18 May 2013 - Judges in Unity State raised concerns today that customary (traditional) courts were hearing criminal cases that should fall to the state (formal) legal system, according to UN Radio Miraya.

High Court Judge William Kaya Pacifico said the terms of the Local Government Act were not being implemented. The Act, passed in 2009 limits traditional courts to trying customary cases only.

A senior customary court member, Chief Tungwar Kwe-guong, said traditional courts trying criminal cases were ignorant of the law.

The remarks came during a one-day UNMISS-hosted workshop in the capital Bentiu on traditional and formal justice systems, which focused on challenges facing the state's legal system.

'Independence of the judiciary is the most important principle in the law," Judge Kaya said. "Customary courts are appointed by executive power - the state government- and this raises questions about their independence."

Bentiu (traditional) Town Court head Chief Juoi Machar said customary courts' independence should be regulated by agreements between formal judiciary organs and executives. It was up to commissioners and High Court judges in the state to implement the Local Government Act.

Emphasizing that some progress had been, UNMISS Judicial Affairs Officer Robert Mugisha said police, traditional authorities and prison personnel had begun to understand rule of law and how it should be applied in their work.
But the number of judicial personnel was inadequate, he said, with only two formal judges and three public prosecutors in the entire state.

The event brought together the state High Court President and chiefs serving on customary benches as well as representatives from civil society, police, correction services, military courts and media.

Topics included laws, legal institutions, human rights and their position in customary laws, delivery of justice for children, formal and traditional courts' powers and jurisdiction as well as the media's role in promoting rule of law.

So far, UNMISS Justice Advisory Section has been the only organization involved in the capacity building of legal system actors in Unity State.