Legal Affairs and Constitutional Development

Functions :: Structure :: Projects and Programs :: Publications and Documents :: Contacts
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H.E. John Luk Jok
Minister
 

Minister's Profile:

H.E. John Luk Jok holds a LL.B, Diploma in Petroleum Law and LL.M from London. He is a member of the SPLM Political Bureau. Previously, he served as the minister for Culture, Youth and Sports, Energy and Mining, and also as Deputy rappoteur for the National Petroleum Commission. He is also a member of the Unity Support Fund and the National DDR Council. He was a member of the Technical Committee which drafted the National Constitution of Sudan and the Interim Constitution of Southern Sudan (ICSS). He is also the Chairman of Board of Directors of Nile Petroleum Corporation.

 

Vision:

 

The vision of MOLACD is ‘‘To lay and build a strong foundation for a united, peaceful and prosperous Southern Sudan based on Justice, equality, respect for human rights and supremacy of the rule of Law.’’

 

Mission:

 

The mission of MOLACD is, inter alia, to:

  

  1. Ensure the dissemination and implementation of the C.P.A;
  2. Promote democratic principles and political pluralism guided by the principles of decentralization and devolution of powers;
  3. Ensure that rights enshrined in the CPA, the Interim National Constitution, the Interim Constitution of Southern Sudan and Interim State Constitutions, International Conventions, Treaties and Protocols to which the Government of the Republic of Sudan is a signatory, are respected, protected and promoted;
  4. Ensure supremacy of the rule of law and that law and order is maintained, respected and promoted;
  5. Render legal services to the people and all levels of Government in Southern Sudan; and
  6. Create a conducive atmosphere for socio-economic development in accordance with the vision, mission and programmes of the Government of Southern Sudan.

 

 

Functions:

The Ministry of Legal Affairs and Constitutional Development performs the following functions and duties:

 

  1. Provide the legal framework to ensure law and order is maintained, respected and promoted in Southern Sudan;
  2. Ensure that rights set forth in the CPA and Interim Constitutions and other governing documents are respected and promoted;
  3. Serve as the prosecuting authority at all levels of the Government of Southern Sudan and perform other functions of legal nature as prescribed by law;
  4. Draw up and pursue and recommend approval of such agreements, contracts and documents to which the GoSS is a party;
  5. Advise the GoSS on all types of legal matters to achieve justice for all in Southern Sudan;
  6. Drafting and vetting agreements, including the study and preparation of draft laws and agreements for presentation to the GoSS;
  7. Advising GoSS organs and state governments on disputes and adjudicating on the civil suits that may arise among them;
  8. Conduct all the pre-trial proceedings in Southern Sudan;
  9. Conduct research on any legal areas of specific interest to Southern Sudan and initiate legal reviews and reforms;
  10. Establish an Institute for Legal Studies;
  11. Establish a Customary Law Development Centre;
  12. Print, publish, gazette, distribute and disseminate all GoSS and State laws;
  13. Provision of legal counseling to the GoSS and undertake matters of legal nature on its behalf;
  14. Provide all legal services to the GoSS including civil litigations;
  15. Draft or assist in the drafting of legislation for GoSS and the States;
  16. Advise GoSS on all matters relating to the legal profession;
  17. Advise GoSS on the provisions and interpretation of the Interim Constitution for Southern Sudan;
  18. Make recommendations on any amendments or other changes to the Interim Constitution;
  19. Incorporate and register commercial and industrial businesses;
  20. Register copyrights; and
  21. Register adoptions, books and newspapers, associations, NGOs, societies, building societies, business names, companies, marriages, trade unions and others as specified by law.

 

 

Structure: 

 

Directorate of public prosecution 
 

 

  1. Rendering legal advice to the Government of Southern Sudan, State Governments and institutions in all matters relating to criminal law and criminal procedures and any other relevant penal laws.
  2. Supervising investigation and prosecuting criminal cases.
  3. Supervising all public attorneys at the Government of Southern Sudan level and during four years into the Interim Period provided in the CPA at the States level.
  4. Preparing data and reporting on the rate of crime and submit a report thereon to the Undersecretary.
  5. Appearing before Criminal Courts in Southern Sudan as the prosecuting authority on behalf of the Government of Southern Sudan and the States.
  6. Performing any other functions or duties that may be assigned to it or which are reasonable related to the forgoing activities.

