The Importance of Judicial Independence to the Administration of Justice: The Case of South Sudan

This brief discusses the significance of judicial independence to the administration of justice, particularly in the context of South Sudan. While the brief acknowledges that maladministration is inherent in any system of governance world over, it highlights the particular, corrigible political practices that undermine both the independence of judges and the rule of law in South Sudan. Some of the practices highlighted include the removal of judges from office by the government without adhering to the governing laws, as well as other established processes. In conclusion, the paper, based on these seemingly relentless practices of decreeing judges out of office, contrary to the governing law, draws an inference that judges in South Sudan are simply answerable to individual political leaders. This has serious implications for the proper administration of justice and the rule of law in the country. It is therefore incumbent upon the Transitional Government of National Unity to ensure judicial independence, because peace and order depend on the effective maintenance of a strong and independent judiciary as the third arm of the government.