Western Bahr el Ghazal State has taken a significant step in reforming its justice system with the passage of a landmark customary law aimed at strengthening dispute resolution, improving access to justice, and promoting peace at the community level.
The state becomes the first in South Sudan to formally codify customary practices into written law marking a major milestone in the country’s evolving legal framework, where traditional systems remain central to everyday justice.
The newly enacted legislation establishes a clear structure for handling disputes through customary courts, which are estimated to resolve more than 90 per cent of cases nationwide.
By documenting practices that were previously passed down orally, the law is expected to enhance consistency, speed up decision-making, and reduce ambiguity in rulings.
Local leaders say the reform will significantly ease their workload. Emilio Ulau Bagari, chairperson of chiefs in Wau, noted that in the past, resolving cases required lengthy consultations among multiple community leaders due to the diversity of customs in the state.
“We have a diverse community here in Western Bahr el Ghazal. In the past, we had to consult several chiefs before passing judgment, which was a hectic and time-consuming process,” he said.
Previously, chiefs could spend up to four or five hours deliberating a single case. With the introduction of written guidelines, courts can now rely on standardized procedures, reducing delays and improving efficiency.
Beyond procedural reforms, the law addresses key social challenges affecting communities, including bride price inflation, land disputes, and family conflicts.
It also outlaws harmful practices such as child and forced marriage, aligning customary justice mechanisms with constitutional principles and broader human rights standards.
The bill was developed through an inclusive, state-led process supported by the International Organization for Migration (IOM), with funding from the European Union and the United Nations Peacebuilding Fund.
Chiefs, elders, legal experts, women, and youth representatives all contributed to shaping the legislation, ensuring it reflects local traditions while safeguarding fundamental rights.
Civil society groups have welcomed the development but caution that implementation remains a major challenge. Limited public awareness, they say, could hinder the law’s effectiveness if not urgently addressed.
James Amoru Maciiek, Director of Development Alliance Legacy for Mama Anguec and Awan Child Care Solidarity (DALMAAS), stressed the need for widespread dissemination of the law, particularly in rural areas.
“Dissemination is now the main issue. Those who are educated can understand the law quickly, but many communities still lack access to this information,” he said.
He warned that without proper awareness campaigns, the reform risks being underutilized. “If the law is not properly disseminated, it will not help at all. Communities must understand that a new system is now in place,” he added.
Officials involved in the process say early signs point to improved efficiency and transparency in customary courts. Sergios Pons Ukola Ponsiano, an IOM peacebuilding project assistant, noted that reliance on written law has reduced delays and increased clarity in court proceedings.
“Previously, decisions depended heavily on consultations among chiefs. Now, courts refer to written law, which has reduced delays and increased transparency,” he said.
Despite these gains, access to the law remains limited. It is currently available mainly in English and in a small number of copies, restricting its reach among rural and non-literate populations. Stakeholders are calling for translations into local languages and broader distribution to ensure inclusivity.
The reform has also contributed to improvements in judicial infrastructure, including the construction of two customary courts. These facilities provide safer and more consistent environments for hearings, enabling regular case handling regardless of weather or logistical challenges.
Experts say the codification of customary law represents a crucial step toward bridging the gap between traditional and formal justice systems in South Sudan.
However, they emphasize that sustained efforts will be required to ensure consistent application, expand public awareness, and build the capacity of local institutions.
If effectively implemented, the new customary law could play a transformative role in strengthening social cohesion, enhancing trust in governance, and laying a foundation for long-term peace in Western Bahr el Ghazal.
