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The National Judicial Authority
123 (1) The National judicial authority in the Republic of the Sudan shall be vested in the National Judiciary.
(2) The National Judiciary shall be independent of the Legislature and the Executive, with the necessary financial and administrative independence.
(3) The National Judiciary shall have judicial competence to adjudicate on disputes and render judgments in accordance with the law.
(4) The Chief Justice of the Republic of the Sudan, who is the head of the National Judiciary and the President of the National Supreme Court, shall be answerable to the President of the Republic for the administration of the National Judiciary.
(5) All organs and institutions of the State shall execute the judgments and orders of the courts.
The Structures of the National Judiciary
124 The National Judiciary shall be structured as follows:
(a) The National Supreme Court,
(b) National Courts of Appeal,
(c) Other national courts.
The National Supreme Court
125 (1) The National Supreme Court shall:
(a) be a court of cassation and review in respect of any criminal, civil and administrative matters arising out of, or under national laws, or personal matters,
(b) have criminal jurisdiction over the Justices of the Constitutional Court,
(c) review death sentences imposed by any court in respect to matters arising out of, or under national laws,
(d) have such other jurisdiction as determined by this Constitution and the law.
(2) The Chief Justice of the Republic of the Sudan may establish panels for the purposes of considering and deciding on matters requiring special expertise, including commercial, personal or labour matters.
National Courts of Appeal
126 The number, competences and procedures of National Courts of Appeal shall be determined by law.
Other National Courts
127 Other national courts shall be established by law as deemed necessary.
Independence of Justices and Judges
128 (1) All Justices and Judges are independent in the performance of their duties and have full judicial competence with respect to their functions; and they shall not be influenced in their judgments.
(2) Justices and Judges shall uphold the Constitution and the rule of law and shall administer justice diligently, impartially and without fear or favour.
(3) Tenure of office of Justices and Judges shall not be affected by their judgments.
The National Judicial Service Commission
129 (1) The President of the Republic, after consultation within the Presidency, shall establish a commission to be known as the National Judicial Service Commission to undertake the overall management of the National Judiciary; its composition and functions shall be prescribed by law in accordance with the provisions of the Comprehensive Peace Agreement.
(2) The Chief Justice of the Republic of the Sudan, as the head of the National Judiciary, shall chair the National Judicial Service Commission.
(3) The National Judicial Service Commission shall regulate the relations between judiciaries at the National, Southern Sudan and states level. In the case of Southern Sudan, the regulation shall be made in consultation with the President of the Supreme Court of Southern Sudan.
Appointment of Justices, Judges and their Terms and Conditions of Service
130 (1) Having regard to competence, integrity and credibility, the Chief Justice of the Republic of the Sudan, his/her deputies, Justices and Judges shall be appointed by the President of the Republic in accordance with Article 58 (2) (c) herein, where applicable, and upon the recommendation of the National Judicial Service Commission.
(2) The law shall determine the terms of service, discipline and immunities of Justices and Judges.
(3) Southern Sudan shall be adequately represented in the National Supreme Court and other national courts that are situated in the National Capital.
Discipline of Justices and Judges
131 (1) Discipline of Justices and Judges shall be exercised by the Chief Justice in accordance with the law.
(2) Justices and Judges may only be removed by an order of the President of the Republic for gross misconduct, incompetence and incapacity in accordance with the law and upon recommendation of the Chief Justice and with approval of the National Judicial Service Commission.
Appointment of Justices and Judges of Southern Sudan
132 The President of Government of Southern Sudan shall, within one week after the adoption of the Interim Constitution of Southern Sudan, appoint, without prejudice to Article 130 (1) herein, the President and Justices of Southern Sudan Supreme Court, Judges of Courts of Appeal and other courts having regard to competence, integrity, credibility and impartiality as shall be determined by that Constitution and the law. |
