Author: Chuol Jany
South Sudan’s justice department has banned informal settlement of murder and rape cases being handled by traditional leaders. This came during the inauguration of Mobile Court in Unity State on Monday, 22 July 2024.
Stephen Simon Banjiwa, Justice for the Court of Appeal and President of Appeal Court in Greater Equatoria who represented the Chief Justice during the inauguration said customary courts do not have a mandate to trail murder or rape cases.
“The customary and traditional courts are helping people in the absence of the formal court in the state and villages. But the law gives every court jurisdiction. You don’t take the powers on your own, it’s the law which empowered you.” I want to tell the customary court in Bentiu particularly that they should refrain from trial murders and rape cases because such cases are above their jurisdictions.”
Simon said the Local Government Act 2009 spelled it clearly that traditional leaders don’t have the competency to handle such cases. “If you’ve been doing it all this time, we are addressing you now to cease trialing murder cases and other big cases we called capital offenses,” he said.
Justice Simon pledged that the judiciary of South Sudan will cooperate with the governor of Unity State to ensure the rule of law is respected. The Governor of Unity State, Justice Riak Bim Top says the presence of the high court and procurators demonstrate the government’s support for the rule of law.
He said the establishment of Mobile Court is the first step and a permanent state judiciary is needed. Riak described the establishment of the Mobile Court “as a holistic approach for the promotion of accountability and justice in this state.”
He said the traditional court handled criminal acts using formal justice and blood compensation has no room in the absence of a formal justice system.
“After this mobile court, there will be a permanent court present in Unity state and our intention as government is to fight impunity, and facilitate peace and security.
Chief William Lieth Kuol, a member of Bentiu Bence Court welcomes the government’s decision to stop them from handling murder cases.
He said the customary courts work hand-in-hand with formal courts and act in the absence of prosecutors.
“There traditional things that need chiefs and cannot be handled by judges like my cow being stolen, separation of marriages, low payment of dowries are our work as chiefs.”
Chief Lieth believes that the presence of judges will make their work easier and increase the safety of chiefs since some murder cases could put the traditional leader’s life at risk.