By Jacob Bol Mayar Anai
The Jonglei State High Court has recorded a surge of legal filings following a three-month gap in judicial leadership, with 63 civil cases and 40 criminal prosecutions lodged in the judge’s absence.
According to court officials, the criminal cases comprising murder, rape, and manslaughter are currently under trial within the penitentiary unit. Civil cases have been documented but left pending, awaiting judicial review. Due to the prolonged absence of the presiding High Court judge, some matters were redirected to Juba for adjudication. However, judiciary administrators in Juba signalled that a judge would soon be dispatched to Jonglei.
Garang Akuei, the clerk of the Jonglei State High Court, confirmed the judicial vacuum.
“We’ve referred several cases to Juba, but received communication from the judiciary indicating that the state judge is expected to arrive within a week,” said Akuei. “The office was served with an official letter confirming this.”
Akuei further disclosed that 200 civil cases and 7 criminal trials had already completed procedural hearings and were awaiting verdicts—now delayed due to the judge’s prolonged absence. It remains unclear whether the returning judge will be a reappointment or a new official.
Bol Deng Bol, Chairperson of the Jonglei Civil Society Network, criticized the delay in appointing a new High Court president.
“The judicial gap has created serious setbacks in access to justice,” Bol stated. “The former High Court President was routinely deployed to mobile courts in other states, leaving a backlog in Jonglei unaddressed.”
He warned of potential erosion in judicial integrity due to the overextension of informal courts in the state, many of which rely on the High Court’s leadership to stay within legal boundaries.
Bol emphasized that access to justice is a fundamental human right, citing South Sudan’s Transitional Constitution and international commitments such as the Universal Declaration of Human Rights.
“Justice delayed is justice denied. The judiciary must act swiftly to restore legal equilibrium in Jonglei.”
Mayen Anyang, representative of the Bar Association in Jonglei State, emphasized that the absence of a High Court judge has effectively incapacitated one of the three arms of state government executive, legislative, and judiciary.
“With the judiciary missing, the balance of governance is disrupted. It’s leading to an overwhelming backlog of cases,” Anyang stated.
He highlighted that capital offenses including murder, rape, and embezzlement—are solely adjudicated by the High Court judge. Without a presiding authority, these sensitive matters have stalled, leaving victims and accused alike in legal limbo.
According to Anyang, procedural breakdowns have resulted in suspects being jailed without due process.
“Police continue to detain individuals in the main prison, but their cases remain unresolved. As long as their trials aren’t heard, they are merely suspecting without recourse, without appeal,” he said.
Anyang noted that following the judge’s reassignment to Juba, the Bar Association formally petitioned the Chief Justice to expedite the appointment of a replacement.
“Rumors suggest a new High Court judge may arrive in Bor next week. Our recommendation is clear: appoint swiftly and increase capacity,” he urged. “Jonglei receives more than 500 cases, and we need at least three High Court judges to meet that demand.”
Amour Piol, a grieving mother, has appealed for justice over the loss of his son, who died in a tragic car accident in 2020. The legal case was initially handled by the Juba court in Malakai, but after prolonged delays, the family requested the case be transferred to Bor.
“For the past three months, proceedings have stalled,” Piol said, citing the consistent absence of a high court judge as a major barrier to reaching a verdict. “My son was the family’s breadwinner. The prolonged delays have caused immense trauma and stress.”
With no resolution in sight, Piol says the lack of compensation has left his son’s children struggling to access education and meet their basic needs. “We’re not just seeking compensation—we’re seeking peace of mind. We just want justice for our son.”
Editor’s Note: “This story is reported with a grant from Journalists for Human Rights under the ‘Tackling Mis/Disinformation Project,’ funded by the Peace and Stabilization Program of the Government of Canada.”