 

Directorate of Civil Litigation

 

  1. Rendering legal opinion to the Government of Southern Sudan and State Governments in all matters of civil nature.
  2. Representing Government in civil litigation.
  3. Arbitrating and settling civil disputes among Government institutions as well as between them and others
  4. Rendering legal opinion and undertaking litigation on constitutional issues.
  5. Receiving reports on civil claims from legal counsels in the States, public corporations and companies.
  6. Receiving reports on civil suits against the Government.
  7. Submitting memoranda to the Undersecretary or the Minister on matters requiring interventions thereby.
  8. Performing any other functions and duties which may be assigned to it or reasonably incidental to the forgoing functions.

 

Directorate of Contracts, Human Rights conventions, Legal Aid and Treaties

 

  1. Providing legal opinion to the Government on contracts and negotiations leading to conclusion thereof.
  2. Reviewing and recommending approval or otherwise of agreements or contracts to which a Government institution is a party.
  3. Overseeing implementation of conventions, treaties and human rights and rights and freedoms enshrined in the National and Southern Sudan Constitution.
  4. Providing legal aid to those in need
  5. Providing legal opinion to the Government of Southern Sudan and States Governments on violations of human rights.
  6. Educating citizens on their constitutional rights through workshops, seminars and the media.
  7. Identifying and studying conventions and treaties on matters affecting Southern Sudan and making recommendations accordingly.
  8. Providing legal opinion to the Government of Southern Sudan on national and State matters directly or indirectly affecting Southern Sudan and the States.
  9. Drafting treaties, conventions and contracts to which Southern Sudan or a State is a party.
  10. Performing any other functions and duties which may be assigned to it or reasonably related to the forgoing functions.

 

Directorate of Legislation, Gazette, Publication and Printing

 

  1. Drafting legislation including subsidiary legislation requested by the Government of Southern Sudan, State Legislatures and executive branches.
  2. Overseeing the progress of legislation and provision of legal opinion thereon.
  3. Printing and publishing the Southern Sudan gazette and any other necessary government publications.
  4. Translating legislation and any other legal documents from English to any other languages as may be necessary.
  5. Publishing laws.
  6. Reviewing, refining and improving legislative drafting process.
  7. Conducting research and proposing legal reforms.
  8. Performing any other functions and duties which may be assigned to it or reasonably related to the forgoing functions.

 

 

Directorate of Registration of Businesses, Associations and NGOs

 

  1. Registering companies, businesses, associations and NGOs.
  2. Overseeing operation of businesses, associations and NGOs in accordance with the law.
  3. Registering patents, inventions, industrial designs and intellectual property rights.
  4. Performing any other functions and duties which may be assigned to it or reasonably related to the forgoing functions.

 

Directorate of Training and Research

 

  1. Drawing comprehensive training programme for legal counsels and support staff.
  2. Conducting research on laws and legislation with the objective of improving and incorporating positive customs and traditions thereinto.
  3. Establishing a customary law centre with the aim of conducting a research on customary law, recording, harmonizing and codification thereof.
  4. Establishing a paralegal training centre with the ultimate goal of transforming it into an institute for legal studies or law development centre.
  5. Performing any other functions and duties which may be assigned to it or reasonably related to the forgoing functions.

 

Directorate of Administration and Finance

 

  1. Preparing budget proposals in consultation with other Directorates.
  2. Keeping records of positions in conformity with the nominal roll of the Ministry.
  3. Implementing the approved budget and advising on its expenditure.
  4. Rendering technical advice on matters relating to terms of service, employment and dismissal of the employees of the Ministry.
  5. Performing any other functions and duties which may be assigned to it or reasonably related to the forgoing functions.

 

Projects and Programs being pursued: 

 

  1. Establishment of Institute for Legal studies; ( ongoing)
  2. Customary law centre(ongoing);
  3. Assessment Study in ten (10) States to identify training needs for both legal counsels and support staff;
  4. Law Library

 


Law Library

 

Publications and Documents:

 

  1. Business Registry Brochure
     
  2. The ministry prints and publishes all the laws of the Government of Southern Sudan and the Gazette and any other necessary governmental publications which can be downloaded from the Publications page of its web site.  

 

 

Contacts:

 

Ministry of Legal Affairs and Constitutional Development Headquarters, Juba - Southern Sudan

 

Mr. Jeremiah Wani Swaka

Hon. Undersecretary 

 

Moses Ateny Makol
mosesatenydemakol@yahoo.com
+249-126-310-462
+256-477-126-508
 

 

Web Site: www.molacd-goss.org

 

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Functions :: Structure :: Projects and Programs :: Publications and Documents :: Contacts

 

 

 

This article was updated on Jan 28, 2011