Rédaction Africa Links 24 with Hou Akot Hou
Published on 2024-03-03 07:51:03
The chiefs in Aweil East County, Northern Bahr El Ghazal State, are facing a challenge as the county judge has dismissed the majority of cases that come before him. This has left the chiefs feeling redundant and unable to fulfill their traditional role of settling disputes within the community.
Paramount Chief Deng Mamer of Malualbaai Payam has accused the judge of not following proper procedures, particularly in cases of divorce. He believes that cases such as divorce issues should be thoroughly investigated before a verdict is reached. Chief Mamer cited an example of a woman with ten children who asked for a divorce, and the judge ruled in her favor without consulting the traditional chiefs. This decision, according to Chief Mamer, could have been handled differently if the case had been brought to them for reconciliation.
The chiefs argue that the county judge is taking on cases that should be handled by the customary courts, leaving them with no role to play in settling disputes within the community. They claim that cases such as adultery, disputes over cow ownership, and other community matters should be under their jurisdiction, not that of the county judge.
Another paramount chief, Lual Malong Yor, raised concerns about the judge’s involvement in disputes over cow ownership, alleging that Judge Mathiang Kuach Mathiang owns ten cows that are in dispute between two parties. Chief Yor believes that the traditional chiefs would handle such cases differently by probing the parties involved until the rightful owner is determined.
In response to these accusations, Judge Mathiang Kuach Mathiang denied the allegations, labeling them as political and unfounded. He defended his decisions, stating that he follows legal procedures and gives verdicts based on the evidence presented to him. The judge also criticized the traditional chiefs, claiming that they often accept bribes and handle cases unprofessionally, leading complainants to seek justice through legal channels.
Judge Mathiang emphasized the importance of upholding the rule of law and urged the chiefs to conduct thorough investigations before making decisions. He argued that his role is to ensure justice is served and prevent cases from being left unresolved or influenced by corrupt practices.
Lastly, Judge Mathiang challenged the chiefs to take cases to higher courts if they disagree with his rulings, emphasizing the need for accountability and transparency in the justice system. He urged the chiefs to familiarize themselves with legal procedures and avoid being swayed by personal relationships when handling disputes within the community.
Read the original article on Talk of Juba
