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Judiciary Reform: Sudan Comprehensive Peace Agreement

Implementations

Judiciary Reform – 2005

The 2005 CPA contained judicial reform provisions that required the establishment of the Constitutional Court, the National Supreme Court, and appellate Courts. With respect to the Constitutional Courts, its members are appointed by the president upon the approval of the National Judicial Service Commission, and subject to two-third majority approval of all members of the Council of States. Nevertheless, the CPA requires an adequate representation of southern Sudan in the Constitutional Court. In the 2005 Interim Constitution, which was enacted in July, these reforms were institutionalized.

The National Assembly approved the Constitutional Court Act on 1 October 2005. This act became law in November. According to this act, Mr. John Aungi Kasiba from SPLM and Dr. Wahabi Mohamed Mukhtar from NCP were appointed as Deputy Chief Justices. Mr. Jalal-Eddin Mohamed Osman from NCP was appointed as Chief Justice. These appointments were made on 28 November 2005. Similarly, the president and members of the Constitutional Court were sworn in on 31 December 2005.¹

Similarly, the National Judicial Service Act was adopted in October 2005. The National Judicial Service Commission was established on 7 December 2005.² With the establishment of the Constitutional Court, the Supreme Court and the representation of southern Sudan in the Constitutional Court, the judicial reforms took place in Sudan as sought by the 2005 CPA.

“The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, March 2006.
Ibid.