Penal Code. As part of a bilateral agreement between the Republics of Kenya and South Sudan, the National Council for Law Reporting has been sharing its knowledge and experience in the establishment of a system for official law reporting and law revision with the Judiciary of South Sudan. 4. The Supreme Court in Juba is the highest court in South Sudan, followed by three regional Courts of Appeal. 1 Article 58 of the Criminal Procedures Act 1991. This Act applies in the following regions: Central, Eastern and Western Equatoria, Jongley, Lakes, Northern and Western Bahr el Ghazal, Unity, Upper Nile and Warab. 2008 Country Reports on Human Rights Practices. Printed and Distributed by Secretariat of Legal Affairs and Constitutional Development. Customary Law in South Sudan About UNDP Partnership Act. The appointments were made contrary to the transitional constitution and the Judiciary Act 2008. Actions and consequences. Indeed, South Sudan is ranked at 175 of 176 in Transparency International's 2016 Corruption Index. Southern Sudan Research Council Act. Title and Commencement . The information has been carefully selected and compiled from UNHCR's global network of field . ↵ 7. The appointments were made contrary to the transitional constitution and the Judiciary Act 2008. The independence of the judiciary and the doctrine of . "The Judiciary component on child protection is not active. . Share. Judicial Power and Independence. Examples of these domestication processes are existing pieces of legislation in South Sudan such as Child Act, 2008, Human Rights Act, 2009; IMF and World Bank Organisation Act, 2012 to mention a few. The appointments were made contrary to the transitional constitution and the Judiciary Act 2008. The Southern Sudan Anti-Corruption Commission Act 2009 and South Sudan Penal Code 2008 contain wide-ranging legislation which criminalises a number of corruption offences, but the statutes are rarely enforced. (2) The budget of the Judiciary, after its approval by the National Judicial Service Commission and assent of the President, shall be charged on the consolidated fund and it shall have the financial independence in the management thereof. The Nationality Act of 2011. The Traffic Act. Interpretations. The nation is sometimes informally referred to as the . The cases are to be processed quickly, detention is to be avoided and only to be used as a last resort, and legal support is to be provided. General Authority. (3) The Inquest Committee shall have the powers provided under the Code of Criminal Procedure, 2008 to — (a) summon witnesses and examine their testimony on oath, or take their sworn affidavits, or delegate the hearing or examination of witnesses outside South Sudan to authorized representatives; and (b) compel the production of documents. The Best Interests of the Child. South Sudan Civil . It is bordered by Ethiopia, Sudan, Central African Republic, Democratic Republic of the Congo, Uganda and Kenya.Its population was estimated as 12,778,250 in 2019. South Sudan Judiciary remains one of the most underfunded institution in South Sudan. 3. 6- The Judiciary. officials at times held family members in detention centers. In South Sudan, it is clear the government is in support of the monist legal system and has therefore taken domestication or transformation process. Article 2 provides that "Any provisions of existing legislation that are governed by the provisions of this Act are hereby repealed; provided that all . National Security Service Act and Judiciary Act all act as key strategic documents for security governance. . He also cited breach of South Sudan's Constitution and the EAC Treaty. This integral function of the Judiciary takes on even more importance following the . 4. South Sudan is a republic operating under a transitional government formed according to the terms of peace agreements signed in August 2015 and September 2018. . Repeal and Saving. Act on-line United Nations High Commissioner for Refugees (UNHCR) PDF (consulted on 2010-04-14) This Act applies in the following regions: Central, Eastern and Western Equatoria, Jongley, Lakes, Northern and Western Bahr el Ghazal, Unity, Upper Nile and Warab. Judiciary Act. When a child comes in conflict with the law, the provisions of the South Sudan Child Act, 2008 and the Transitional Constitution, 2011, spell out how the case is to be handled. Share. This Constitution replaced the Interim . Minimum total pension is 40% of the average monthly earning in the last three years before retirement s while the maximum total pension is 80% of the average monthly earnings. the Republic of South Sudan, resigns from the Supreme Court and the Judiciary of South Sudan effective the date above mentioned in accordance with section 62(1) of the Judiciary Act, 2008 Laws of . Purpose. During the six years interim period, the Government of Southern Sudan through its Southern Legislature, enacted the Judicial Service Council Act of 2008. In 2011, South Sudan's Transi-tional Constitution and its Bill of Rights established an overarching framework for the . 1 Article 58 of the Criminal Procedures Act 1991. Ownership and Tenure System. The rights to life and physical integrity are protected by South Sudan's criminal law in several provision of the 2008 Penal Code Act. Like the 2008 SPLA Defense . Partnership Act. Previous Post The Southern Sudan Anti-Corruption Commission Act, 2009. 5. judiciary and government. 