In Western Equatoria, where only one judge serves multiple counties, cases are often delayed or not heard at all, with majority left to the overburdened traditional leaders

By Emmanuel Mandella

Western Equatoria State (WES) is grappling with deficits in the judicial services, leaving traditional leaders overwhelmed as they struggle to handle complex legal cases beyond their capacity.

Despite the constitutional mandate to ensure citizens’ rights are upheld, the country’s judicial system remains under-resourced, especially in rural counties like Mvolo, Mundri West and East, Nagero, Ezo, and Nzara.

The region is served by only one judge, who single-handedly presides over the county courts and the High Court of Appeal, a situation that underscores the deep challenges in delivering justice across the state.

While addressing the CSOs on Thursday October 17, Justice Kulang Jeroboam, the acting president of the Court of Appeal for the Greater Upper Nile Circuit, emphasized the need for the government to fulfill its constitutional obligations to citizens, noting that the judiciary cannot seek out cases but must be approached when rights are violated.

“The judiciary is there, and we are ready to try all cases that come before us, but in many areas, there are no courts, and traditional leaders are left to handle cases that exceed their legal expertise,” Justice Jeroboam said.

In counties like Nzara, Nagero, and Ezo, traditional leaders are often the first point of contact for disputes. However, many cases, including serious criminal matters and complex civil disputes, are beyond their jurisdiction. The lack of formal courts has forced communities to rely on customary practices, which, while culturally significant, often fail to provide the legal rigor required in serious cases.

“In places like Mundri West and East, Mvolo, and Nagero, we have no option but to rely on traditional mechanisms for justice,” said a local chief. “But there are limits to what we can do. Some cases, especially those involving serious crimes, should be handled by trained judges.”

The absence of a formal court in these counties not only puts undue pressure on traditional leaders but also leaves many victims without access to formal legal redress. Cases of land disputes, gender-based violence, and even serious crimes such as murder are sometimes handled in traditional courts, which may lack the means to enforce rulings or provide a fair trial.

Justice Jeroboam highlighted the urgent need for more judges and courts to be established across South Sudan, particularly in underserved areas. He pointed out that the judicial system, though functioning in larger towns, is almost nonexistent in remote areas.

“We have civil, criminal, and constitutional matters that are supposed to be handled at different levels of the judiciary from county courts to the Supreme Court,” he said. “But many cases are not being brought to us because the infrastructure simply is not there.”

In Western Equatoria, where only one judge serves multiple counties, cases are often delayed or not heard at all. This backlog has led to growing frustration among citizens, who feel that their rights are not being adequately protected.

“We need more than one judge in the state,” said a local activist in Nzara. “People are losing faith in the system because there is no justice. How can one judge handle both county and high court cases for an entire state?”

In response to the lack of judicial infrastructure, mobile courts supported by the United Nations Mission in South Sudan (UNMISS) have been deployed to some areas like Mundri, Maridi. While these courts provide a temporary solution, they are insufficient to meet the growing demand for justice in rural communities.

“These mobile courts are helpful, but they are not enough,” said a legal aid worker in Ezo County. “We need permanent courts with trained judges who can address the complex legal issues facing our people.”

Justice Jeroboam echoed this sentiment, stressing the need for a more permanent and sustainable solution. “We appreciate the help from UNMISS, but the government must take responsibility and ensure that courts are established in every county, as mandated by the constitution.”

Justice Jeroboam echoed this sentiment, stressing the need for a more permanent and sustainable solution. “We appreciate the help from UNMISS, but the government must take responsibility and ensure that courts are established in every county, as mandated by the constitution.”

Justice Jeroboam also raised concerns about the judiciary’s capacity to handle constitutional matters. He cited the example of a constitutional appeal that has not been brought before the Supreme Court, highlighting a broader issue of cases not reaching the judiciary due to logistical and systemic failures.

“As a judiciary, we are ready to deal with cases involving constitutional rights, criminal matters, and civil disputes,” he said. “But if these cases are not brought to us, there is little we can do.”

The situation in Western Equatoria State underscores the urgent need for judicial reform across South Sudan. Without adequate resources, the judiciary cannot fulfill its role as the guardian of citizens’ rights. Justice Jeroboam’s message to the government is clear: it is time to prioritize the establishment of courts in every county and to ensure that citizens have access to justice, no matter where they live.

“The judiciary is not asking for cases, but the cases must come to us,” he concluded. “We are here to uphold the law and protect the constitutional rights of all South Sudanese, but we need the support and infrastructure to do so.”

As Western Equatoria and other regions continue to struggle with a broken judicial system, the people of South Sudan are left waiting for justice— especially the underserved rural areas.