The South Sudan Supreme Court is the highest judicial authority in the
Republic of South Sudan
South Sudan (), officially the Republic of South Sudan, is a landlocked country in East Africa. It is bordered on the north by Sudan; on the east by Ethiopia; on the south by the Democratic Republic of the Congo, Uganda and Kenya; and on the ...
. It was established following the country’s independence in 2011 and serves as the apex court in the national judiciary. The court is responsible for interpreting the Transitional Constitution of South Sudan, adjudicating constitutional disputes, and serving as the final court of appeal.
Overview
The South Sudan Supreme Court plays a critical role in upholding the rule of law and ensuring the independence of the judiciary in the newly formed nation. It functions under the guidance of the Judiciary Act and operates independently of the executive and legislative arms of government, in accordance with Article 123 of the Transitional Constitution of South Sudan, 2011. The independence of the judiciary is also reinforced by the Judiciary Act of 2008.
Structure and Jurisdiction
The Supreme Court is headed by the President of the Court and comprises several other justices appointed by the President of South Sudan upon recommendation from the Judicial Service Commission. The Court has both original and appellate jurisdiction and has authority over constitutional interpretation, review of laws for compliance with the constitution, and disputes between government organs and states.
The court also supervises the lower courts and ensures uniformity in the interpretation of laws throughout the judiciary.
History
Following the independence of South Sudan on 9 July 2011, the judiciary underwent a major restructuring to reflect the sovereignty of the new state. The Supreme Court replaced the previous highest court that functioned under the semi-autonomous government of Southern Sudan during the interim period following the
Comprehensive Peace Agreement
The Comprehensive Peace Agreement (CPA, ), also known as the Naivasha Agreement, was an accord signed on 9 January 2005, by the Sudan People's Liberation Movement (SPLM) and the Government of Sudan. The CPA was meant to end the Second Sudane ...
in 2005.
The first President of the Supreme Court after independence was
John Woul Makec. On 15 August 2011, President
Salva Kiir Mayardit
Salva Kiir Mayardit (born 13 September 1951), commonly known as Salva Kiir, is a South Sudanese politician who is the President of South Sudan since its independence on 9 July 2011. Prior to independence, he was the List of heads of state of So ...
dismissed John Woul Makec and appointed
Chan Reec Madut
Chan Reec Madut is a judge from South Sudan who is serving as Chief Justice of South Sudan. He was appointed by Salva Kiir Mayardit
Salva Kiir Mayardit (born 13 September 1951), commonly known as Salva Kiir, is a South Sudanese politician who ...
as the new President of the Supreme Court. Chan Reec Madut, a prominent legal figure and one of the drafters of the Transitional Constitution, has served in this position since then.
List of Presidents of the Supreme Court
References
{{reflist
Judiciary of South Sudan
National supreme courts