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The impact of customary courts on women's access to justice in South Sudan
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2025.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613679709585408 |
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| access_status_str | Open Access |
| author2 | Murungi, Nkatha |
| author_browse | Murungi, Nkatha |
| author_facet | Murungi, Nkatha |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2025. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/107013 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:59.298Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/107013 The impact of customary courts on women's access to justice in South Sudan Murungi, Nkatha dorcasfrancisloly@gmail.com Moumouni, Guillaume Werson, Dorcas UCTD Sustainable Development Goals (SDGs) Customary courts Women's access to justice Feminist legal theory South Sudan legal system Gender discrimination Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2025. This study examines the impact of customary courts on women’s access to justice in South Sudan, highlighting the tension between accessibility and gender-based discrimination. While these courts offer familiar and geographically accessible avenues for justice, their structures and practices often limit women’s substantive and procedural rights. The study evaluates whether customary courts align with South Sudan’s constitutional, regional, and international obligations, including the Transitional Constitution, the Local Government Act, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the Maputo Protocol. It addresses the central research question: to what extent have customary courts negatively affected women’s access to justice? Employing a desktop-based methodology, the study draws on primary sources, relevant legislation, and international instruments, alongside secondary literature, reports, and jurisprudence, to examine the legal and socio-cultural dynamics shaping women’s experiences. Lessons from Ghana’s reform of its customary system are incorporated to provide comparative insights for South Sudan. Findings indicate that, although customary courts are the most accessible avenue for many South Sudanese women, patriarchal norms dominate their procedures and decisions, prioritising communal harmony over individual rights. Practices such as enforcing bride price return in divorce, denying women inheritance rights, and granting child custody primarily to fathers systematically disadvantage women. These outcomes contravene constitutional equality guarantees and South Sudan’s obligations under CEDAW and the Maputo Protocol. The absence of oversight, standardised procedures, and women’s representation further entrenches inequality, compounded by limited awareness of human rights norms among women and customary authorities. The study concludes that while customary courts enhance physical and cultural accessibility, they fail to provide gender sensitive and impartial justice. The study recommends comprehensive reforms, including harmonising customary practices with human rights standards, implementing mandatory human rights and gender-sensitivity training for chiefs, ensuring women’s participation in customary adjudication, and establishing oversight mechanisms such as a Customary Court Monitoring Department. Lessons from Ghana demonstrate that meaningful reform is achievable when customary law is integrated into constitutional frameworks and subjected to human rights review. Ultimately, this study contributes to discourse on gender and justice in post-conflict societies, emphasising that true access to justice is measured not only by proximity to courts but also by the fairness, dignity, and equality of the outcomes they produce. Centre for Human Rights LLM (Human Rights and Democratisation in Africa) Restricted Faculty of Laws SDG-05: Gender equality 2025-12-01T12:20:15Z 2025-12-01T12:20:15Z 2025-12-10 2025-10-14 Mini Dissertation * D2025 http://hdl.handle.net/2263/107013 Disclaimer Letter en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Customary courts Women's access to justice Feminist legal theory South Sudan legal system Gender discrimination The impact of customary courts on women's access to justice in South Sudan |
| title | The impact of customary courts on women's access to justice in South Sudan |
| title_full | The impact of customary courts on women's access to justice in South Sudan |
| title_fullStr | The impact of customary courts on women's access to justice in South Sudan |
| title_full_unstemmed | The impact of customary courts on women's access to justice in South Sudan |
| title_short | The impact of customary courts on women's access to justice in South Sudan |
| title_sort | impact of customary courts on women s access to justice in south sudan |
| topic | UCTD Sustainable Development Goals (SDGs) Customary courts Women's access to justice Feminist legal theory South Sudan legal system Gender discrimination |
| url | http://hdl.handle.net/2263/107013 |