Links to all sites last visited 31 March 2021
Transitional Constitution of the Republic of South Sudan 2011, as amended to 2020
Religious Law
- English1. Religion and State shall be separate.
2. All religions shall be treated equally and religion or religious beliefs shall not be used for divisive purposes. (Art. 8)
Customary Law
- EnglishThe sources of legislation in South Sudan shall be:
a. this Constitution;
b. customs and traditions of the people;
c. the will of the people; and
d. any other relevant source. (Art. 5)
Customary Law
- English…
4. All levels of government shall:
...
b. enact laws to combat harmful customs and traditions which undermine the dignity and status of women;
… (Art. 16)
Customary Law
- EnglishEthnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. Members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this Constitution and the law. (Art. 33)
Customary Law
- English1. Judicial power is derived from the people and shall be exercised by the courts in accordance with the customs, values, norms and aspirations of the people and in conformity with this Constitution and the law.
… (Art. 122)
Customary Law
- English…
2. The Supreme Court shall exercise competences as follows:
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b. be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
… (Art. 126)
Customary Law
- English…
6. The objects of local government shall be to:
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i. acknowledge and incorporate the role of Traditional Authority and customary law in the local government system;
… (Art. 166)
Customary Law
- English1. The institution, status and role of Traditional Authority, according to customary law, are recognised under this Constitution.
2. Traditional Authority shall function in accordance with this Constitution, the state constitutions and the law.
3. The courts shall apply customary law subject to this Constitution and the law. (Art. 167)
Customary Law
- English1. Legislation of the states shall provide for the role of Traditional Authority as an institution at local government level on matters affecting local communities.
2. Legislation at the National and state levels shall provide for the establishment, composition, functions and duties of councils for Traditional Authority leaders. (Art. 168)
Customary Law
- English...
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.
… (Art. 171)
Customary Law
- EnglishThe exclusive executive and legislative powers of a state shall be as follows:
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30. Traditional Authority and customary law;...
42. Customary law courts. (Schedule (B), Powers of States)
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.
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.