Community chiefs call for recognition of traditional courts
June 19, 2010 (AKON) — Traditional leaders in Warrap state in Southern Sudan have called on the regional government to recognize traditional courts and respect their rulings.
Chief Aru Luac Mayen who holds membership in the traditional council of elders in Gogrial West County of the state told Sudan Tribune on Saturday in Akon that traditional courts will have more authority if government recognizes them and strengthens their verdicts.
“If government recognizes and puts more efforts in recognizing verdicts from traditional courts, it will result in the courts being respected more among the people in rural areas,” he said.
Chief Mayen further stressed that law enforcement agencies such as the police should be given power to enforce decisions of traditional courts.
He complained that local verdicts from traditional courts are not respected in most parts of the rural areas in southern Sudan because they lack the support of the laws.
“Traditional courts have been rendered obsolete because their decisions are not supported by the laws and government. Our representatives at higher levels in parliaments in Khartoum, Juba and Kuajok should lobby for more teeth so that the authority of the courts is respected,” he said.
Sub-chief Deng Mayen Luac also added that it is important that government recognizes the courts because they are close to the people and quick at disposing of cases.
He said areas are vast, which results in people failing to access constitutional courts to get justice. A lot of offenders of the law in rural areas go unpunished because people are discouraged by long distances to both police stations and constitutional courts.
“When the courts are recognized by aligning them in the country’s judicial system, there will be improved delivery of justice in rural areas,” said chief Luac.
He wondered why traditional courts which used to be recognized by colonial administration have dropped beyond playing role in the traditional system.
Before independence, he added, courts were respected by colonial administration particularly district commissioners, who allowed them authority to administer justice in chiefdoms.
“Traditional courts during colonial era were important and I remember that a district commissioner in Gogrial used to return some cases to my father when I was young. He could refer any case that goes to him without his approval,” he further explained.
“This is not the case now. A simple case which can be settled by a headman in the village let alone goal leader and sub-chief goes straight to county judge now,” he further criticized.
“Everything including family quibbles is now settled by judges. This has made it possible for traditional courts to lose control over rural matters as it used to be in the past,” he said.
He further wondered why government has not enacted a law incorporating traditional courts into the judicial system.
“Law enforcement agency officers are very few and our people are suffering from matters like domestic violence. I don’t know why government is not enacting a law to integrate traditional courts into conventional courts,” he continued.
He recommended that government should do something to give traditional courts authority to effectively deliver justice.
(ST)