30 Aug 2014

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
  • Courts of Appeal
  • High Courts
  • County Courts
  • Other courts or Tribunals as deemed necessary to be established
  • New Sudan Judicial System — Court Hierachy 

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:

  1. 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.
  2. 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
  3. 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
  4. Be a court of review and cassation in respect of any criminal, civil and administrative matters arising out of or under Southern Sudan laws
  5. Have criminal jurisdiction over the President and Vice President of the Government of Southern Sudan and the Speaker of Southern Sudan Legislative Assembly
  6. Review death sentences imposed by Southern Sudan courts in respect of offences committed under Southern Sudan laws
  7. Receive appeals against decisions and judgements of the courts of appeal
  8. 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
  9. 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.

  1. 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. 
  2. 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. 
  3. Each state shall determine the jurisdiction of its customary law courts.  There shall be substantial representation of women in the state judiciary having regard to competence, integrity, credibility and impartiality.  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. 
  4. 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 theJudges 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 

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