Many South Sudanese citizens have expressed concern over the lack of access to justice in the country due to the deterioration of the work environment of the judiciary which is one of the main pillars of governance in South Sudan.
Juba resident Khamis Laku says that a court in Juba sentenced him and his family members in absentia without notification or providing them with a copy of the court's decision, describing this as unfair.
Laku added that the presiding judge passed a verdict in favor of their opponent who had a lawyer yet his family did not have the money to procure legal representation to defend themselves in the courtroom.
“This is unfair because when the opponent's lawyer would rise to speak, the judge gave him the opportunity, but when our turn came he did not allow us to defend our rights. He would just say ‘shut up! You have been summoned to the court several times and you did not attend, so shut up!’” A crestfallen Laku said. “All this was not true and the judge only wanted to implement his decisions without us objecting and or defending my rights.”
Laku said that this matter has negatively affected him and his family and that although he is the youngest son, he is still struggling to preserve the family's rights. As for his other brothers, they surrendered to the reality that was imposed on them and they do not have enough money to hire a lawyer to defend their rights. They however insist that although they can defend themselves without a lawyer, the judiciary did not give them the opportunity.
"Judicial officials should review these procedures,” Laku implores. “We have a right and we should not be marginalized but rather, we should be allowed to defend this right.”
He said the decision of the court made him believe that there is something wrong with the country's justice system which does not give the right for one to defend oneself.
South Sudanese lawyer and legal advisor, Lual Nyok Deng, says all constitutions in the world give the citizen the right to access justice, including the constitution of South Sudan.
Deng explained that there are certain legal ways that the citizen must follow to obtain justice. The citizen must open a legal complaint against the other party in a court of law to access justice, whether it is a criminal, civil, or administrative appeal against the government and others. Citizens have the right to sue any party, even against the government per the provisions of the Constitution of South Sudan with its comprehensive amendments.
"The reason for the lack of justice in the country is due to the incompleteness of the staff of the law enforcement agencies, and these bodies include the security authorities such as the police, the prosecutors, and the courts,” Deng explains. “If the sentence is implemented legally and the citizen feels unjust then he must continue to appeal the case according to the laws of South Sudan until the citizen reaches the Supreme Court to obtain justice.”
He said that there are sufficient degrees of litigation for a citizen to obtain justice unless the person does not tell the truth.
Celestina Moreno, a Juba resident, says the most common incidents where people fail to get justice revolve around land grabbing cases because the perpetrators are often powerful and armed people.
“Poor people who do not have money do not find justice because of their inability to hire lawyers to defend them even when they are in the right,” Moreno lamented. “Money in South Sudan has corrupted many businesses. People have become inhumane towards others. Poor people do not find justice."
Another citizen, Sebit Kabli, says that the judicial systems in the country are inconsequential and ineffective because of tribalism and the use of force.
"There is a backlog of cases in the courts without follow-up and there is manipulation in the prisons by smuggling prisoners out to freedom by force of arms,” Babli says. “There is no follow-up by the public prosecutor for the people in custody or any attempt to bring them to justice or release them (sic)."
Judge Bogga Ajuaj says rights in South Sudan have been infringed upon as there are shortcomings among the judicial authorities in the country. He avers that judicial agencies are doing very little to implement the law and that this hinders access to justice in the country.
“Citizens must follow the legitimate ways to obtain justice, starting from opening a report to the last stage, which is the stage of implementing the judgment,” Judge Ajuaj states. "Yes, there are delays in the legal procedures and this is a result of the deteriorating economic conditions that the country is going through.”
He said the poor socioeconomic environment hampers and slows down the work of judges in dispensing justice for the citizens.
“The public prosecution has known problems and the police also have certain problems related to low salaries. All of these things negatively affect me,” Judge Ajuaj says. “It cannot be denied that corruption does exist in the judiciary, the police, and the prosecution. All of this resulted from bad financial conditions.”
The Judge believes that their work has now become a matter of personal conscience where a genuine and patriotic person serves his country without being corrupt and the crooked ones embrace the vice of corruption and its attendant ills.
Judge Ajuaj blames the corrupt elements for tarnishing the image of the judiciary, police, and prosecutors and recommends that the government institute reforms to improve justice delivery in the country.
Civil society activist Benjamin Loki attributes the weakness of the judicial system to several factors including, the poor qualification of legal personnel, the collapsed economy, and poor remuneration of judicial and law enforcement officers which has resulted in the amplified practice of bribery. He says these have led to gaps and the undermining of the law.
"If we want to reform the judicial system in South Sudan, the government must improve the economic situation of its employees by increasing salaries to expunge the phenomenon of bribery,” Loki advises. “They should also appoint qualified cadres to enforce the law without hesitation or failure.”
There are many accusations made by citizens against the judicial system in South Sudan but there is no doubt that there are many challenges and the judicial system in the country needs vital and expeditious reforms so that the citizens can easily access justice.