New Chief Justice Dr. Benjamin Baak, alongside Deputy Chief Justice Laku Tranquilo Nyombe, at the State House on Monday, June 2, 2024, during the swearing-in ceremony of Supreme Court Justice Dr. James Alala Deng, who administered the oath of office. (Courtesy: OPP)

A leading human rights advocate has urged South Sudan’s newly appointed Chief Justice to implement urgent reforms aimed at clearing the country’s growing case backlog by appointing more judges and ensuring the Supreme Court functions at full capacity.

Deng John Deng, a lawyer, human rights defender, and Director of the African Centre for Legal and Human Rights Studies, highlighted the severe shortage of judges across the judiciary as a major bottleneck to justice.

“With a population of over 12 million people, South Sudan has only 102 judges. This is a critically low number and cannot adequately serve our citizens,” Deng stated.

Deng emphasised that, according to the Transitional Constitution of South Sudan (Amendment 2024, Article 125), the Supreme Court should comprise at least 11 members, including the Chief Justice, Deputy Chief Justice, and nine additional justices.

However, the current composition stands at only four judges, the Chief Justice, Deputy, and two members, leaving the court short by seven judges.

“This deficit means the Constitutional Chamber of the Supreme Court, which must include nine judges, is not fully constituted. It cannot, therefore, decide on any constitutional issues, appeals, or interpretations.”

Deng urged the Chief Justice to prioritise judicial promotions, moving qualified judges from lower courts up through the ranks from County Courts to High Courts, then to the Court of Appeal, and ultimately to the Supreme Court.

He also suggested appointing qualified legal professionals from outside the judiciary with at least 15 years of experience.

Under the Judicial Promotion Commission Law of 2008, promotions depend on several criteria, including years of service, case adjudication speed, professional behaviour, and case file organisation.

However, Deng pointed out that South Sudan currently lacks Judicial Assistants and Third-Grade Judges, further deepening the structural weaknesses.

Deng said the Judicial Authority Law mandates that each Court of Appeal circuit must have five judges. South Sudan, ideally, should have at least 15 judges across three circuits. Presently, the country has only seven Appeal Court judges, making it difficult to handle appeals efficiently.

“In addition to the growing case backlog, some constitutional appeals have been pending for years due to the incomplete formation of the Constitutional Chamber. The current makeup of the Supreme Court is insufficient to meet its constitutional obligations.”

He also called attention to the absence of a Constitutional Court, despite its inclusion in the 2018 Revitalized Peace Agreement and Article 122 of the amended Constitution.

Deng concluded that this court is supposed to handle constitutional matters independently, but its nonexistence has placed undue pressure on the Supreme Court.

“There is now a heavy responsibility on the new Chief Justice. We must restore public trust in the justice system and uphold the rule of law by resolving structural deficiencies and accelerating judicial appointments and promotions.”

The call by Deng John Deng adds to growing voices urging comprehensive reform of South Sudan’s judicial system to ensure access to timely justice for all.