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Sudan Tribune

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Lakes state government criticized over customary law

By Manyang Mayom

March 28, 2011 (RUMBEK) – The government of Lakes state has been severely criticized over its controversial law that has been used to send young men to jail for up to 14 years for impregnating girls.

Cueibet Commissioner Isaac Mayom Malek (right) and Assembly Speaker John Marik Makur (left) under youth critizism in Cueibet, Lakes state, South Sudan. March 27, 2011 (ST)
Cueibet Commissioner Isaac Mayom Malek (right) and Assembly Speaker John Marik Makur (left) under youth critizism in Cueibet, Lakes state, South Sudan. March 27, 2011 (ST)
The parliament of Lakes state and minister of legal affair in Lakes state government are under heavy criticism from youth across Lakes state over the costmary law that has been used to sentence men who have had a sex and made pregnant girls under the legal age of 17.

The head of the High Court of Lakes state, Judge Geri Raimondo Legge, has said that he as issued the sentences by applying different aspects of Southern Sudan law comprised of Child Act, Penal Code Act and Lakes state costmary law passed in 2010.

Legge says that sections 273 and 247 of South Sudan’s penal code allow for his sentencing. The sections concern abduction, rape, kidnap and underage. However young men in the say deny they have committed a crime by having sex with girls under 17 claiming that it is not an offense in their culture.

In Dinka culture, if a girl has begun menstruating then she is of marrying age.

Both Lakes state parliament speaker John Marik Makur and Lakes state governor Chol Tong Mayay have said that judge of high court in Rumbek is not using Lakes state new costmary law properly. They say that costmary law is silent about underage sex and pregnancy and sentencing for youth who impregnate girls.

The issue was recently raised at a meeting of in Cueibet County of Lake state. Members of the Gok Community plus areas MPs, ministers and advisors including 42 ex-chiefs attended a one day community consultative meeting to propose three additional counties to be created out of Cueibet.

Youth who were present raised concerns over costmary law but were ordered to remain silent by senior figures from the community.

A senior government official in the county said “we have gathered here today to suggested creation of additional counties and not to talk over costmary law”.

After his comments young people boycotted the meeting sitting under mango trees instead of remaining at the event.

Cueibet have one county at present but the community suggested at the meeting to create three additional counties. They are seeking the approvable from state governor as well president of Southern Sudan.

Furthermore, Cueibet county has three main ethic groups the Gok Dinka, Jur-Beli and Bongo

Lakes state minister for legal affairs Marget Samuel Aruin in Cueibet, Lakes state, South Sudan. March 27, 2011 (ST)
Lakes state minister for legal affairs Marget Samuel Aruin in Cueibet, Lakes state, South Sudan. March 27, 2011 (ST)
However, deputy chairlady for Women Association in Cueibet County of Lakes state Rose Yar Ater, addressed the issue of the customary law, saying that it needed to be amended because to make it compatible with lack international justice standards.

Yar said, “there is no need to arrest youth for terms of 14 – 15 years imprisonment for case of having impregnate girls – this ruling is bad and we have to change [it]. She said that imprisoning young men for such a long time was a waste and would not help them and destroy their future. “We have to change this law”, she said.

Youth members said that they are surprised that the MPs they had voted for had introduced such laws.

One young man told Sudan Tribune, Balang Ajuong, said : “I am very sad and worry for having voted wrong people into parliament – I have vote wrong governor into office and making thing worse is that [the] legal affairs minister is silent over this cases of impregnating girls”.

Lakes state minister of Legal Affairs, Margret Samuel Aru, said that those sentenced to jail for having impregnated girls have the right to appeal. She also added that state government is working seriously to free them from jail.

(ST)

12 Comments

  • Hero
    Hero

    Lakes state government criticized over customary law
    It’s a poorly design law, and they laws makers of the Lake State,s government must be held to account.No doubt that, those who are well inform about how the customary law be, have every right to criticises it.

    Reply
  • Jeti
    Jeti

    Lakes state government criticized over customary law
    Impregnating a girl is not a death crime, so one should serve 14 to 15 years in prison, Lake state law makers must understand. They must ease this sentence otherwise Lake state will go into ruin.

    Reply
  • JAMES KUOI STEPHEN
    JAMES KUOI STEPHEN

    Lakes state government criticized over customary law
    The right of Lake State can contributed any change from their choice. People are governed by laws that will be respects in the State.If they are hard to the underage to remember them,Change what will harm the culture,there are family laws, in civil authories,they can exclude youth. The culture willnot accused aspect of young marriage, it’s society promotion of who she/he, if the families are prouding for their identity of youngman to be indulge for marriage responsbility,then the youngman wouldn’t be arrested.The question was,who report the underages pregedence to police or court? Not age who report? If over charge are in these cases, be aware of different bussines, people will be abused one of the day. discusion will give you prosperity. Discuse any change of an emotional from any races faith in Christ Jesus the son of Living God Almighty, we are New Sudan!by the power of Holy Spirit in Christ Jesus.

    Reply
  • Antipas Gorom
    Antipas Gorom

    Lakes state government criticized over customary law
    Am not surprised to here what the minister said, “they can Appeal”
    It is true that we in Lakes state are now reneging on the responsibilities of either state or indivivduals.If am not wrong, it is all over South, that states are leaving everything in the hands of persons even murder cases, you are murdered, it is your father or mother to follow that cases while state is even asking for money in opennig that case.that is why the Ministe
    released that none substance statement in the lurk of legality.clock is ticking, one day you will go.
    It is time to know who they are. They are traditionalists, even creating of new counties is not in the ambit of community but administrative in the realm of high decision making enshrined in economics vein of our new nation, Governor is just making us busy on none issues and divert our attention so that politicians who need more political space can be with him in support.That is why that elder shouted down that youth membernot to say anything about that flagrant corrupt customary law.
    Nwe Banghezi awaits in that doldrum state otherwise, they will come out wrongly as per the way they went in.

    Reply
  • Liberator
    Liberator

    Lakes state government criticized over customary law
    Dear: all our Martyrs

    B R E K I N G N E W S!!

    Within the next day or so, The Government of South Sudan won’t be the same. Your ultimate sacrifices shall never be in vain.

    Amen!!!!!!!!!!
    South Sudan Resuscitation is at the door.

    Reply
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