By Yiep Joseph
Optimism is high among members of the public, including lawyers and activists, following appointment of a new Chief Justice, after years of what many describe as persistent challenges in improving South Sudan’s legal system.
On Wednesday night, President Salva Kiir Mayardit removed the country’s long-serving Chief Justice, Chan Reec Madut, who had held the position for 13 years, and appointed Justice Benjamin Baak Deng as the new Chief Justice.
Additionally, Deputy Chief Justice John Gatwech Lul was dismissed, with Laku Trankilo Nyumbe named as his successor.
Reec was appointed in August 2011, shortly after South Sudan gained independence. However, during his tenure, reports of justice delays continued to surface with no immediate remedy.
The new Chief Justice, Benjamin Baak Deng holds an LLB from the University of Khartoum and is recognized as one of the country’s experienced lawyers, on whom the public places hope for legal transformation.
Reacting to the changes, Garang Kur Deng, a practicing lawyer, expressed the public’s continued optimism for reforms within the country’s judiciary.
“We need reforms. The appointment of a new Chief Justice can be a source of hope since we expect the new Chief Justice to ensure that justice is not delayed or corrupted,” Kur stated.
He appealed to the new Chief Justice to work hand-in-hand with lawyers to resolve issues of delayed justice and bribery within the judiciary.
Among the challenges facing the judicial system in South Sudan are allegations of insufficient independence from the executive, shortages of judges, poor infrastructure, limited training for judicial staff, corruption, and political interference.
Lam Akol Ajawin, Minister of Transport and a prominent figure in South Sudan’s political landscape, believes that based on his experience and competence, the new Chief Justice can deliver and reform the justice system.
He noted that, like other South Sudanese colleagues who graduated from Khartoum University, Chief Justice Baak was among those who progressed significantly in the legal sector, making him a competent candidate for the position.
“All of them joined the Sudan Judiciary upon graduation. Baak was the only one among them who continued in the Judiciary, rising to the Court of Appeal,” Akol said in a statement.
Meanwhile, Justice James Aping urged the new Chief Justice to embark on a “war against bribery,” adding that most courts have been infiltrated by malpractice, denying justice to the public.
“We have hope that the new Chief Justice will deal with all forms of bribery that block justice for those with no money,” Aping said.
He expressed that there is always hope when a new person is appointed, and this can apply to the judiciary in the country.
Aping also called on the Executive to cease interfering with the Judiciary, emphasizing that no one is above the law.
On his part, Activist Edmund Yakani, the Executive Director for Community Empowerment for Progress Organization (CEPO), appreciated the President for appointing a new Chief Justice, stating that it will contribute to judicial reforms.
He expressed optimism about the new appointee, noting that the public has set their expectations on them.
“Our expectation is that the newly appointed leadership of the Judiciary will undertake the required judicial reforms in line with their roles,” Yakani stated.
He added, “the new appointed leaders should be non-partisan; they should not support any party in any way. Let them be neutral and stick to their constitutional roles.”
The activist urged the President to continue with political will and support the Judiciary to perform its role as stated in the constitution. He also called on the new Chief Justice to redouble efforts in ensuring that all forms of malpractices are dealt with within the judiciary.
Ter Manyang Gatwech, the Executive Director of the Center for Peace and Advocacy (CPA), called on the new Chief Justice to ensure reforms in the country.
“The judicial system in South Sudan is not trusted; many prefer customary law over the formal courts, which shows a crisis of confidence,” he said.
The 2018 peace agreement mandated judicial reforms, including the appointment of new judges and training for fresh law graduates. However, activists say progress has been slow.