7. share with Whatsapp. Kamal Mohamed Saboun v Government of the Sudan, Constitutional Court, 60/2008; Faroug Mohamed Ibrahim v (1)Government of the . Investment Promotion Act. Compare Judiciary Act, S. 10 (1) and Transitional Constitution, S. 126. As a consequence, the constitutional lines of power have become blurred. The Judiciary Council Act, 2008, Judiciary Act, 2008 and Transitional Constitution of the Republic of South Sudan, 2011 amended 2015(TCRSS, 2011) will be examined herein to look into the matter of judiciary independence in the processes of appointment. 3. Small Arms: The estimated total number of guns (both licit and illicit) held by civilians in South Sudan is at least 720,000; The defence forces of South Sudan are reported to have 250,000 firearms; and Police in South Sudan are reported to have 48,200 to 67,200 firearms ( Gun Policy 2015 ). South Sudan (/ s uː ˈ d ɑː n,-ˈ d æ n /), officially known as the Republic of South Sudan, is a landlocked country in Central Africa. 2. Penal Code. CHAPTER II ESTABLISHMENT AND STRUCTURES OF THE JUDICIARY General Provisions 6. It adjudicates on all the complaints arising from the conduct of all aspects of the elections. Ministry of Legal Affairs and constitutional Development Organization Act. General Principles Regarding the Rights of the Child. >. 5. August 29, 2016. Interpretations. ↵ 6. The Act prohibits murder (Art. It says the Judiciary of South Sudan shall be independent and subscribe to the principle of separation of powers and the supremacy of the rule of law. Security Sector Stats. 3/26 justice must be completely autonomous from those responsible for . Repeal and Saving. 2. SS Anti-Corruption Commission Act 2009. The Judiciary Act provides for Payam Courts below County Courts (see Judiciary Act, S. 7 (e) ). 2008. 2008. The Judiciary Act of 2008 sets out the statutory system. 3. (Judiciary Act of 1986)). Title and Commencement. reforms and a judiciary whose professionalism and independence had been devastated by interference from the National Islamic Government and decades of war. August 29, 2016. 7. Repeal and Saving. Juba is the capital and largest city. August 29, 2016. Limited Partnerships Act, 2008 Agency Act, 2008 Registration of Business Names Act, 2008 Constitutional Law. . The appointments were made contrary to the transitional constitution and the Judiciary Act 2008. South Sudan's Chief Justice, Chan Reec Madut, has been implicated in serious corruption allegations since independence. Judiciary Act. Section 2 provides a description and the amounts of assistance withheld pursuant to […] Police Act. Title and Commencement. See Judiciary Act , S. 19, Refworld is the leading source of information necessary for taking quality decisions on refugee status. South Sudan: Court Orders Kiir to Reinstate 13 Illegally Fired Judges Print Email Written/Submitted by External Source Category: Latest (South) Sudan News From Various Sources Published: 29 July 2020 Hits: 357 Tweet. SWITCH NOW to the new, more interactive format. The Act prohibits murder (Art. The Southern Sudan Anti-Corruption Commission Act 2009 and the South Sudan Penal Code Act 2008 are the country's main laws that deal with anti-corruption; they criminalize a range of corruption offenses, including passive and active bribery, embezzlement, nepotism and gift-giving and gift-receiving. Share. . The Forestry Commission Act. Police Act. By Michael M. Murungi May 2013. Others relate . The Judiciary is the branch of government which administers justice in accordance with its constitutional mandate and law. Also, as I said in Part 2 of this article, despite delays and actions regarding the reform of the Judiciary in South Sudan per the R-ARCSS continue to be mentioned, the credibility of those reforms and . Section 1 lists the countries identified as being in violation of the standards under the CSPA in 2019. In fact, the law referred thereunder is the Judiciary Act, 2008 section 7 (f) of the same Act which provides the mandate of the Article 123 (e) of the Constitution. 7. A two-day workshop on judicial reforms supported by the United Nations Mission in South Sudan (UNMISS) brought together members of South Sudan's judiciary and legal fraternity in Juba. South Sudan, Republic of >. Interpretations. 2009; Banking Act, 2010 . Therefore, it is absolutely necessary to have an independent, impartial and credible judiciary in the country. The Judiciary Act, 2008. History of the Sudan Judiciary: between Two Eras 1899-2005, 2nd edition 2007 . South Sudan Supreme Court judge has resigned citing lack of judicial independence in Africa's youngest nation. The Traffic Act. South Sudan ranks very low on the Rule of Law - being ranked by the 2018 Freedom House Index among the worst of the worst at 2/100 (Freedom House 2018) - and as such, the HCSS is expected to set a lasting example for . . Other corruption-related legislation . 2008; Judicial Service Council Act, 2007; Civil Procedures . Title and Commencement. Authority and Application. This, he said, amounted to abuse of power and . This condition amounted to misconduct within the meaning of Article 134 (2) of the Transitional Constitutional of the Republic of South Sudan 2011 and section 50 of the Judiciary Act, 2008 which triggered their removal from office. South Sudan, Republic of. Ministry of Legal Affairs and constitutional Development Organization Act. 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