The Judiciary

Judicial power is derived from the people and shall be exercised by the courts in accordance with the customs, values, norms and aspirations of the people and in conformity with this Constitution and the law.

Judicial power shall be vested in an independent institution to be known as the Judiciary.

The Judiciary shall be responsible for the maintenance of professional standards and training of judicial personnel.

The Judiciary shall have power to adjudicate on disputes and render judgments in accordance with this Constitution and the law.

In adjudicating cases of both civil and criminal nature, the courts shall, subject to the law, apply, inter alia, the following principles: (a) justice shall be done to all irrespective of their social¸ political or economic status, gender, religion or beliefs; (b) justice shall not be delayed; (c) adequate compensation shall be awarded to victims of wrongs; (d) voluntary reconciliation agreements between parties shall be recognized and enforced; and (e) substantive justice shall be administered without undue regard to technicalities.

There shall be a substantial representation of women in the Judiciary having regard to competence, integrity, credibility and impartiality.

All organs and institutions, at all levels of government, shall obey and execute the judgments and orders of the courts.

The Chief Justice, as the head of the Judiciary, shall be responsible for the administration of the Judiciary.

The overall administration of the Judiciary, its composition and functions shall be prescribed by law in accordance with the provisions of this Constitution.

The Judiciary shall be structured as follows: (a) the Supreme Court; (b) Courts of Appeal; (c) High Courts; (d) County Courts; and (e) other courts or tribunals as deemed necessary to be established in accordance with the provisions of this Constitution and the law.

The Judiciary shall be independent of the executive and the legislature.

The budget of the Judiciary, after its approval by the National Judicial Service Commission and assent of the President, shall be charged on the consolidated fund and it shall have the financial independence in the management thereof.

The Judiciary shall be self-accounting and its finances shall be subject to public audit.

The Judiciary shall be subject to this Constitution and the law which the Judges shall apply impartially and without political interference, fear or favour.

The executive and legislative organs at all levels of government shall uphold, promote and respect the independence of the Judiciary. .

Justices and Judges shall be independent in their judicial work, and shall perform their functions without interference. Their independence shall be guaranteed by this Constitution and the law.

Justices and Judges shall uphold this Constitution and the rule of law and shall administer justice without fear or favour; they shall enjoy such immunities as shall be determined by law.

Justices and Judges shall not be affected by their judicial decisions.

The salaries, allowances, privileges, post-service benefits, tenure and other conditions and terms of service of judicial officers or other persons exercising judicial powers shall be regulated by law.

The Supreme Court shall be the highest court and shall consist of the Chief Justice, a Deputy Chief Justice and not less than nine other Justices.

The Chief Justice: (a) shall be the head of the Judiciary and the President of the Supreme Court, and shall be responsible for the administration and supervision of all Courts; and (b) may issue judicial circulars, warrants of establishment and directives to the Courts necessary for the proper and efficient administration of justice.

When the office of Chief Justice falls vacant, the Deputy Chief Justice shall perform the functions of the Chief Justice pending the appointment of a new Chief Justice.

The Supreme Court shall be the custodian of this Constitution and the constitutions of the states.

The Supreme Court shall exercise competences as follows: (a) interpret constitutional provisions at the instance of the President, Government of South Sudan, any state government, or any of the two Houses of the National Legislature; (b) be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law; (c) have original jurisdiction to decide on disputes that arise under this Constitution and the constitutions of states at the instance of individuals, juridical entities or governments; (d) adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws that are inconsistent with this Constitution or the constitutions of the states to the extent of the inconsistency; (e) be a court of review and cassation in respect of any criminal, civil and administrative matters arising out of or under the laws; (f) have criminal jurisdiction over the President in accordance with Article 103 (2) herein; (g) have criminal jurisdiction over the Vice President, the Speakers of the National Legislative Assembly and the Council of States and the Justices of the Supreme Court; (h) review death sentences imposed by courts in respect of offences committed under the law; (i) receive appeals against decisions and judgments of the courts of appeal; (j) have original and final jurisdiction to resolve disputes between the states and between the National Government and a state in respect of areas of exclusive, concurrent or residual competences; (k) uphold and protect human rights and fundamental freedoms; and (l) have such other competences as prescribed by this Constitution and the law. (2) The Supreme Court shall sit in panels of three justices each on all matters; except that when sitting as a Constitutional panel it shall consist of not less than nine members of the Supreme Court and chaired by the Chief Justice.

Decisions of the Supreme Court shall be taken by majority of Justices in each panel.

The decisions of the Supreme Court shall be final and binding.

The Supreme Court shall regulate its functions and procedures in accordance with the law.

The Deputy Chief Justice shall: (a) deputize for the Chief Justice and act in his or her absence; (b) perform any other functions and duties as may be assigned to him or her by the Chief Justice.

The establishment, composition, competencies and procedures of the Courts of Appeal shall be determined by law.

Decisions of the Courts of Appeal shall be appealed against before the Supreme Court.

The establishment, composition, competence, jurisdiction and procedures of High Courts shall be determined by law.

Decisions of the High Courts shall be appealed against before the Courts of Appeal.

The establishment, composition, competences and procedures of County and other courts at lower levels shall be determined by law.

Decisions of the County courts shall be appealed against before the High Courts.

There shall be established an independent Commission to be known as the National Judicial Service Commission.

The structure, composition, functions, and terms and conditions of service of the members and employees of the Commission shall be determined by law.

The President of the Republic shall appoint the Chief Justice having regard to competence, integrity, credibility and impartiality in accordance with this Constitution and the law.

The President shall, upon the recommendation of the Judicial Service Commission, appoint the Deputy Chief Justice and Justices of the Supreme Court, Justices of the Courts of Appeal and the Judges of the High Courts and County Courts having regard to competence, integrity, credibility and impartiality in accordance with this Constitution and the law.

The appointment of the Chief Justice, Deputy Chief Justice and Justices of the Supreme Court shall be subject to approval by a two-third majority of all members of the National Legislative Assembly.

The National Legislative Assembly shall enact a law to provide for appointments, terms and conditions of service of Justices and Judges.

All Justices and Judges shall, before assuming their duties, take the oath of office as shall be prescribed by law.

Discipline of Justices and Judges shall be exercised by the Chief Justice with the approval of the Judicial Service Commission.

Justices and Judges may be removed by an order of the President for gross misconduct, incompetence and incapacity and upon the recommendation of the National Judicial Service Commission.