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Relevant bibliographies by topics / Customary law – South Sudan

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Academic literature on the topic 'Customary law – South Sudan'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Customary law – South Sudan"

1

Hessbruegge, Jan Arno. "Customary Law and Authority in a State under Construction: The Case of South Sudan." African Journal of Legal Studies 5, no. 3 (2012): 295–311. http://dx.doi.org/10.1163/17087384-12342014.

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Abstract Customary law in South Sudan is a powerful symbol of emancipation from two centuries of external domination, and paradoxically, also the product of such external domination. Most citizens of the world’s newest state rely more on customary laws and local authorities to regulate their conflicts than on other civilian state institutions and statutory law. At the current juncture, influential decision-makers in and outside the government are pushing to develop Sudan’s customary laws into a Common Law for South Sudan. However, the legacy of the armed conflict, including patterns of militarization, and the ongoing modernization of society, pose challenges for customary systems. Furthermore, customary systems exhibit certain human rights deficits and, therefore, need to be made compatible with the constitutional framework of South Sudan. The recognition of customary authority and law as an essential part of the governance structure, coupled with targeted engagement and reform, are indispensable elements of state and peace building in South Sudan. The government and its external partners must walk a tightrope to integrate the local capacity offered by the customary system into their wider efforts without inadvertently stifling its potential to reform from within or undermining democratically elected institutions.

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Leonardi, Cherry, Deborah Isser, Leben Moro, and Martina Santschi. "The Politics of Customary Law Ascertainment in South Sudan." Journal of Legal Pluralism and Unofficial Law 43, no. 63 (January 2011): 111–42. http://dx.doi.org/10.1080/07329113.2011.10756659.

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Deng, Justice Benjamin Baak. "Traditional Justice Methods and Their Possible Impact on Transitional Justice Models in South Sudan." Max Planck Yearbook of United Nations Law Online 21, no. 1 (October 10, 2018): 331–52. http://dx.doi.org/10.1163/13894633_021001011.

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This paper discusses the legal framework of the traditional justice methods in several African countries, with a focus on South Sudan; the objective of customary law, the role of traditional courts or the forum of elders, and the methods of settlement of disputes. These methods of settlement of disputes are by-products of the practices, customs and traditions of the people that were devised as ways of maintaining peace and tranquillity, and thereby uphold the rule of law.

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Hove, Mediel, and Enock Ndawana. "Women’s Rights in Jeopardy: The Case of War-Torn South Sudan." SAGE Open 7, no. 4 (October 2017): 215824401773735. http://dx.doi.org/10.1177/2158244017737355.

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This study asserts that women’s rights are far from being recognized in South Sudan despite its efforts to include the rights of women in the Transitional Constitution after its attainment of independence from Sudan in 2011. While the article acknowledges the traditional modernization theory and cultural sovereignty theory, it engages international human rights standards as its conceptual framework. Using documentary research methodology involving analysis of primary and secondary sources, the manuscript established that a plural justice system involving incompatible customary and civil law failed to defend women’s rights in the country. This was worsened by the country’s descent into a civil war a few years after independence. Again, the fact that South Sudan has effectively been without a functioning permanent constitution and is one of the main challenges facing the country did not help the situation either. However, South Sudan still has opportunities to advance the promotion of women’s rights if, among other things, the ongoing civil war ends and the guidelines of its Transitional Constitution are to be effectively enshrined in a new constitution of the country with a view of implementing them.

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Rautenbach, Christa. "Oral Law in Litigation in South Africa: An Evidential Nightmare?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 30, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3268.

