Sudan 2005 Constitution

PART FIVE. THE NATIONAL JUDICIAL ORGANS

CHAPTER I. THE CONSTITUTIONAL COURT

119. Establishment of the Constitutional Court

1. There shall be established in accordance with the provisions of this Constitution a Constitutional Court of nine Justices of proven competence, integrity, credibility and impartiality.
2. The Constitutional Court shall be independent and separate from the National Judiciary; the law shall determine the rules of procedure thereof.
3. Subject to Article 121 herein, the President and Justices of the Constitutional Court shall be appointed for a term of seven years, subject to renewal. Their emoluments shall be determined by law.
4. The Justices of the Constitutional Court shall perform their functions and apply the law without interference, fear or favour.

120. Appointment of the President of the Constitutional Court and Vacancy of Office

1. The President of the Constitutional Court shall be appointed by the President of the Republic with the consent of the First Vice President, from justices approved according to Article 121(1) herein. He shall be answerable to the Presidency.
2. The office of the President of the Constitutional Court shall fall vacant upon death, resignation or removal.
3. The President of the Constitutional Court shall not be removed from office except for incapacity or conduct incompatible with his status and only upon a decision by the President of the Republic approved by two-thirds of all representatives at the Council of States.

121. Justices of the Constitutional Court

1. All Justices of the Constitutional Court shall be appointed by the President of the Republic in accordance with Article 58 (2) (c) herein and upon the recommendation of the National Judicial Service Commission and subject to approval by a two-thirds majority of all the representatives at the Council of States.
2. Southern Sudan shall be adequately represented in the Constitutional Court.
3. A Justice of the Constitutional Court may only be removed upon an order of the President of the Republic on the recommendation of the President of the Constitutional Court and approved by a two-thirds majority of the representatives of the Council of States.

122. Competence and Jurisdiction of the Constitutional Court

1. The Constitutional Court shall be the custodian of this Constitution, the constitutions of southern Sudan and the states; its decisions shall be final and binding, it shall:-
   1. interpret constitutional or legal provisions at the instance of the President of the Republic, the National Government, the Government of Southern Sudan, any state government, the National Assembly or the Council of States,
   2. have original jurisdiction to decide disputes that arise under this Constitution and the Constitutions of Northern states at the instance of government, juridical entities or individuals,
   3. decide on appeals against the decisions of Southern Sudan Supreme Court on the Interim Constitution of Southern Sudan and the Constitutions of Southern Sudan states,
   4. protect human rights and fundamental freedoms,
   5. adjudicate on the constitutionality of laws or provisions in accordance with this Constitution, the Interim Constitution of Southern Sudan or the relevant state constitutions,
   6. adjudicate on constitutional disputes between levels and organs of government, in respect of areas of exclusive, concurrent or residual competence.
2. The Constitutional Court shall have criminal jurisdiction over the President of the Republic and the First Vice President in accordance with Article 60(2) herein, it shall also have criminal jurisdiction over the Vice President, the Speakers of the National Legislature and the Justices of the National Supreme Court and Southern Sudan Supreme Court.

CHAPTER II. THE NATIONAL JUDICIARY

123. The National Judicial Authority

1. The National judicial authority in the Republic of the Sudan shall be vested in the National Judiciary.
2. The National Judiciary shall be independent of the Legislature and the Executive, with the necessary financial and administrative independence.
3. The National Judiciary shall have judicial competence to adjudicate on disputes and render judgments in accordance with the law.
4. The Chief Justice of the Republic of the Sudan, who is the head of the National Judiciary and the President of the National Supreme Court, shall be answerable to the President of the Republic for the administration of the National Judiciary.
5. All organs and institutions of the State shall execute the judgments and orders of the courts.

124. The Structures of the National Judiciary

The National Judiciary shall be structured as follows:.

1. The National Supreme Court,
2. National Courts of Appeal,
3. Other national courts.

125. The National Supreme Court

1. The National Supreme Court shall:.
   1. be a court of cassation and review in respect of any criminal, civil matters arising out of, or under national laws, or personal matters,
   2. have criminal jurisdiction over the Justices of the Constitutional Court,
   3. review death sentences imposed by any court in respect to matters arising out of, or under national laws,
   4. have such other jurisdiction as determined by this Constitution and the law.
2. The Chief Justice of the Republic of the Sudan may establish panels for the purposes of considering and deciding on matters requiring special expertise, including commercial, personal or labour matters.

126. National Courts of Appeal

The number, competences and procedures of National Courts of Appeal shall be determined by the law.

127. Other National Courts

Other national courts shall be established by law as deemed necessary.

128. Independence of Justices and Judges

1. All Justices and Judges shall be independent and shall perform their functions without influence.
2. Justices and Judges shall uphold the Constitution and the rule of law and shall administer justice diligently, impartially and without fear or favour.
3. Tenure of office of Justices and Judges shall not be affected by their judgements.

129. The National Judicial Service Commission

1. The President of the Republic, after consultation within the Presidency, shall establish a commission to be known as the National Judicial Service Commission to undertake the overall management of the National Judiciary; its composition and functions shall be prescribed by law.
2. The Chief Justice of the Republic of the Sudan, as the head of the National Judiciary, shall chair the National Judicial Service Commission.
3. The National Judicial Service Commission shall regulate the relations between judiciaries at the National, Southern Sudan and states level. In the case of Southern Sudan, the regulation shall be made in consultation with the President of the Supreme Court of Southern Sudan.

130. Appointment of Justices, Judges and their Terms and Conditions of Service

1. Having regard to competence, integrity and credibility, the Chief Justice of the Republic of the Sudan, his deputies, Justices and Judges shall be appointed by the President of the Republic in accordance with Article 58(2)(c) herein, where applicable, and upon the recommendation of the National Judicial Service Commission.
2. The law shall determine the terms of service, discipline and immunities of Justices and Judges.
3. Southern Sudan shall be adequately represented in the National Supreme Court and other national courts that are situated in the National Capital.

131. Discipline of Justices and Judges

1. Discipline of Justices and Judges shall be exercised by the Chief Justice in accordance with the law.
2. Justices and Judges may only be removed by an order of the President of the Republic for gross misconduct, incompetence and incapacity in accordance with the law and upon recommendation of the Chief Justice and with approval of the National Judicial Service Commission.

132. Appointment of Justices and Judges of Southern Sudan

The President of Government of Southern Sudan shall, within one week after the adoption of the Interim Constitution of Southern Sudan, appoint, without prejudice to Article 130(1) herein, the President and Justices of Southern Sudan Supreme Court, Judges of Courts of Appeal and other courts having regard to competence, integrity, credibility and impartiality as shall be determined by that Constitution and the law.