Mobile court staff in Mayom County. (-)

Mobile courts in South Sudan are helping address critical cases of Gender-Based violence in South Sudan where access to justice present tough challenge due to geographical barriers and a shortage of judicial infrastructure.

These courts play crucial role in resolving cases of sexual and gender-based violence (SGBV), cattle-related disputes, and other serious crimes in remote areas where courts are absent.

By bringing legal services directly to undeserved communities, mobile courts play a crucial role in strengthening the justice system in the post-civil war era.

The introduction of mobile courts in South Sudan represents an innovative approach to addressing the chronic shortage of magistrates and judicial officers.

With the saying  “justice delayed is justice denied”  in mind, mobile courts help expedite legal proceedings, ensuring that victims and defendants receive timely trials.

Instead of waiting years for a case to be heard, communities now have access to justice through these traveling courts.

The first mobile court was launched in Juba in 2021, marking a significant step in improving access to justice. More recently, a mobile court in Mayom County, Unity State, handled 33 cases in four weeks, securing 24 convictions and facilitating the release of 22 prisoners.

Similarly, mobile court hearings in Malakal addressed 129 backlog cases, including nine related to SGBV, benefiting displaced populations and their host communities.

Mobile courts have also been instrumental in addressing juvenile and gender-related cases. In December 2024, Judge Andrew Jashuw Lado revealed that a mobile court initiative, launched in collaboration with the Judicial Authority and the United Nations Development Programme (UNDP), helped process numerous cases.

However, some cases dating back to 2015 and 2016 remain unresolved due to incomplete investigations and logistical challenges.

While mobile courts offer an effective stopgap measure in the absence of permanent judicial infrastructure, they face significant challenges.

One of the main obstacles is the difficulty in reaching complainants and witnesses, particularly in rural areas where communication and transportation are limited.

Judge Andrew Jashuw Lado noted that many complainants changed their residential addresses and phone numbers, making it difficult to notify them of court sessions, which led to delays in case resolutions.

In Terekeka County, a mobile court adjudicated 126 cases involving sexual assault, murder, and grievous harm between August and October 2024.

County Court Judge Ajok Tito highlighted the difficulties in notifying parties to attend court sessions, as many were engaged in farming activities and were often unavailable.

The absence of a permanent judicial presence in Terekeka further complicated matters, but the government has since allocated land for the construction of a permanent court.

Another challenge faced by mobile courts is the reliance on traditional justice systems in areas where formal legal structures are absent.

Advocate Martha Jobe emphasized the need for clear laws on personal matters such as marriage and divorce, as the absence of formal regulations often leads to inconsistent application of justice.

She suggested that “training and equipping local customary court leaders with knowledge of legal frameworks could improve legal consistency in these areas.”

Despite these challenges, mobile courts have made significant strides in empowering communities by providing accessible legal services.

Lawyer Estella Faulino, who worked with the mobile court in Terekeka County, noted that the presence of six female lawyers encouraged more women and girls to come forward and report cases, particularly those involving sexual assault and underage marriage.

Mobile courts have also helped reduce pre-trial detention periods, preventing scenarios where defendants remain in custody for years before trial.

” As a lawyer who is part of the judicial team in Terekeka County, said that she and six conservators acted as defense and prosecution attorneys in 50 cases decided by the mobile court in Terekeka County, from August to late September of this year.

“The most common cases were sexual assault, cattle theft, murder, and underage marriage,” she said.

Advocate Aluel Makuac highlighted the importance of these courts in handling case backlogs, particularly in states where the number of judges and legal personnel is insufficient.

She also stressed the need for better coordination with law enforcement, community leaders, and legal aid groups to ensure that individuals are informed about their court dates and able to attend their hearings.

While mobile courts are an innovative and necessary stopgap, legal experts agree that South Sudan needs permanent judicial infrastructure to ensure sustainable access to justice.

Establishing courts in major cities and larger rural areas, alongside continued investment in training local judicial officers, is crucial for long-term justice reform.

Mobile courts have proven their effectiveness in delivering justice to under served communities, but they are not a permanent solution.

South Sudan’s legal system must work towards building sustainable legal institutions that guarantee justice for all, regardless of their location.