Home | News    Wednesday 14 September 2011

S. Sudan‘s Chief Justice calls for speedy dispute resolution


By Ngor Arol Garang

September 13, 2011 (JUBA) - The Chief Justice of the Republic of South Sudan (RoSS), Justice Chan Reec Madut, on Tuesday directed primary courts to apply an Alternative Dispute Resolution (ADR) system in its proceedings to speed up disposal of cases.

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Chief Justice of the Republic of South Sudan, Justice Chan Reec Madut (AP)

Madut expressed concern over the current arrangement in which primary courts were excluded from the ADR system leading to a large backlog of cases in the newly independent country.

The Chief Justice who was speaking in Juba on Tuesday at the opening of a stakeholders’ meeting to discuss the enhancement of the system, said 80% of all reported cases were handled in primary courts.

The meeting was one of the first senior judicial meetings since Madut’s appointment at the headquarters of the national judiciary. Madut played a key role in the referendum that led to South Sudan’s independence in July.

He said that the Alternative Dispute Resolution system was a way of resolving disputes outside the formal judicial process where parties meet with a third party, a mediator, who helps them resolve their dispute.

"I am sure if the primary courts apply Alternative Dispute Resolution or incorporate this system then we will be able to reduce a big number of pending cases," he said.

Madut said currently the courts were able to deal with 100,000 cases yearly but this was only a quarter of the 400,000 they receive.

Apart from timely resolution of disputes, the chief justice also said that the system was cost effective and brought satisfaction to both parties.

Malek Mathiang Malek, president of high court in the state of Central Equatoria, suggested to the meeting that there should be an annual Alternative Dispute Resolution conference as a way to promote and publicise the ADR system.

He said the institution was ready to provide refresher training courses to those in need so as to ensure effective implementation of the system.

Malek further added that the institution was happy to be one of the consultants to analyse of the system and that it indicated the capability of the local institutions in analyzing matters for the national development.

Asked about structural hierarchy of the judicial system, Malek explained that the High Court is the highest court at the state level in South 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. Judicial power in the states is vested in the state judiciary with the constitution 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.

State courts have civil and criminal jurisdiction in respect of the state, South Sudan and national laws, save that of a right to appeal as provided by the Interim Constitution. However, the South Sudan Legislative Assembly shall determine the civil and criminal procedures in respect of litigation or prosecution under South Sudan laws in accordance with the Interim Constitution.


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  • 14 September 2011 08:19, by Dinka Dominated SPLA/M

    yes i greed with his justice mediation is the process which could help to avoid delaying of trail and it doesn’t cost too much to go there.

    thank God the south is now in the ight diection.

    repondre message

  • 14 September 2011 09:36, by Alier42

    That is a good initiative,large successful operations can begin in a small way ,but a well-done job normally takes time.

    repondre message

  • 14 September 2011 10:44, by Isaac Khamis

    Chan Reec Madut is not South Sudan Chief Justice that can anythings to laws systems he appointed as Kiir personal protector. there are no laws in South Sudan and If there were laws why did laws makers give Kiir all powers of the country I though people have learn from old Sudan Systems, because he has been given the right to stayed in power untill he died.

    repondre message

  • 14 September 2011 14:09, by Josh

    I think Rev.Dr.President kiiri is the chief of justice and the final man of all. He is also the third person after Jesus in Dinka Bor community. I remember when widow of cattle raider Naket John G came to pray to kiiri so he can pray to Jesus and Mohmad for the death of her husband who dead of Gonorrhea in the big forest of Natinga in Eastern Equatoria. It was so sad in Dinka Bal al Ghazal community to hear the death of their feeders.

    repondre message

    • 14 September 2011 15:31, by Bol Akoch Buoi

      Dear Josh
      I don’t know when will you appreciate what you got, Dinka make you know yourself and who you are. People hate Dinka for nothing. During the war, many of the Dinka where killed on their way to Ethiopia. Initially, SPLM/A was perceived as Dinka’s movement, many tribes resented it and work day and night to sabotage it. and now people are talking of corruption and representation when the don’t even know what is the South Sudan GDP. People like you where lucky to escape to foreign countries and have education. Brother, if you and your associates don’t refrain away from internet wars, remember that stakes are high, you got to know that my dear. Every state, every region of South Sudan have their share in the locals, states and the national government. Lucky you who escape the war and have education so that you are able to sitdown on computer to weight your internet tribal hatred wars. You either go to hell or change your way of thinking, otherwise, no way out. The Dinka of South Sudan are a well known tribe worldwide for their creditability, resilient and naturally democratic, that is why we Dinka don’t have a King, so don’t worry about Kiir he will relinquish the powers when necessary. Thank you for your understanding.

      repondre message

    • 14 September 2011 16:54, by Cadaai ?o?


