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The Judicial Reform Committee’s (JRC) report, a product of extensive consultations and research, contains a series of recommendations aimed at reforming South Sudan’s judiciary.

By Aguok Chok and Emmanuel Mandella

On Wednesday, various leaders and dignitaries gathered at a workshop in Juba to validate the ad hoc Judicial Reform Committee’s (JRC) report. Those present at the event, including Dr. Riek Machar, the First Vice President of South Sudan among other government officials and partners, committed to strengthening South Sudan’s judiciary.

Amb. Berhanu Kebede, representing Amb. Maj. Gen (rtd) Charles Tai Gituai, the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), emphasized on the importance of the JRC’s work in promoting justice and accountability, stating: “An effective, independent judiciary is essential for eradicating impunity and achieving lasting peace.”

The RJMEC was established under the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) to oversee the implementation of peace agreements. The establishment of the JRC in 2022 highlighted the government’s commitment to judicial reforms, reflecting a deep-rooted desire for a legal framework that respects the rule of law and human rights.

“We have closely monitored the JRC’s significant efforts from the beginning. This report embodies the aspirations of countless South Sudanese who seek a judiciary that is responsive and efficient,” Amb. Kebede said.

The report, a product of extensive consultations and research, contains a series of recommendations aimed at reforming South Sudan’s judiciary.

These include enhancing the independence of the judiciary, strengthening customary law, and establishing a constitutional court to safeguard the rule of law. “This report embodies the voices and aspirations of countless South Sudanese who seek a judiciary that is independent, efficient, and responsive to their needs,” Amb. Kebede said.

The workshop provided a platform for various stakeholders to voice their opinions and validate the report’s findings. Participants reflected on the extensive consultations the JRC undertook to gather input from the community, emphasizing that the reform process was rooted in the needs and desires of the South Sudanese people.

Despite the positive steps forward, challenges such as insufficient funding and time constraints hindered the JRC’s progress. However, the representative celebrated the report’s validation as a significant achievement. “This is a milestone in implementing the Revitalized Peace Agreement,” they remarked. “It is now essential for the RTGoNU to adopt this report and expedite the reforms.”

Dr. Riek Machar, in his remarks, underscoring the importance of the judiciary in the peace process. “A strong judiciary is fundamental to our nation’s future. We must work together to ensure that justice is accessible to all,” he said.

The role of international partners, including the IGAD and UNDP, was also highlighted, with Amb. Kebede praising their support in helping the JRC fulfill its mandate. “We are grateful for the collaboration that has enabled us to reach this point,” the representative said, and added:

“Timely implementation of these reforms will make the conduct of elections safer and more possible in the future.”

Hon. Dr. Martin Elia Lomuro, Minister for Cabinet Affairs, called for the swift adoption of the report to ensure that South Sudan’s judiciary fulfills its role effectively.

Amb. Kebede congratulated the JRC, particularly Justice James Ogoola and Lady Justice Joyce Alouch, for their dedication and contribution to South Sudan. “Your work lays the foundation for a just and peaceful nation.”

A journey of judicial reforms

On July 28, 2022, the government of South Sudan inaugurated the Ad Hoc Judicial Reform Committee (JRC) tasked with reviewing relevant laws, advising on judicial reforms and the restructuring of the Judiciary to enhance its effectiveness. Lord Justice James Ogoola and Lady Justice Joyce Aluoch – two eminent jurists from the region with vast experience that is critical to the implementation of judicial reforms – led the twelve-member Committee.

The JRC was inaugurated at a time when the country was racing towards the end of the transitional period of the Revitalized Transitional Government of National Unity (RTGoNU), whose tenure had been extended by two years.

Each year, according to a past report by the Justice Needs and Satisfaction survey, 1.75 million people in South Sudan face one or more legal problems, sixty percent of which relate to land disputes, domestic violence and crime. Inability to solve the problems in a timely manner, UNDP says, contributes to cycles of violence, aggravated crime and insecurity in the country.

“An independent judiciary and functional judicial process that upholds the supremacy of the rule of law is key to restoring stability in South Sudan,” UNDP stated.

“Timely implementation of these reforms will make the conduct of elections safer and more possible in the future.” Amb. Berhanu Kebede, representing RJMEC interim chair at the workshop.

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