Southern Sudan laws in accordance
with the Interim Consitution.
c)
Each state shall determine the jurisdiction of its
customary law courts.
d)
There shall be substantial representation of women
in the state judiciary having regard to competence,
integrity, credibility and impartiality.
e)
Structure and powers of courts of the states of
Southern Sudan shall be subject to the provisions
of the Interim constitution and constitution of
the state concerned.
f)
The constitution and legislation of each state shall
provide for:
- The
appointment, removal and other terms and conditions
of service of judges and lay magistrates
- Guarantees
for the independence and impartiality of the state
judiciary, immunity of judges and magistrates,
and measures to ensure that they are not subject
to political or other interference.
The
Judges of the High Courts are posted as follows:
Upper
Nile State based in Malakal
Judge George Angier Ring - President
Judge Sumaya Saleh Abdalla - Member
Jonglei
State based in Bor
Judge Madut Santino Deng - President
JudgeAdlan Osman Morgan - Member
Unity
State based in Bentiu
Judge Atem Biai Makuer - President
Judge William Kaya Pacifico - Member
Central
Equatoria State based in Juba
Judge Malek Mathiang Malek - President
Judge Duria Dirar El Sheikh - Member
Eastern
Equatoria State based in Torit
Judge Geri Riamondo Legge - President
Judge Longar Mayen Deng - Member
Western
Equatoria State
Judge Bol Bul Wang - President
Judge Abraham Majur Lat - Member
Lakes
State based in Rumbek
Judge Alaka Makelele Nyajok - President
Judge Kulang Jerbuom Macuor - Member
Warrap
State based in Kuajok
Judge Jairo Ajang Kornelio - President
Judge Isaac Pur Majak - Member
Western
Bahr el Ghazal State based in Wau
Judge Charles Uyo Nyawilo - President
Judge Makur Machok Manyuon - Member
Northern
Bahr el Ghazal State based in Aweil
Judge Charles Abyei Jook - President
Judge Kiom Othwon Dak - Member
Deployment
or posting of all the Judges of High Courts of Southern
Sudan 12 October 2006
County
Courts
First
Grade County Judges
(From
order to deploy and post all the 1st and 2nd grade
County Court Judges of JOSS to the counties of Southern
Sudan, 19 October 2006)
Northern
Bahr el Ghazal State
Judge Butrus Hon Chany - Aweil South County
Judge Buga Ajuac Maker - Aweil West County
Judge Jasmes Samule Ajuong Makuer - Aweil North
County
Judge James Sabino Ajawin - Aweil Centre County
Judge Michael Atem Chol - Aweil East County
Western
Bahr el Ghazal State
Judge Nangero Susan Oteme - Wau County
Judge Watama Alisaba Clasiwa - Wau County
Judge Makram Yousif Khamis - Wau County
Judge Bol Pot Yut - Wau County
Judge Luka Muderia Hassan
Judge Yousif Tamim Fartak - Raja County
Judge Dijo Stephen Abraham - Raja County
Warrap
State
Judge Malek Chol Malek - Tonj East County
Judge Nyok Monyrac Akuei - Gogrial East County
Judge Francis Luigi Adwok - Gogrial West County
Judge Mathiang Kuac Mathiang - Tonj South County
Judge John Yel Aleu - Twic County
Judge Bol Ayuel Aleu - Tonj North County
Lakes
State
Judge Barac Mabior Mayol - Yirol East County
Judge Abdel Aal Gordon Komi - Rumbek County
Judge Daniel Deng Akol - Rumbek North County
Judge Malou Yel Akol - Cueibet County
Judge Sabir Jabir Awad El Karim - Yirol West County
Judge Awuor Miyak Deng - Rumbek County
Central
Equatoria
Judge Peter Ruei Gatwech - Yei County