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In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with customary law issues. Understandably, customary law was treated in the same way as a common-law custom, which also originates in a community's acceptance of certain standards of behaviour. This meant that anyone averring a rule of customary law had to prove it, except where the rule was contained in a statute or precedent. The courts were not keen to engage in law-making and where the ascertainment of customary law proved to be difficult, they would merely apply the common law. In 1998, the Law of Evidence Amendment Act 45 of 1988, which allows the judiciary to take judicial notice of readily accessible customary law, made fundamental changes to this situation. The Act is still in operation, although it must now be interpreted in the light of the Constitution of the Republic of South Africa, 1996 (the Constitution). No direction on how this must be done can be found in the wording of the constitutional provisions dealing with the customary law. Besides instructing the courts to apply customary law when "applicable, subject to the Constitution and any legislation that specifically deals with customary law", the Constitution is silent on the way forward. Given the fact that most of the judiciary does not have any knowledge of the content of living customary law and the fact that there are fundamental differences between the evidentiary rules applied in the common and customary laws of South Africa, a few problems are bound to surface when litigating issues involving the customary law. They include: the status of customary law in the South African legal system; the applicability of customary law; and especially the determination of living customary law. The aim of this analysis is to determine if the existing evidentiary rules are appropriate to deal with these challenges in litigating matters involving customary law in the ordinary courts.

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Paterson, D. E. "South pacific customary law and common law: Their interrelationship." Commonwealth Law Bulletin 21, no. 2 (April 1995): 660–71. http://dx.doi.org/10.1080/03050718.1995.9986418.

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Mennen, Tiernan. "Lessons from Yambio: Legal Pluralism and Customary Justice Reform in Southern Sudan." Hague Journal on the Rule of Law 2, no. 02 (September 2010): 218–52. http://dx.doi.org/10.1017/s1876404510200052.

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Bronstein, Victoria. "Reconceptualizing the Customary Law Debate in South Africa." South African Journal on Human Rights 14, no. 3 (January 1998): 388–410. http://dx.doi.org/10.1080/02587203.1998.11834984.

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Diehl, Katharina, and Judith van der Horst. "The New Electoral Law in South Sudan." Verfassung in Recht und Übersee 46, no. 2 (2013): 215–33. http://dx.doi.org/10.5771/0506-7286-2013-2-215.

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Farran, Sue. "South Pacific Land Law: Some Regional Challenges, Cases and Developments." Victoria University of Wellington Law Review 32, no. 4 (December 3, 2001): 953. http://dx.doi.org/10.26686/vuwlr.v32i4.5864.

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Land in the South Pacific is largely regulated by introduced English Common Law. However, the vast bulk of the land in the region is held under different forms of customary land tenure, and the perceptions of land and its use are distinctly regional. In this article, the author considers how the Common Law has been adapted in the region to accommodate and reflect customary law and practice. Selected cases from the region are used to highlight the difficulties that the courts face in blending Common Law principles with customary practice and accommodating changing uses of land that challenge traditional solutions.

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Dissertations / Theses on the topic "Customary law – South Sudan"

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McLachlan, Campbell Alan. "State recognition of customary law in the South Pacific." Thesis, University College London (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285211.

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Mwambene, Lea. "Divorce in matrilineal customary law marriage in Malawi: a comparative analysis with the patrilineal customary law marriage in South Africa." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law.

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Teny, Jamual Peter Malual. "Comparing child justice legislation in South Africa and South Sudan." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1020941.

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The legal framework and legislation governing the rights of the children have become of great concern in modern societies, particularly, in the area of criminal justice and human rights. The Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child are basic international and regional conventions regulating the rights of the children and include how to deal with children in conflict with the law. States parties to these conventions are required to take appropriate measures, which includes enactment of legislation to give effect to these rights. Legislative instruments must address the following issues: The principle of the best interest of the child; the age of criminal responsibility; restorative justice; diversion; and the trials of children in conflict with the law. The above-mentioned instrument require and emphasise the use of an alternative approach in respect of the children who are in conflict with law. In this research a comparative approach is used to compare the South African and South Sudanese child justice legislative instruments. The legislative instruments pertaining to child justice in both countries are set out and compared. It is concluded that the South African legislative instruments are more aligned to the Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child. Recommendations and proposals are made to enact to adopt in South Sudan new legislative measures and provisions aim to afford more protection to children in conflict with the law and to strike a better balance between rights of a child and victim of crimes.

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Weeks, Sindiso Mnisi. "The interface between living customary law(s) of succession and South African state law." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669981.

