South Sudan Legal Profile

The South Sudanese legal system is built upon both customary and statutory law and has a clear hierarchy of law as specified in the South Sudanese Transitional Constitution.

The sources of legislation stem from the supreme law of the Constitution, written statutory law, the customs and traditions of the South Sudanese people as well as the will of the people. Nevertheless, South Sudan is de facto ruled by President Kiir by decree and executive powers, which undermines the power of the legislative branch of government. The executive branch can block laws made in the National Assembly, whilst the threat to dismiss Parliament should they block proposed laws has been used in the past.

The President also wields power over South Sudan’s states, which nominally have wide ranging autonomy. State governors can also rule by decree, but can be dismissed at any time by the President and as such loyalty is expected to the party and office.

Article 122(2) and Article 124 of the Transitional Constitution confirm the independence of the judiciary, which consists of the Supreme Court, the Court of Appeals, State high courts and a number of lower county and customary courts. Decisions by customary courts may be appealed to statutory courts, thus leading to the situation where different legal systems are applied to single cases.

Despite equality before the law also enshrined in the constitution, the judiciary is highly influenced by government officials, in particular the executive. The President appoints all justices on the county courts and above, thus judges are reliant on maintaining the President’s favour in order to stay in office. The military and security services are also known to influence court decisions; a number of officials and military officers have not been prosecuted for corruption and human right abuses. Impunity is widespread. 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.

There is neither a legal framework which allows the enforcement of judgements on commercial disputes in South Sudan, nor an arbitration act which allows disputes to be handled fairly. South Sudan is a signatory to the International Centre for the Settle of Investment Disputes but not to the 1958 New York Convention. As such, commercial disputes are often settled informally and out of court.

South Sudanese contract law is defined in the 2008 Contract Act, which defines contracts, agreements, provisions and compensation, amongst others, whilst also recognising conditions which would void contracts, such as duress and mistake. The 2012 Companies Act regulates commercial entities and sets forth the law for the incorporation of firms, management of shares, and the administration of companies.

The 2017 Labour Bill regulates the relationship between workers and employers in the private sector whilst the penal code lays down the basis of criminal acts, committed inside and outside South Sudan, and their sentences. South Sudan is a signatory to a number of international treaties including the Geneva Conventions & Protocols I-III, United Nations Convention Against Corruption and the Ottawa Treaty. South Sudan is also a member of a number of international organisations including the African Union, International Fund for Agricultural Development, East African Community customs union and International Monetary Fund.