Judge Mohd Saleh Ramadan - Kajo Keji County
Judge Obej Denyong Anyuong - Juba County
Judge Peter Denino Urbano - Terkeka County
Judge Zeinab Idris Hamid - Juba County
Eastern
Equatoria State
Judge Douth Kulang Bichok - Kapoeta County
Judge Lado Arminio Sekwat - Torit County
Judge Yusif Suleiman El Sheikh - Torit County
Judge Luigi John Tijak - Magui County
Western
Equatoria State
Judge Arfakchad Boyoyo Kelega - Yambio County
Judge Alexander Sabor Subek - Maridi County
Judge Tambel Musa Pasha - Tambura County
Upper
Nile State
Judge Theiki Da Aduot Deng - Meluth County
Judge Nicola Nyuol Makuac - Kodok County
Judge Perpetua Ajonye Paya - Malakal County
Judge Marow Deng Malwal - Malakal County
Judge Hanadi Mahmoud Mohd - Malakal County
Judge Akli Saeed Sulieman - Nasir County
Judge Andrew Joshuo Lado - Renk County
Judge Garang Ajak Deng - Wadakona County
Jonglei
State
Judge Peter Agany Donato - Bor South County
Judge Margaret Samuel Aru - Bor South County
Judge Noah Gabriel Kau - Panyagor County
Judge Mirchani El Sheikh Turki - Akobo County
Unity
State
Judge Kuol Monytoc Deng - Bentiu County
Judge Aban Tong Onwar - Mayom County
Judge Lawrence Mabok Wuor - Leer County
Judge Murtada Nyawello - Pariang County
Second
Grade County Judges
Northern
Bahr el Ghazal State
Judge Ali Radwan Hamadan - Aweil Centre County
Judge Bashada Osman Tamim - Aweil Centre County
Western
Bahr el Ghazal State
Judge Muna Muna Mohamed Yunis- Wau County
Judge Gerry Leon Lako- Jur River County
Judge Ghada Abdel Jalil Rahma -Wau County
Warrap
State
Judge Thou Andrew Makur - Twic West County
Judge Sebit Karama Gidia - Gogrial West County
Judge Yai Anyuon Kuot - Gogrial West County
Judge Mujahid Abdalla Adam - Tonj South County
Lakes
State
Judge Mohd Ahmed Ishak - Rumbek Centre County
Judge Agok Bol Kur - Aweirial County
Judge Peter Awan Manasse Makoi - Yirol West County
Central
Equatoria State
Judge Yassin Mohd Ismail - Juba County
Judge Luris Richard Mulla - Juba County
Judge Dudu Jackson Jejen - Juba County
Judge Armani Elhadi Mohd - Juba County
Judge Mengisto Amosa Wajia - Morobo County
Judge Adil Mahdi Abaker - Juba County
Judge Eid Sebit Eid Adam - Yei County
Judge Lawrence B. Jaja - Terkeka County
Eastern
Equatoria State
Judge Philip Kladio Wani - Kapoeta East County
Judge Sebit Bullen Bullo - Nimule
Western
Equatoria State
Judge James Paulino Lako - Mundri County
Upper
Nile State
Judge Joshua Lado Santino - Rubkona County
Judge Peter Mazen Chol - Maban County
Judge Jamual Malual Teny - Pochalla County
Judge Kwackwan John Tipo - Renk County
Judge Huda Hamid Ismail - Malakal County
Judge George Philip Lado - Kodok County
Judge Rida Simon Wani - Renk County
Judge Romnaan Ali Abdalla - Renk County
Jonglei
State
Judge Anjelo Daniel Gwang - Akobo County
Judge Francis Amum Awien - Waat County
Judge Paul Simon Wani - Ayot County
Judge Maker Thon Kiir - Dukeen County
Judge Jaafar Adison Adwok - Fangak County
Unity
State
Judge Shadia Mohd Abadalla - Bentiu County
Judge Yonson Santino Olwak
Other
Courts
Western
Bahr el Ghazal State
Town
and Rural Courts
Wau
Town Court
Chief Paul Uras Udo - Chairperson
Chief
Santino Uken - Member
Wau
Rural Court
Chief
Shueib Mohamed Saeed - Chairperson
Chief
Marjan Baipo - Member
Al
Muqtaa Populace Court
Chief Ngong Ngong Deng - Chairperson
Chief Thiang Agou Madut - Member
Chief Yak Majok Yak - Member
Updated
12/07/2007 |