JUDICIARY
 

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


Related Links:

Constitution of South Sudan
Laws of South Sudan
Customary Laws of South Sudan

 

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