Dr. Geri Raimondo, the former Justice of the Court of Appeal and assistance Professor at University of Juba - Courtesy

A former Judge of the Court of Appeal has criticized Wau traditional chiefs involved in the conviction of a 19-year-old survivor of forced marriage, saying they have no right to jail a person for a civil case.

Justice Geri Raimondo was reacting to the sentencing of Mary Akwac Michael to imprisonment by a traditional court in Wau of Western Bhar el Gazal State.

Akwac, a mother of seven-month-old infant is serving her four-month sentence in reformatory prison in Wau for rejecting a husband chosen for her by a relative.

But Raimondo said the case is against the law and a miscarriage of justice.

“Customary courts in South Sudan are governed by the Local Government Law and the transitional Constitution of South Sudan,” said the law professor.

Raimondo said rejecting a marriage partner is not considered a crime in any case, according to the country’s laws.

“It is not permissible for anyone to force her to marry someone she does not want. This is in accordance with Article 15 of the transitional Constitution of South Sudan.”

“Customary courts do not have the right to imprison a person in a civil case. The powers of the customary courts are provided for in the 2009 Local Government Act.”

Justice Raymundo called on the high court judges of Western Bhar el Gazal state to intervene and restore justices of this young lady.

“I request the High Court judge in Wau to intervene and save this situation Because this situation endangers the judiciary. Not accepting marriage is not considered a crime according to the laws of the country,” he said in an interview with Eye Radio.

On Friday, Akwac narrated her story inside Wau Central Prison, where she has already spent a month after rejecting a man with three wives.

The student of Bahr el Ghazal University said her aunt intend to force her to marry a man she doesn’t love, saying she has ruined her life by getting impregnated by an irresponsible person.

According to article 15 of the 2011 transitional constitution, every person of marriageable age shall have the right to marry a person of the opposite sex and to formatting a family according to their respective family laws.

It also dictates that no marriage shall be entered without the free and full consent of the man and woman intending to marry.