The Independence of Judiciary: Can Judiciary Help Build the Rule of Law in South Sudan?
By Paul Duwar Bak, Kampala, Uganda
April 2, 2016 (SSB) — July 9, 2015 marked four important anniversaries for south Sudan, Africa youngest nation. It has been four years since colonial independence from north and two years since outbreak of Dec.15, 2013 which has cause so many live. The international community and the east Africa block IGAD has heralded the peace process between the warring parties toward the building the rule of law but the rule of law cannot be constructed by putting down the armed only without respect of law.
The rule of laws means that Government officials and judges make and apply laws fairly in the judiciary and any other public institution with a define jurisdiction to apply such a laws to the public.
In south Sudan, a state which is a size of Uganda and Rwanda combine and half of Western Europe, there, exist inadequate number of trained judges to help people resolve their dispute non-violently.
Without independent, educated judges and citizens’ confidence in government, the regime will rule against the will of the people and the rule of law is left without being put in practice, trust has to be said but trust is a rare commodity in south Sudan.
In last three years of independence, South Sudan had had seventy five (75) corrupt government officials and none of them was not prosecuted nor suspended over alleged corruption, civil war and many rebellions fueled by clique of politicians.
Where are we heading as a Country? Do we want adopt what happened in Sudan fifty (50) years back before we had our independence?, Sudan has had two civil wars, three military governments, three currencies, four constitutional governments, five constitutions, we said no…. south Sudan government must be very keen enough for these not to happen in south Sudan.
This period of civil war and arbitrary laws have eroded citizens’ trust in government and government’s ability to construct the rule of law, the law enforcement agencies must take their duties on serious notes.
What can the judiciary do to help build the rule of law in south Sudan!
First, the judiciary must step up its pressure on south Sudan government to focus more on how to build the rule of law by providing basic services to its people such as schools and independent court houses. Therefore, trust in government generally will translate into trust in legal institutions indirectly bolstering the rule of law.
Secondly, the judiciary must investigate and prosecute those allege of corruption and if they are…..
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