Residents in Northern Bahr el Ghazal State accuse local courts of imposing excessive fees, preventing them from accessing justice as guaranteed by South Sudan’s Transitional Constitution.
Complaints focus on the Aweil High Court, as well as county and payam courts, where plaintiffs say they face steep financial demands at every stage of legal proceedings. Radio Tamazuj documented some of the fees, including:
- 25,000 South Sudanese pounds (SSP) to file a suit or petition
- 10,000 SSP or more for criminal investigation procedures
- 30,000 SSP to request an appeal
- 20,000 SSP and above for a warrant of arrest
Plaintiffs must also pay 10% of claimed damages in cash before a defendant can be sentenced. If they cannot pay, the accused remains free—effectively denying justice to those without funds.
In investigations carried out by Radio Tamazuj, several residents say fees are often increased or reapplied arbitrarily within the same case, with court officials and others involved allegedly demanding additional payments.
Achol Yuel Kuach, an Aweil resident, criticized the system as exploitative. “The judiciary has become a commercial entity,” she said. “If you don’t have money, it’s better to drop your case or take matters into your own hands.”
Kuach said she spent over 2 million SSP pursuing a case since January, including a 100,000 SSP fee for an oath after her opponent disputed her claims. She also alleged a police officer demanded 150,000 SSP to arrest the defendant—far above the standard rate.
Despite winning her case, Kuach was fined 150,000 SSP—or faced six months in jail—for criticizing the judges. She paid to avoid imprisonment.
Other residents shared similar frustrations. Mou Ngong Manyuol said justice is unattainable without money. “If you don’t have cash, your case won’t move forward. Money makes the process easy.”
Maria Amou Yel abandoned her case in 2023 after failing to afford court fees. A debtor had repaid only 500,000 SSP of her loan, leaving her without recourse. “If your opponent has money for lawyers and fees, they can outlast you—even if you’re right,” she said.
Moses Kiir Yum suspended his legal battle due to costs. “Lack of money lets people deny your rights, and you can’t do anything,” he said. Filing a case requires selling livestock, he added, putting justice out of reach for many.
Lawmakers Acknowledge Complaints
Treza Achol Bilawan, a state legislator, said lawmakers hear frequent grievances but are powerless if laws go unenforced. “Citizens accuse us of ignoring them, but if laws aren’t followed, we’re not respected,” she said.
She questioned how low-earning government employees—some making 15,000 SSP monthly—could afford fees as high as 60,000 SSP.
Activist Angelina Agau Thiep warned that unaffordable justice fuels instability. “Land disputes and other major cases are ignored because of high costs,” she said. “This undermines security and democracy.”
She urged standardized, reasonable fees to ensure access to justice, emphasizing that courts “are not for profit, but to protect rights.”
Judges and court administrators did not respond to requests for comment.