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Justice guardians: chiefs trained to be arbiters of customary law

BY A CORRESPONDENT

A training of chiefs, recognized as primary sources of the law in the new country’s constitution, is aimed to empower them to understand how customary law interfaces with statutory law.

More than 50 chiefs from Central Equatoria have gained new knowledge as they embark on their role to adjudicate cases. The training examined the role of traditional authorities in building a strong foundation for a united, peaceful and prosperous society, based on justice, equality, respect for human rights and the rule of law.

“The traditional justice system in South Sudan has played an important role in justice dispensation. It is a system that is well understood and sought after by over eighty percent of South Sudanese and at the same time perceived as very expeditious,” said Thusita Pilapitiya, head of UNDP’s Democratic Governance programme.  “The role of chiefs and customary law are recognized as the primary source of law and enshrined in the bill of rights in the Interim Constitution of Southern Sudan and now the Transitional Constitution.”

Chief Alex Taban Loaba, the Chairman of the Council of Traditional Authority Leaders for Central Equatoria said the training would empower them with new knowledge to perform their duty in conformity with the law.

Pilapitiya said the Ministry of Justice, the Local Government Board and the State Ministries of Local Government and Law Enforcement should start to implement the strategies that have been developed, to clearly highlight the interface between customary Law and statutory systems.

Pilapitiya said the Law Review Commission should review existing laws relating to issues of local governance and the role of traditional authorities in particular.”

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