Africa-Press – South-Sudan. The President of the High Court in Western Bahr el Ghazal State has called for the urgent documentation of customary law, saying the lack of written texts is a major challenge for the judiciary.
Justice Aban Atong said courts struggle to apply customary law fairly because it is not written down. He warned that without proper documentation, people will continue to suffer.
“One of the biggest problems we faced in our work in the judiciary regarding the application of customary law in the courts is the lack of written texts for the law. Therefore, without writing the law, the suffering will continue,” Judge Aban stated.
South Sudan uses both statutory and customary law. With more than 50 tribes, each following its own customs, courts often face confusion and inconsistency in rulings.
To address this, the Western Bahr el Ghazal State government, with support from the International Organization for Migration (IOM), launched the Customary Law Act 2025 on May 15. Governor Emmanuel Primo Ukello officially endorsed the law.
The new law aims to clearly define and organize customary practices, making it easier to apply them in court. Authorities now plan to focus on implementing the law and educating communities.
Similar efforts are happening in Warrap, Jonglei, and Greater Pibor, showing a wider push to improve traditional justice systems in the country.
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