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Mqeke, Bangilizwe Richman. "Traditional and modern law of procedure and evidence in the chief's courts of the Ciskei." Thesis, Rhodes University, 1986. http://hdl.handle.net/10962/d1003202.

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In this thesis it is intended to show, among other things, the evolution of the Ciskeian traditional African Court practice and procedure from the time of the advent of white rule up to the present day. In chapter two we show the manner in which the various Cape Governors tried to suppress the traditional court system and law by superimposing western type law and norms (repugnancy clause) on the unwilling African population. The case law discussed in chapter 3 clearly shows the problems that arose and which to a large extent, still arise in the application of the Chiefs' Civil Courts Rules. Non-compliance with these rules reveals the need both for the training of the personnel of these courts and reform of the rules governing the Chief's courts. The areas that need urgent attention have been identified and the necessary recommendations have been made.

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Osman, Fatima. "The administration of customary law estates post the enactment of the reform of customary law of succession act: a case study from rural Eastern Cape, South Africa." Doctoral thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/30791.

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After years of deliberation and judicial activism, the South African legislature in September 2010 brought into force the Reform of Customary law of Succession and Regulation of Related Matters Act 11 of 2009 (the Reform Act). The Act regulates the devolution of property of individuals who live according to customary law and die intestate. The notorious customary law principle of male primogeniture, according to which males inherited to the exclusion of females, has been abolished and replaced with the common law system of intestate succession. It has been nine years since the enactment of the Reform Act. This thesis investigates the implementation of the Act to understand its application by officials and people’s experiences thereof. It is a qualitative study that draws upon doctrinal and empirical research to address its objectives. The theoretical concepts of deep legal pluralism and the semi-autonomous social field are employed as the analytical prism through which the administration of customary law estates is investigated. The findings are based on a comprehensive case study conducted in a rural village in the Eastern Cape of South Africa. Individuals, the traditional leader, the headman and state officials were interviewed to understand how estates are reported and the devolution of benefits. The interviews were augmented by an analysis of a sample of case files drawn from the Master’s Office responsible for the administration of estates. The findings revealed the resilience of living customary law in the administration of estates, particularly in respect of homes situated in rural areas. In this regard, living customary law has evolved to allow women and daughters greater rights to property but it still displays patriarchal overtones as males are considered the true owners of homes. The Reform Act regulates more effectively the devolution of assets found in the formal sector, such as financial assets. The case study found most estates were valued at less than R250 000, with the result that deceased’s surviving spouse and children were the primary beneficiaries of the estate. However, a statutory right of inheritance is no guarantee that beneficiaries enjoy their rights as there is a significant risk of property grabbing. While much has been done to reform the customary law of succession, there is room for improvement in securing the rights of dependents of the deceased, facilitating the reporting of estates and ensuring the implementation of mediated solutions in communities. The thesis thus offers practical recommendations to improve the system of administration. First, the thesis recommends a move towards a functional, fact-based approach to inheritance which extends inheritance rights to individuals supported by the deceased while alive, regardless of whether they constitute a spouse or a descendant as statutorily defined. This addresses the lack of protection for unmarried partners and the broader notions of family found in customary law. Second, it advocates for the greater leveraging of traditional institutions such as chiefs and families in the reporting of estates and resolution of disputes. Third, the dissemination of information through state and non-state institutions is promoted. Fourth, it advocates for the explicit condemnation of corrupt state practices which exploit vulnerable individuals. Finally, the thesis recommends further research into practices such as the existence of family property and administration of estates in urban areas. Understanding the nuanced manner in which administration is experienced is argued to be necessary for successful reform.

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Minja, Tumaini. "Dealing with a buried past : the relevance of customary reconciliation to bottom-up transitional justice in South Sudan." Thesis, University of York, 2013. http://etheses.whiterose.ac.uk/4853/.

