Photo Credit|Deng Angok

Delays in the passage of the Anti-Gender-Based Violence (GBV) Bill and the Family Law Bill are linked to contradictions with the Penal Code, the Undersecretary of the Ministry Justice and Constitutional Affairs has said, calling for  amendment of key provisions to allow the bills to move forward.

Mary James Ajith said sections of the draft Family Law Bill conflict with the Penal Code, particularly Section 247 on rape, which she said must be amended to enable progress.

She was speaking during a stakeholder engagement meeting on the finalization and passage of the Anti-GBV Bill and the Family Law Bill for domestication of key gender equity frameworks under the theme “Advancing Women’s Rights and Justice in South Sudan.” The event was organized by Amalna South Sudan.

Ajith said the contradictions between the Penal Code and the proposed legislation have slowed reform efforts, adding that the legal framework needs to be aligned in order to strengthen protection for victims of gender-based violence.

She said the Penal Code, as the principal law, was drafted without fully addressing gender-based violence issues, creating gaps that the new bills are meant to address.

On the Anti-GBV Bill, she said repeated consultations since 2022 have slowed progress, with the process stretching close to four years due to continuous debates and workshops.

“This anti-gender-based violence went a step further than that. We started in 2022, dragging on up to 2026, almost four years,” she said. “My advice is that please don’t open it up… it will return again.”

She called for stakeholders to focus on updating the status of the bill rather than reopening discussions, saying it risks further delays. She added that passing the legislation, even with gaps, is preferable to continued stagnation.

On the Family Law Bill, she said it remains under review and has not yet been formally submitted to the Ministry of Justice and Constitutional Affairs. She said it is still open for discussion and stakeholder input.

“This Family Law Bill is still under the Ministry of Gender. Officially, it has not been submitted to the Ministry of Justice and Constitutional Affairs,” she said. “This is the only bill we can discuss so we can have an opinion and improve it before it goes to the minister.”

Ajith said the bill has remained under review since 2022 because of contradictions with the Penal Code, particularly on sensitive legal provisions, which continue to slow its progress.

She called on stakeholders to channel their contributions toward improving the draft before it is presented for final approval, saying such input would strengthen the final version.

She said there is hope the Anti-GBV Bill will soon be enacted into law, calling for focus on completing the process rather than reopening debates.