Symbo of justice [photo: courtesy]

A human rights lawyer has warned that the continued use of unstandardised blood compensation practices is undermining the principle of equality before the law in South Sudan.

Santo Daniel Deng said the use of Diya, a form of customary justice among several communities in the country, has contributed to uneven court rulings across the country.

Deng said Diya, which is practiced among the Shilluk, the Dinka, Pojulu and other groups, often leads to differences in judicial decisions based on tribal or geographical affiliation, rather than a unified legal principle.

In a legal commentary, he said the absence of a unified law clearly defining compensation values and standards for assessment after the waiver of retribution has left courts and judges relying on customary practices where no specific legal provision exists.

He explained that while customary law may serve as a temporary reference, South Sudan’s diverse social structure, with more than 63 tribes, has resulted in varying compensation practices from one community to another.

He warned that continued inconsistencies in rulings could weaken public confidence in the justice system and create perceptions of unequal treatment before the law.

He called on judicial and legislative authorities to address the issue by introducing unified legal standards or issuing judicial circulars to regulate compensation assessment in a fair and balanced manner, while respecting social diversity and maintaining the authority of the judiciary.

Deng stressed that justice should not be measured by form or language alone, but by the ability of the legal system to provide stable, clear and equitable solutions that uphold equality before the law and strengthen the rule of law and state institutions.