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In the last two decades of the war between the north and South Sudan, which ended with the signing of the Comprehensive Peace Agreement (CPA) in 2005, ethnic identities were manipulated leading to a second tier of wars involving southerners - ‘the south-south wars’. When the wars escalated, they added significantly to the cumulative death toll, with both victims and perpetrators being southerners. Despite the commission of widespread, grave crimes in the wars, justice was excluded in the CPA process through amnesty, with a view to facilitating the transition. This study explores the relevance of customary reconciliation in South Sudan for promoting Transitional Justice (‘TJ’) in the country. The study is premised on the need to achieve a balance between the imperative of TJ for the ‘south-south wars’ and the need for peace in the country. It argues that post-CPA conflicts are, to great extent, by-products of the legacies of the wars and as such, the same communities are the most affected. Based on the conceptual understandings of bottom-up TJ, the study utilizes ethnographical tools to explore the customary reconciliation practices of the Dinka, Nuer and Zande, the three largest groups in the country. The validity of the findings is enhanced by the use of triangulation and grounded theory. The primary finding is that in the absence of formal official interventions, customary reconciliation has the potential to promote bottom-up TJ as a tool for reparation, reintegration, truth telling, healing, etc. The study argues that a combination of modern methods and customary reconciliation could be utilized to mitigate the limitations of customary reconciliation. Towards enhancing TJ intervention, the study argues for an increased focus on cultural perspectives relevant to TJ as this could, among other benefits, mitigate the competing interests of peace and justice.

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Sunde, Jacqueline. "Customary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africa." Doctoral thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13275.

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Customary systems of marine resource governance have gained increasing attention internationally in the past three decades. Notwithstanding this, and despite the Constitutional recognition of customary governance and customary law in South Africa, the post-apartheid legislative reforms in the fisheries sector have failed to recognise customary systems of marine resource governance. Drawing on a case-study of the Dwesa-Cwebe community in the Eastern Cape, South Africa, this research aimed to describe and understand the customary marine resource governance system of this community and its relationship to living customary law. It explores how this customary system of marine resource governance has interfaced with statutory and other systems of law in the past and how it continues to develop in the current context. The findings from this research highlight the distinctive nature of the customary system of marine resource governance practiced by the community of Dwesa-Cwebe and their expressions of living customary law embedded in this governance system. The nature of this system is foundationally different to that of a Western statutory governance system. This customary system of governance has interacted with the statutory system for over a century, in part distorted by this system but retaining its integrity. In the context of the Constitutional recognition of customary systems of governance and customary law, this governance system now requires understanding and recognition in a new system of marine resource governance in South Africa. This thesis explores the contribution that this system of customary governance can make towards promoting socially just smallscale fisheries in South Africa. It argues that harmonisation of the statutory and customary system of marine resource governance demands an approach to governance theory and practice that is able to imagine an alternative ‘ecology of governance’.

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Mwambene, Lea. "The impact of the Bill of Rights on African customary family laws : a study of the rights of women in Malawi with some reference to tevelopments in South Africa /." Online Access, 2008. http://etd.uwc.ac.za/usrfiles/modules/etd/docs/etd_gen8Srv25Nme4_8528_1271625878.pdf.

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Mashalaba, Siyabulela Welcome. "Discrimination against women under customary law in South Africa with reference to inheritance and succession." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/505.

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In South Africa, it is evident that women are uniformed of their essential human rights, especially their inheritance and succession rights, including protection of such rights. Human rights are international norms that protect individuals everywhere from the states’ political, legal and social abuse. Human rights are entitlements which human beings have in order to enhance their human condition. They are the fundamental entitlements or minimum standards to be met for individual so that they live with dignity. This study focused on discrimination of women under customary law in South Africa with reference to inheritance and succession. The study validated the findings of other researchers on the impact of cultural practices on women’s rights to inheritance and succession. In addition the findings revealed that efforts t eliminate traditional practices, should foremost come from men and from communities that hold such destructive attitudes towards women. The outcomes and recommendations of this study would assist the government and other institutions to adopt effective measures to empower women and especially educate them so that they can assert and defend their human rights

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Books on the topic "Customary law – South Sudan"

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Network, SIHA, ed. Falling through the cracks: Reflections on customary law and the imprisonment of women in South Sudan. [Kampala?]: SIHA Network, 2012.

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Bennett, T. W. Customary law in South Africa. Lansdowne: Juta, 2004.

