Judgment Reviews Law at South Sudan
The legal framework for judgment reviews in South Sudan is rooted in its legal system, which is a hybrid of common law and customary law. The judiciary, as outlined in the Transitional Constitution of the Republic of South Sudan, 2011, is an independent organ of government.
Key laws and principles that govern judgment reviews include:
The Transitional Constitution of the Republic of South Sudan, 2011: This is the supreme law of the country. It establishes the court structure, including the Supreme Court, which is the highest court and serves as a court of review and cassation for civil, criminal, and administrative matters. It also has the power to adjudicate on the constitutionality of laws.
The Judiciary Act: This act establishes the structure and governance of the Judiciary. It provides a more detailed framework for the roles and functions of the different courts, including the Supreme Court, Courts of Appeal, and High Courts.
The Code of Civil Procedure Act, 2007: This law governs civil litigation and outlines the procedures for filing suits, appeals, and the enforcement of judgments. It places an emphasis on equitable justice and consistency with the constitution.
The Code of Criminal Procedure Act, 2008: This act governs criminal proceedings and would detail the processes for challenging or reviewing a criminal judgment.
Court Structure and Review Process:
The South Sudanese court system is hierarchical, allowing for judgments to be reviewed by higher courts.
High Courts: These courts hear cases at the first instance and also have appellate jurisdiction over lower courts.
Courts of Appeal: These courts hear appeals from the High Courts.
Supreme Court: As the highest court, the Supreme Court reviews decisions from the Courts of Appeal. Its role as a "court of review and cassation" means it can examine judgments to ensure they are consistent with the law and legal principles.
Challenges and Context:
It is important to note that the legal system in South Sudan is still under development, and the implementation of laws can be inconsistent. Challenges include a shortage of trained lawyers and judges, and a dual system where customary courts operate alongside the statutory courts. The relationship and supervisory authority between these two systems can be unclear, and this can present challenges for a uniform review process. The ongoing work of the Judicial Reform Committee is aimed at addressing these systemic weaknesses and improving the overall justice delivery system.
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