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JONGLEI - 1 Jun 2023

Duk community reviews its customary bylaws

A 6-day workshop on review of customary bylaws concluded in Duk County of South Sudan’s Jonglei State Wednesday, with legislative enactment on marriage and revenge killings.

120 participants, including politicians, local chiefs, youth leaders, and women leaders, took part in the exercise, which was supported by Peace Canal, a peacebuilding group operating in parts of the country.

The Commissioner of Duk County, Peter Latjor Chuol, told Radio Tamazuj Wednesday that he came up with the idea because the county was becoming lawless.

“Killing has become the order of the day, especially on petty issues like elopement. So on 25 May, with support from Peace Canal, we started a workshop on reviewing our customary laws,” he said. “We devised three resolutions to tackle marriage-related issues and killing.”

He explained: “It was agreed that the marriageable age be 20 or above, and anyone who violates this by marrying an underage shall be jailed for a year. Secondly, for adultery, an adulterer shall be fined seven cows and jailed for a year. Finally, in a murder case, 51 cows shall be paid as blood compensation, and a 3-year jail term for unintentional killing but for deliberate killing the convict shall also be killed as per the Penal Code Act.” 

On his part, Gordon Wuor Abiel, the community’s deputy head, said the workshop was fruitful and that traditional chiefs have been tasked to oversee the implementation of the bylaws.

“All 6 Payams of Duk County had representatives in the meeting. We came out with those resolutions on revenge killing and marriage,” he said. “Commissioner of the county and our chiefs shall handle those issues in traditional courts. This is a position of the community and it shall be respected by all.”

Meanwhile, Aruai Majok Deng, the head chief of Duk County, said the bylaws will help restore law and order and that they are ready to be the custodians.

“These bylaws are on killing and marriage. We were in Duk Panyang Payam and then came to Duk Padiet Payam. The entire section of the community was represented in legislation and endorsement of these customary laws. Powers have been conferred upon us by the community to implement these laws for the betterment of Duk,” he said.

South Sudanese legal system is characterized as a pluralistic legal system where customary law is being applied beside statutory law.

The system of local government in South Sudan comprises both formal state structures and traditional authorities.