This study examines the role of customary courts in the delivery of justice in South Sudan. In
doing so, it analyses the legal background, the hierarchy and composition of the customary
courts. The considerations behind the constitutional recognition of the customary law courts in
the current constitutional dispensation and the jurisdiction of customary courts are limited to
customary matters and only criminal cases with a customary interface. It is noted that the
customary Judges do not only exercise judicial functions but also play executive and legislative
functions which contravene the constitutional principle of separation of powers. Reconciliation
and compensation are noted as the major principles applied in the customary law courts. The
major concern is that most practices in the customary law courts violate fundamental human
rights. / Public, Constitutional and International Law / LLM
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/19905 |
| Date | 09 1900 |
| Creators | Museke, Vicent |
| Contributors | Dlamini-Ndwandwe, N. F. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (viii, 113 leaves) |
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