The Importance of Judicial Independence to the Administration of Justice: The Case of South Sudan
Publication Summary
We live in an era where the need to ensure proper administration of justice has never been so imperative. However, the fulfilment of this desire, as an aspiration of every citizen, depends largely on the competence, independence, and integrity of judges as the custodians of the laws. This brief discusses the significance of judicial independence to the administration of justice, particularly in the context of South Sudan. While the brief acknowledges that maladministration is inherent in any system of governance world over, it highlights the particular, corrigible political practices that undermine both the independence of judges and the rule of law in South Sudan. Some of the practices highlighted include the removal of judges from office by the government without adhering to the governing laws, as well as other established processes.
In conclusion, the paper, based on these seemingly relentless practices of decreeing judges out of office, contrary to the governing law, draws an inference that judges in South Sudan are simply answerable to individual political leaders. This has serious implications for the proper administration of justice and the rule of law in the country. It is therefore incumbent upon the Transitional Government of National Unity to ensure judicial independence, because peace and order depend on the effective maintenance of a strong and independent judiciary as the third arm of the government.
Mark A. W. Deng is a McKenze Postdoctoral Research Fellow at Melbourne Law School, the University of Melbourne, Australia, where he previously served as a Co-convenor of weekly seminars at the Centre for Comparative Constitutional Studies. He obtained his PhD from the University of Queensland in 2021. His research intersects the South Sudanese public law, customary law & practices and human rights. His work has been published in reputable international journals such as the International Journal of Law, Policy and the Family (Oxford University Press) and African Human Rights Law Journal (Pretoria University Law Press). His recent major work is a book on South Sudan’s constitutional law: Emerging Constitutionalism in South Sudan: Challenges and Opportunities (Hart Publishing 2025). Dr Deng’s work has also appeared in leading news outlets, including The Conversation–Africa where it has been read by thousands of people from around the world. He has presented his work at international public law annual conferences, particularly the International Society of Public Law and The Stellenbosch Annual Seminar on Constitutionalism in Africa. He has also given media interviews to the Australian Broadcasting Corporation (ABC) and the Sky News Australia.