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Africa, South. Selected South African legislation on customary law and traditional authorities. Johannesburg, RSA: Konrad-Adenauer-Stiftung, 1998.

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Marauhn, Thilo, and Hatem Elliesie. Legal transformation in Northern Africa and South Sudan. The Hague, teh Netherlands: Eleven International Publishing, 2015.

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Vitso, Adino. Customary law and women: The Chakhesang Nagas. New Delhi: Regency Publications, 2003.

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Sudan, South. Laws of South Sudan: A compendium of commercial laws. Juba?]: Ministry of Justice, 2013.

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Zorn, Jean G. Proving customary law in the common law courts of the South Pacific. London: British Institute of International and Comparative Law, 2002.

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Oomen, Barbara. Chiefs!: Law, power, and culture in contemporary South Africa. [Leiden: Universiteit Leiden, 2002.

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Klausberger, Friedrich. Ruoni Murlen, Recht ohne Gesetz: Eine rechtsethnologische Studie der Murle im Süd-Sudan. Göttingen: Edition Re, 1989.

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Bennett, T. W. Human rights and African customary law under the South African Constitution. [Cape Town]: Juta, 1995.

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Book chapters on the topic "Customary law – South Sudan"

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Edward, Jane Kani. "Conflict, customary law, gender, and women’s rights in South Sudan *." In South Sudan, 57–73. New York, NY : Routledge, 2018. | Series: African governance ; 6: Routledge, 2018. http://dx.doi.org/10.4324/9781315162638-4.

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Duany, Wal. "6. Customary law and ways of life in transition among the Nuer of south Sudan." In Managing Mobility in African Rangelands, 124–48. Rugby, Warwickshire, United Kingdom: Practical Action Publishing, 1999. http://dx.doi.org/10.3362/9781780442761.006.

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Heemann, Lisa. "Living customary law in South Africa." In Normative Spaces and Legal Dynamics in Africa, 188–201. Abingdon, Oxon ; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9781003015734-13.

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Olaf, Zenker. "Bush-level bureaucrats in South African land restitution." In The State and the Paradox of Customary Law in Africa, 41–63. Abingdon, Oxon ; New York, NY : Routledge, 2018. | Series: Cultural diversity and law: Routledge, 2018. http://dx.doi.org/10.4324/9781315552491-2.

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Mutuma, Kenneth Wyne. "Ensuring respect for IHL by Kenya and Uganda in South Sudan." In Ensuring Respect for International Humanitarian Law, 83–99. Abingdon, Oxon ; New York, NY : Routledge, 2020. |: Routledge, 2020. http://dx.doi.org/10.4324/9780429197628-6.

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Hansohm, Jasmin, and Zeray Yihdego. "The South Sudan Crisis: Legal Implications and Responses of the International Community." In Ethiopian Yearbook of International Law 2016, 223–38. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55898-1_10.

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Diehl, Katharina, Ruben Madol Arol, and Simone Malz. "South Sudan: Linking the Chiefs’ Judicial Authority and the Statutory Court System." In Non-State Justice Institutions and the Law, 55–79. London: Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1057/9781137403285_3.

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Jaichand, Vinodh. "Women’s Land Rights and Customary Law Reform in South Africa: Towards a Gendered Perspective." In Justiciability of Human Rights Law in Domestic Jurisdictions, 389–422. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-24016-9_16.

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Pendle, Naomi. "Learning from Customary Law." In The Struggle for South Sudan. I.B. Tauris, 2019. http://dx.doi.org/10.5040/9781788316361.ch-001.

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"Customary Law." In Introduction to South Pacific Law, 119–44. Routledge-Cavendish, 2007. http://dx.doi.org/10.4324/9780203927793-11.

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Conference papers on the topic "Customary law – South Sudan"

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Marta, Auradian. "Recognition and Protection Customary Law Community in Indragiri Hulu Regency of Riau Province." In Proceedings of the 1st International Conference on Environmental Governance, ICONEG 2019, 25-26 October 2019, Makassar, South Sulawesi, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.25-10-2019.2300521.

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