(JUBA) – South Sudan’s judiciary is entering a critical period after the sudden dismissal of Chief Justice Chan Reec Madut in May 2025, ending a 13 year tenure marked by inefficiency, corruption and political interference. His removal, however, has sparked debate, with legal experts warning that President Salva Kiir’s decision violated the transitional constitution and undermined judicial independence.
The president acted without the recommendation of the Judicial Service Commission, which is constitutionally mandated to investigate and recommend any removal of judges. This raised fears that judges may now serve only at the pleasure of the executive, further eroding the separation of powers in the country.
Madut, who had served as Chief Justice since August 2011, faced accusations of nepotism, favouritism, and political meddling. In 2013, he appointed 78 legal assistants, including his daughter, outside the proper recruitment process. In 2015, he openly supported Kiir’s controversial creation of 28 states, even though the matter was under constitutional dispute before the Supreme Court, where he presided. His refusal to step aside despite a conflict of interest left lasting doubts about the judiciary’s neutrality.
Although Kiir did not explain the reasons for Madut’s dismissal, many observers believe his controversial record contributed to the decision. Yet critics insist that the method of removal itself represents a more serious threat, weakening the role of the Judicial Service Commission and suggesting that the president’s will now overrides constitutional procedures.
On 28 May 2025, President Kiir appointed Benjamin Baak Deng as the new Chief Justice. Deng, a seasoned jurist with a doctorate in international environmental law, previously served on the Supreme Court and was part of the Judicial Reform Committee created under the 2018 peace agreement. The committee’s final report, submitted in 2024, remains unpublished but is believed to contain key recommendations on improving efficiency and independence in the judiciary.
Deng is widely regarded as a man of integrity and professionalism. His appointment has been welcomed cautiously by legal experts, though many warn his success will depend on whether the executive genuinely allows the judiciary to operate independently.
During his swearing-in, President Kiir pledged that the judiciary “must operate independently and remain free from political interference.” It remains unclear, however, whether this commitment will be respected in practice.
The new Chief Justice faces several urgent challenges. Case backlogs remain severe, with courts overwhelmed by unresolved files and limited resources. Judges often work under poor conditions without modern tools or secure environments. Political interference continues to be a major concern, with reports of threats and pressure from senior officials and military leaders seeking favourable rulings.
Another priority is gender representation. Of the country’s 117 judges, only 21 are women, representing 18 percent. This falls well short of the 35 percent benchmark set by both the transitional constitution and the 2018 revitalised peace agreement. Women’s underrepresentation is linked to cultural practices that limit their access to authority and education. Many legal experts believe appointing more women judges would improve public confidence and bring greater balance to the judiciary.
| Judicial Workforce (2025) | Total | Women | Percentage Women | Target (Peace Agreement) |
|---|---|---|---|---|
| Judges | 117 | 21 | 18% | 35% |
The Conversation noted that Deng’s success will depend not only on his own resolve but also on the government’s willingness to provide financial resources and to respect judicial independence. Without genuine support from the executive, efforts to reform the judiciary may stall, leaving South Sudan’s courts vulnerable to the same problems that plagued them under his predecessor.
