The Role of the Judiciary In the Enforcement of The Rule of Law in South Sudan

ABSTRACT

Throughout independence, there was civil war between North and South because among others. the legal system under Islamic laws declared by President Gafar Nimeri in 1983 was also equally applicable to the non-Muslims in Sudan.  South Sudan became independence on the 9th July 20 I 1 as a result of Comprehensive Peace Agreement signed in Naivasha Kenya on the 9th January 2005. South Sudan then have to reconstruct and build the legislative vacuum which was absent for the last 50 years since there was no law making body. As a result, South Sudan Legislative Assembly in Juba passed over 40 Bills in to laws from 2005 to this day, and this is in line with 2005 Interim Constitution. Article 123 of the Transitional constitution of the Republic of South Sudan 2011. The difficult task remaining is to absorb the implementation of these legislations that require concern efforts for the orientation of the public aUitudes towards promotion and protection of'thc legal system. The researcher's concern here is the realization of Judiciary and enforcement of the rule of law for the legal framework to be manifested in the newly born nation of the Republic of South Sudan. Our focus also will be directed to those charged with the administration and enforcement of the rule of law such as police and other agencies that take it as their responsibility in ensuring that the right and equality of the people before the law is achieved. public awareness. legal training and competency ofjudicial officers. The analysis in this research embraces different fields that have crucial bearing in the enforcement of the rule of law including judicial independent. customary practice. norms. and other practices that are embraced by the people of South Sudan in resolving challenges in order to achieve justice for all.