South Sudan 2011 Constitution (reviewed 2013)

PART EIGHT. PUBLIC ATTORNEYS AND ADVOCACY

135. Public Attorneys and Legal Advisors

1. The Public Attorneys and Legal Advisors shall be under the National Ministry of Justice.
2. The Minister of Justice shall be the chief Legal Advisor and the prosecuting authority at all levels of government, and shall perform such other functions of legal nature as may be prescribed by law.
3. Public Attorneys and Legal Advisors shall advise all levels of government, represent them in public prosecution, litigation, adjudication, and conduct pre- trial proceedings. They shall recommend law reform, strive to protect public and private rights, advice on legal issues and shall render legal aid.
4. Public Attorneys and Legal Advisors at all levels of government shall perform their duties diligently according to this Constitution and the law.
5. Without prejudice to the generality of sub-Article (2) above, the Minister of Justice shall be responsible for:
   1. drawing up, perusing and recommending approval or otherwise, of such agreements, contracts, treaties, international conventions and instruments to which the Government is a party or in respect of which the Government has an interest;
   2. representing the government in court or any other legal proceedings to which any level of government is a party;
   3. drafting legislation, including subsidiary legislation, for the government and;
   4. performing such other functions as may be assigned to him or her by the President or the law.
6. All executive institutions and organs of government at all levels shall comply with legal advice duly given by the Minister of Justice.
7. The functions, immunities, emoluments, and terms and conditions of service of the Public Attorneys and Legal Advisors shall be prescribed by law.

136. Advocacy

1. Advocacy is an independent private legal profession and it shall be regulated by law.
2. Advocates shall observe professional ethics, and promote, protect and advance the human rights and fundamental freedoms of citizens.
3. Advocates shall serve to prevent injustice, defend the legal rights and interests of their clients, seek conciliation between adversaries and may render legal aid for the needy according to the law.

137. Law Review Commission

1. There shall be established an independent commission to be known as the Law Review Commission.
2. The structure, composition, functions, and terms and conditions of service of the members and employees of the Commission shall be determined by law.