Slow pace of law enforcement in southern Sudan
By Beny Gideon Mabor
March 31, 2009 — The rule of law and the administration of justice in southern Sudan before and after the signing of the Sudan Comprehensive Peace Agreement CPA/2005 still remain with slow progress as expected of us at this critical time after transformation of the guerrilla movement into government and a proper legal systems .However, the main challenge goes to the rule of law institutions entrusted with the national task of accountability, transparence, respect for the rule of law and procedural justice
But the worrying question is that the custodian of law are using national legislation to meet their private interests to mention few by use of unconstitutionally obtain evidence which often resulted into unfair trial. This is something detrimental to the administration of justice an prohibited by the Bill of Rights set forth in Article 18 and Article 23(3) (4) of the interim constitution of the Southern Sudan ICCS/2005 and a legal duty reference to the conclusive competences of Southern Sudan Ministry of Legal Affairs and Constitutional Development Organization Act 2008, the INC/2005 and the law respectively
Notwithstanding, there is a raising alarm of unfair judgment and pending trial where these cases whether civil or criminal offences are some time lesser charges that would have been settled in due course but delayed up to three to four years unreasonably. Justice delayed is justice denied. With this episode, it increases violation and the citizens took laws into their own hands because they normally lost hope for prompt justice intervention and even alleged that the case might be politically influenced or motivated in favor of the accused. An example are murder cases where justice is delayed the relatives of the deceased may revenge before the release of the verdict and continuously fueled the insecurity to the innocent parties.
The Judiciary of Southern Sudan at every level lack trained judges, support staff or resources. Where judges are available, courts are rudimentary and lack even the basic essentials such as recorders and clerks. Nevertheless, many judges accept to having limited knowledge of customary law while over 90% of our day to day criminal and civil cases in Southern Sudan are executed under customary laws, reference to the research study of Customary Law In Contemporary Southern Sudan by Justice Aleu Akechak and Robert A Leitch in the year 2004.
To the Public Attorneys and Legal Advisors despite the functions and powers provided for in the ICSS/2005, the INC/2005 and the Ministry of Legal Affairs and Constitutional Development Organization Act 2008, read together, they amongst other duties have powers to supervise cases to which any level of Government is a party and conduct pre-trail proceedings and summary dismissal of cases if it is inadmissible evidence, hence seem to having receive cases report without application of the said legal instruments and continues issuing petitions even for common misdemeanors which also increase level of omissions and commissions disrespectfully.
In conclusion, I am writing to the rule of law institutions namely the Judiciary of Southern Sudan, Ministry of Interior and the Ministry of Legal Affairs and Constitutional Development to expedite its legal systems into practical aspect as determined by the present laws of Southern Sudan. I also appeal to the Donor partners and specifically the institutional capacity building programmes in collaboration with GoSS institutions concern to conducts training in areas of customary law, good governance and English languages courses for Arabic oriented judges and legal advisors, to enable them provide competent legal service across the region.
The author is a student in the Faculty of Law at the University of Juba, he can be reached [email protected]
Aduol Liet
Slow pace of law enforcement in southern Sudan
MR, Beny Gideon Mabor. You need to understand also things can not be done overnight.Apparently, the Southern Sudan government was born yesterday as you mentioned 2005. However, our people have so many lacks in their common in term of commitment and how to do good things for your people rather than thinking to get rich in one day. Basicall, this Southern Sudan government is too young to be blanme but they leaders have not shown theirs commitment yet and some time it is very hard to tell which direction the Southern Sudan is heading after peace agreement was signed in Kenya.
The effort of peace agreement was made by U.S and I think they have done their part in any way but to make establishing government regulations,I think the Southern Sudan offical must do that there is no one who will come to tell them do this and that. Every government in the world have to be establish by the people and therefore, Southern Sudan officals must have to establishing good government of Southern Sudan. The SPLM chairman and his admininstration were suppoedly to have a plan in every things to be done within four years after signing peace agreement through making management of theirs money and set the the law done unfortunately, we heard all the times here that they civilians are still fighting each other like the time there was a guerrilla movement why because the Southern Sudan government did not even tried to stay in touch with them and to explains the law to they civilians that, this is our new law. People also blanme only leaders but the new government need every body to offer his best ability in order to make that happen.
The rule of law is not easily to make it happen if the people themselves did not have the trustworthiness and faithful within the government and thus,to make that happening then, the Southerners must be honest to their all citizens look right now they civilians are not trusting Southern Sudan officals, because there is a corruption going on there and every one have his own doubt since, they officals are just only looking to get rich then, who will you think is a good person in Southern Sudan government. In addition to that, the Southern Sudan polices have not been told yet, they can just collected the tax from the public on the road ways then, get a way with it and there is no justice to tell them this is wrong and will not be accepted. The business people can demanding theirs prices higher as they wanted but there is no government in Southern Sudan to set the regulation, telling them this is the rules and must be follow.
How SPLM claiming they are doing their best in Southern Sudan while there are many things not accomplishing yet, example of those things are like road when you travel from Uganda to Southern Sudan the road is so badly up to Bhar el Ghazal States, schools there is no any kind of school that was been since the the peace agreement was signed, Hospitals,our people are still having difficulties in they communities. civil administration, every things was now control by Cdrs of the SPLA and the welfar is not even taking place. The leader must be one who have captcaity on how to build the morality of his people and the people have trust in government.
Sincerely
By Aduol Liet.
U.S.A