Transitional Constitution of the Republic of South Sudan 2011, as amended to 2020
Property, Inheritance and Land Tenure
  • English
    …
    5. Women shall have the right to own property and share in the estates of their deceased husbands together with any surviving legal heir of the deceased. (Art. 16)
Property, Inheritance and Land Tenure
  • English
    1. Every person shall have the right to acquire or own property as regulated by law.
    … (Art. 28)
Property, Inheritance and Land Tenure
  • English
    1. The regulation of land tenure, usage and exercise of rights thereon shall be governed by this Constitution and the law.
    2. Without prejudice to sub-Article (4) below, the land tenure system in South Sudan shall consist of:
    a. public land;
    b. community land; and
    c. private land.
    …
    5. Community land shall include all lands traditionally and historically held or used by local communities or their members. They shall be defined, held, managed and protected by law.
    6. Private land shall include:
    a. registered land held by any person under leasehold tenure in accordance with the law;
    b. investment land acquired under lease from the Government or community for purposes of social and economic development in accordance with the law; and
    c. any other land designated as private land by law.
    7. Rights in land and resources owned, held or otherwise acquired by the Government shall be exercised through the appropriate or designated level of government which shall recognize customary land rights under customary land law.
    8. All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary rights and practices and local heritage.
    9. Communities and persons enjoying rights in land shall be consulted in decisions that may affect their rights in lands and resources.
    10. Communities and persons enjoying rights in land shall be entitled to prompt and equitable compensation on just terms arising from acquisition or development of land in their areas in the public interest. (Art. 171)
Property, Inheritance and Land Tenure
  • English
    The exclusive executive and legislative powers of a state shall be as follows:
    …
    16. Registration of marriage, divorce, inheritance, birth, death, adoption and affiliations;
    … (Schedule (B). Powers of States)
Property, Inheritance and Land Tenure
  • English
    The National and state governments shall have legislative and executive competences on any of the matters listed below:
    …
    27. Regulation of land tenure, usage and exercise of rights in land;
    … (Schedule (C): Concurrent Powers)
1
Constitution of the Republic of South Sudan, as amended to 2013 (English). Several amendments took place after 2013 that are yet to be incorporated into the Constitutional text.
Links to all sites last visited 31 March 2021
2
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
3
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
4
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
5
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
6
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
7
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
8
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
9
The 2018 Revitalized Peace Agreement provides for a Presidency structure that comprises of a First Vice President and four Vice Presidents.
10
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
11
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
12
Bill of Rights
13
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.