      Historian and Identity Advocacy View:

      I know your mission here is trying to manipulated Dinka tribes identity or history through your natural dishonest behaviors based on your background. I know you are from Dinka Bor who desperate for credits even you guys don’t deserve creditts. I don’t think guys will claims credits from Dinka Twic over either sides of the River but just you guys will end up with disadvantage in South Sudanese’ eyes who knows the truth about Dinka Twic East and Dinka Twic West.I am sorry sir.

      repondre message

    • 14 September 2011 19:13, by sam Dut

      Josh and Isaac.
      go to hell if you don’t like H:E President kirr.

      repondre message

      • 15 September 2011 02:32, by jonglei

        hi josh

        wat are u talk abt Dr john Garang and mr banydit salva kiir,they are all from Dinka Twic East and Twic West,u critize Garang,s death, but he brought u out from slave, atrocities zat the arabs fuck yr sisters and yr mothers now and then, he rescue yr u from death, how poor are u?

        repondre message

  • 15 September 2011 02:00, by Kondit

    The chief justice should understand that dispensation of justice and exercise of rule of law should be the priorities of the judiciary of RSS. And for this to take place, there should be judicial independence and there should be clear separation of powers among the three arms of the government, and not forgetting to caution the state security apparatus and other individual influence in the dispensation of justice before and during proceedings of the courts. Local courts’ jurisdictions especially in matters relating to murder and manslaughter cases should be brought under control and their jurisdiction limited to specific cases such as the minor cases to be handled by the local chiefs and the jurisdiction clearly defined to avoid miscarriage of justice and in addition, appropriate penalties prescribes thereto to those who go ultra vires against the set rules of procedure. The state constitutions and the state penal codes should not be allowed to create offences which are inconsistent with the national laws, I mean here the grand norm of the land, "The constitution of RSS" and the principles of natural justice as well as the international human rights should be greatly observe otherwise other states may go ultra vires, for instance, the local laws passed by the Lake state government are indeed unjust, unconstitutional and against human rights. No society would love to be lead in such a manner or a state of lawlessness. The chief justice and the minister of justice and constitutional development plus other stakeholders within the judiciary should take steps to design appropriate structures in the system to ease dispensation of justice. Proper restructuring of the judiciary is paramount and this will eventually allow speedy dispute resolution. Again, refreshing courses and training for judicial officers should be encouraged to allow them to be acquainted with the new legal systems since most of our workforce within the judiciary attained their legal educations for diversity legal systems. Further still, recruitment of young skilled judges, judicial officers and clerical staff should be undertaken in order to have sufficient workforce that can help in speeding up the dispensation of justice as the saying goes justice delayed is justice denied, do we need to deny our people the justice they struggled for? Of course no, we believe you, the chief justice are capable of coming up with a comprehensive and inconclusive work plan that can accommodate all good suggestions in order for us to stir forward our young infant nation.The government should also establish a law school where fresh law graduands can undertake the bar course in order to avoid incompetent lawyers from forging legal practicing license because government corporations and other private companies require creditable, competent lawyers with integrity to handle issues relating to corruption and state contracts and litigation. For how long will the government continue loosing large sum of funds just for hiring foreign legal experts when it can establish and train its own legal experts capable prosecution in case of criminal cases which usually conducted by the state on behalf of its public and national interests. Long live Chief justice, long live judiciary of RSS and long live the people of RSS. WHAT IS VOID OF PROCEDURE IS VOID ABANTIO, so let us avoid what will not allow us as a nation to progress and let’s adopt positivity in our dealings. Equity is equality, so let’s do equity to our nation, our people and ourselves. He who seeks equity must come with clean hands, so let’s do things with pure hearts clean of politics and let’s exercise impartiality of judiciary. We the people of RSS will be happy to see just nation where rule of law and respect for human rights are upheld. For liberty, justice and prosperity.

    repondre message

    • 15 September 2011 02:37, by jonglei

      hi kondit

      make it short, or are u writting the book

      repondre message

      • 15 September 2011 20:11, by Kondit

        Hi Jonglei
        You know short things normally expose the goods, just look at a mini skirt, it is very very hard and difficult for a girl or a woman wearing to bent down, so do you want me to face the same difficulties.LOL

        repondre message

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