Background

The Sudan Judiciary is composed of separate hierarchies for civil matters and shari’a (Islamic Law) matters. The lowest level courts are Town Benches and District Courts. Their decisions may be appealed at the Province Courts, which have jurisdiction over cases concerning companies, trademarks, business names, bankruptcy, and the personal status of non-Muslims. There are Courts of Appeal in each provincial capital, and the Supreme Court or Court of Cassation serves as the final court of appeal.

The Constitutional Court was established in 1998 to determine the constitutionality of laws, hear cases of individual citizens’ rights guaranteed by the constitution, and rule between different courts on matters of jurisdiction.

With the signing and implementation of the Comprehensive Peace Agreement (CPA), and the adoption of the Interim National Constitution (INC), Sudan entered an important transitional phase in which the National Judicial Service Commission (NJSC), a new body, is mandated to undertake the overall management of the national judicial system. This also includes the coordination of the relationships between judiciaries at the National, Southern Sudan and State level, as well as the approval, appointment and dismissal of judges.

Headed by the Chief Justice of Sudan, the NJSC replaces the current High Judicial Council as a new entity responsible for the selection, appointment, promotion, discipline and dismissal of judges and justices. In view of the ongoing legal and judicial reforms, it is hoped that the Judiciary will be instrumental in translating the principles and promises of the peace agreement and the INC into tangible realities in post-conflict Sudan.

In order to help implement the CPA, and effectuate the mandate of the INC - including the establishment of the NJSC, significant work needed be done to strengthen the Judiciary’s legal, technical, and operational capacity. Consequently, in August 2006, the Ministry of Finance, the World Bank, and UNDP launched the Capacity Building of the Sudan Judiciary project. This US$18 million project is a large programme designed to improve the capacity of an independent Judiciary in Sudan.

Objectives
The project’s main objective is to strengthen the capacity of the Judiciary to: enhance its independence; build the knowledge-base of judges; and empower the judiciary to effectively and fairly apply the law and deliver justice.

To this end, the specific objectives of the project are:
• Build the capacity of the NJSC to deliver services in the Governance and Rule of Law Sector based on judicial independence, impartiality, transparency, and international standards.
• Build the capacity of the Judiciary (at the central and state levels) to implement and integrate commitments to the rule of law, under the CPA, through comprehensive judicial training and by creating a pool of qualified national trainers and appropriate training curriculum.
• Ensure the sustainability of the transfer of knowledge through the establishment of a National Legal Training and Resource Centre and the rehabilitation of the Judiciary’s existing training facility.
• Improve the delivery of judicial services by rehabilitating selected court facilities.

Snapshots of the project's major achievements
• 12 judges sent to 3 study tours in Germany (March 06), South Africa (May 06) and India (August 06). In each of these countries, the delegation included one deputy judge leading the tour, two Supreme Court judges and one judge from the Government of Southern Sudan. The tours were designed to provide the judges with a broader judicial understanding of relevant comparative international legal experiences. In addition these tours allowed them to observe and study the judicial procedures of different decentralized models.
• Furnished and rehabilitated 13 offices for the National Judicial Service Commission (NJSC) and supplied them with 50 computers.
.• Trained 50 judges (11 female and 39 male judges) in "Legal Analysis Skills" and 13 judges were selected to receive further training as trainers of trainers (TOTs).
• 10 judges sent to 6-week study mission in Bournemouth Business School International from 13 October to 21 November 2008. The study mission provided the judges with a broader judicial understanding of relevant comparative international legal experiences; and developed the judges’ legal terminology in English language, and enhanced their internet-based legal research.
• Rehabilitated the NJSC offices and the conference room; Constructed and fully equipped Wad-Elhelew Court in Kassala State, Al-Rousaris Court in Blue Nile State, Al-Azhari court in Khartoum, and Talodi Court in South Kordofan State along with two houses.