Articles and Provisions on Legal Issues

24/09/2024

Constitutional stabbing in the legislation of extending the interim government in South Sudan ____________________________

A group of five constitutional lawyers in Juba on “Monday” filed a petition to the South Sudan High Court to appeal the extension of the transitional period of the 2018 Active Peace Treaty.

On September 14, the interim government, postponed the general elections scheduled for December 2024 to December 2026, citing lack of readiness, a move approved by the peace enforcement observers, and the Reformed Joint Monitoring and Evaluation Commission (R-JMEC) last Wednesday, approved by Parliament on Friday. The transitional period has also been extended by 24 months.

The lawyers who filed the petition before the court in Juba are Barrister Dinq John Dinq, Kor Lawal Kor, Warnyanq Kiir Warnyanq, Ador Abraham Kot, Santo Daniel Dinq

Speaking to journalists shortly after submitting the petition to Chief Justice Shan Rej Madut, at the Guba Judiciary Headquarters, lawyer Denq John Denq said they are stabbing the law to extend the transitional period, and want the court to consider it null and void.

He said “We have submitted an application to the Constitutional Court of the Republic of South Sudan, and we are legally and constitutional extension of the transitional period for 24 months, and as lawyers, we believe that this extension is unconstitutional and illegal, and we demand that our government hold elections in the time frame, we have submitted the constitutional application to the office of the Chief Justice, and we will follow up with our petition one day "Wednesday this week, from there we will provide more details."

He added "We want the court to declare that the extension of the transitional period is unconstitutional, null and invalid, and we also want the court to order the government to hold elections in the time frame".

21/09/2024

Topic. Supremacy of the Constitution and Application of Customary law in south sudan.

Supremacy of the Constitution.
1- The supremacy of South Sudan Constitution is defined in Part One Article (3) sub.(1), and it reads, this Constitution derives its authority from the will of the people and shall be the supreme law of the land. It shall have a binding force on all persons, institutions , organs and agencies of the government throughout the country. And sub article (2) proceed to add that, the state's Constitution and all laws shall conform to this Constitution.

Having gone through this Article one could say that the logic or rationale behind is very simple that any law, Act or Statute must be in confirmity with the Constitution.

Similar example of the application of African customary law was mentioned in Judicature Act (cap 8) which recognise African customary law as a source of law, section 3(2) of the Act provides:-
" The High court and all the subordinate courts shall be quided by African Customary law in civil cases in which one or more of the parties is subject to it or affected by it, so far as it is applicable and is not repugnant to Justice and morality or inconsistent with any written law, and shall decide all such as cases According to substantial Justice without un-due regard to technicalities of procedures and without un-due delay.

Considering, people have to understand that laws do exist even before we attained our independent or society to think of Constitution, but the Constitution as a supreme law is meant to unified all society to be governed by one law and aviod the concept of conflicts of law among the society since South Sudan is made of diversities.

21/09/2024

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25/08/2024

Dear members
TOPIC: COMPARISON OF LABOUR ACT SUDAN 1997 AND SOUTH SUDAN LABOUR ACT OF 2017.

Let's take a look into the labour Acts both of Sudan 1997 and of South Sudan 2017 and make some comparison taking consideration some relevant section touching issues to do mostly with the rights of the employee.

Please share with us where you think it is necessary and sections that needs amendment or addition of important note, as I believe we all have our different ideas.

Thank you.

22/05/2022

Concepts Of Strict Liability

The theory of strict liability can be characterised as acts or omissions that are judged accountable without the presence of mens rea (mental intent). It is a liability standard that may be applied in either a criminal or civil situation. Strict liability is a regulation that renders a person legally liable for the damage and loss caused by his or her actions and omissions, regardless of culpability, including criminal law blame.

The imposition of duty on a party without a finding of fault is known as strict liability in tort law (such as negligence or tortious intent). The claimant merely needs to show that the tort happened and that the defendant was to blame. A person is guilty and convicted in criminal law based on both actus reus (the banned conduct) and mens rea (reasonableness) (the intention to commit the prohibited act).

The criminal offence is built on the foundation of mens rea and actus reus. In circumstances of strict liability, however, the mens rea (intention) is immaterial in both cases. Even if the individual has no intention, he is guilty based on the act alone (actus reus). In this case, the criterion to show the offence does not include intent. There is also no requirement to establish negligence.

Because defendants will be convicted even if they were really unaware of one or more facts that made their conduct or omissions illegal, the responsibility is considered to be stringent. As a result, the defendants may not be responsible in any manner, i.e. there may not even be criminal negligence, the lowest degree of mens rea. These laws are used in regulatory offences imposing social conduct where a person's punishment is modest, or if society is concerned with the avoidance of damage and desires to maximise the offence's deterrent value.
The strict liability theory was established in England in the 19th century in Rylands vs. Fletcher.

Read the above concept and the principle of the strict liability and absolute liability and compare it with the facts contained in the case or the ruling of the traditional court of rumbek in as far as the case of Ram was sentenced to the imprisonment for three years and the duty legal responsibility of the owner.

20/03/2022

11/12/2021

Many people fails to understand the difference between a CONTRACT & AN AGREEMENT.

Anyone in the custody of a good understanding; please help others to know as well.

04/04/2021

Sudan ‘apostasy’ woman files FSIA lawsuit in US courts against Khartoum.

The Sudanese woman who escaped death row in her home country for the charge of apostasy has filed a lawsuit in U.S. district court last week against the government of Sudan seeking compensatory punitive damages for her ordeal.

Meriam Yahia Ibrahim Ishag was sentenced to death by hanging in May 2014 after being convicted in Sudanese courts for allegedly converting from Islam to Christianity.

According to Islamic Sharia law that was in place at the time apostasy is punishable by death. She was also sentenced to 100 lashes for being in an unrecognized marital union with a non-Muslim husband.

However, Ishag argued before Sudanese judges that she was raised by her Ethiopian Orthodox mother after her Muslim dad abandoned the family and therefore was never a Muslim.

An appeal court subsequently overturned the verdict and the sentence amid an international outcry.

She managed to leave the country afterwards along with her US citizen spouse and two kids and in transit stopped in Italy where she held a meeting with the Pope.

In her complaint, Ishag said the court has jurisdiction over the case because Sudan was designated as a state sponsor of terrorism and thus can be sued under Foreign Sovereign Immunities Act (FSIA).

07/03/2021

Is it true that there's no international accepted standard definition of law ?

04/09/2020

What's your opinion

29/03/2020

Let's us deliberate on this.

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