(Juba) – A new report by the international non governmental organisation Jupiter has found that most South Sudanese people continue to lack access to formal justice systems, with around 80 percent of both civil and criminal matters being handled by customary courts.
The report, released on 30 June 2025, outlines that customary courts are preferred in many regions due to their local presence, lower costs, and consistency with community traditions. However, it warns that these courts may also reinforce discriminatory customs, especially towards women and marginalised groups.
Formal courts are few and far between in several parts of the country. Unity State, home to more than one million people, currently has no sitting judges. Warrap State and Jonglei State, with populations exceeding two million and one million respectively, are served by only a handful of judges. In some areas, one judge is responsible for over 500,000 residents.
Even in Juba, where court infrastructure is more established, many people cannot afford legal services or live too far away to reach a courtroom. These challenges are far greater in remote and conflict affected regions.
To help reduce the justice gap, the Government of South Sudan and civil society partners have launched mobile courts and community-based resolution centres. These offer quicker decisions and help ease the pressure on formal courts. However, the report notes that these programmes largely rely on international donor funding and may not be sustainable in the long term.
The report also details the deep gender imbalance in access to justice. It explains that women, especially in rural communities, often face greater financial obstacles, social discrimination, and a lack of awareness about their rights. As a result, many women are forced to rely on customary courts, where their participation is often limited or undervalued.
There are some positive developments. In towns like Torit and Wau, the inclusion of women in customary court proceedings has led to more balanced decision-making. In Juba, the recent establishment of a special court focused on sexual and gender-based violence (SGBV) is seen as a step forward in addressing sensitive cases with greater fairness.
However, court delays continue to be a major concern. According to the report, the Supreme Court’s case clearance rate dropped significantly from 59 percent in 2021 to just 14 percent in 2023. Some cases reportedly take up to six years to resolve. Lower courts are performing better, but delays remain widespread. The High Court of Central Equatoria, for instance, saw its clearance rate fall from 80 percent in 2022 to 69 percent in 2023. Meanwhile, the Juba County Court, though slightly improved, still takes an average of three years to conclude a case.
The Jupiter report has called for improvements in the formal legal system while also strengthening customary mechanisms with proper oversight. The report emphasised the need for gender equality, legal awareness and better access across all regions.
“Justice is not only about laws,” the report states, “it’s about ensuring every citizen can access fair and timely decisions, regardless of where they live or their social status.”
