Upholding the principle of judicial independence in the republic of South Sudan: challenges and prospects

The research, mainly carried out in Juba, the capital city of South Sudan where the Judiciary is located focuses on whether the Republic of South Sudan upholds the principle of the independence of the Judiciary. Library and electronic research as well as interviews and observation were the methodologies used. The main findings include loopholes in the legal, institutional and individual independence of the Judiciary as an organ of State. Legally, South Sudan, having inherited mainly the Sharia legal system and its subsequent adoption of the English Common Law system, faces challenges of implementation of the principle of judicial independence basically because of the limited knowledge in this field of independence of the judiciary. Institutionally, the Judiciary is not fully equipped to practice the English Common Law system to which the independence of the Judiciary is basic, but with which most of the Judges and Justices are not well conversant. As such, court documents and proceedings are rendered and kept in the Arabic language and system of law. Individually, Judges and Justices who are, generally, willing to administer justice, encounter interference by the Executive, specifically such interference ranges from threats to their person, unwarranted removal from office without due process. The research concludes that the major challenge to the independence of the Judiciary is the outright interference by the Executive and the Legislature and the virtual lack of knowledge regarding the importance and applicability of the principle of judicial independence. It recommends legal and institutional reforms as soon as possible.