Judicial System

Chapter One The Judiciary

Article 99
Judicial Responsibility
The judiciary in the Republic of Sudan shall be vested in an independent body called the Judicial Authority. The Judicial Authority shall undertake the administration of justice through the adjudication of disputes and the giving of judgments in accordance with the Constitution and law.

Article 100
Responsibility of the Judicial Authority
The Judicial Authority is responsible for the execution of its duties to the President of the Republic.

Article 101
Independence of Judges
1. Judges are independent in the performance of their duties and have full judicial authority in their jurisdiction. They may not be influenced in their functioning directly or indirectly.

2. A judge is guided by the rule of the Constitution and law and it shall be his duty to protect these principles by distributing justice without fear or favour.

3. The state shall abide by and implement decisions of the Judicial Authorities.

Article 102
Administration of the Judicial Authority
1. The Judicial Authority shall have a Chief Justice who shall be the President of the highest federal court and the Supreme Judicial Council. The Chief Justice shall be responsible before the Supreme Judicial Council for the administration of the Judicial Authority.

2. The Judicial Authority shall have a council called the Supreme Judicial Council and its composition and powers shall be determined by law. It shall be responsible for the planning of and the general supervision of the Judicial Authority, presenting recommendations to the President of the Republic on the appointment, promotion and termination of judges, presenting recommendations on the budget of the Judicial Authority and giving opinions on legislation concerning the Judicial Authority.

Article 103
Organization of the Judiciary
The Judiciary shall consist of the High Court, Court of Appeals and courts of first instance. The law shall organize and division of jurisdiction among these courts and any other matters concerning them.

Article 104 Appointment of Judges and Terms of Service
1. The President of the Republic shall appoint the Chief Justice and his deputies according to the law.

2. The President of the Republic shall appoint all other judges on the recommendation of the Supreme Judicial Council.

3. The law shall stipulate the number of judges, their conditions of service, rules and regulations of discipline and their immunities.

4. No judge shall be dismissed except after a disciplinary process and a recommendation from the Supreme Judicial Council.

Article 105
The Constitutional Court
1. There shall be established an independent constitutional court, Chief Justice of the Constitutional Court and the members of the Court are appointed by the President of the Republic, with the approval of the National Assembly, from among eminent jurists with substantial experience.

2. The Constitutional Court is the guard of the Constitution. Its jurisdiction is to review and rule in any matter concerning the explanation or execution of the Constitution and it has the following jurisdiction:
  1. to interpret the Constitution and other legal texts presented to them by the President of the Republic, the National Assembly or half of the State Governors or State Assemblies,
  2. to decide upon claims by aggrieved persons for the protection of liberties and rights which are guaranteed by the Constitution,
  3. to decide upon claims concerning conflicts between state and federal authorities over their powers,
  4. to decide on any other matters that the Constitution or the law brings within its jurisdiction.
3. The law will determine the number of judges of the court, their remuneration and the court procedures.

Article 106
Public Legal Advisors and Attorneys
Legal advisors in public service, including those in the Attorney General's Chambers shall promote the values of fairness and justice, protect public and private property, provide legal opinions and services to the state or its citizens, and perform their duties honestly and with dedication to, and in accordance with, the Constitution and law.

Article 107
The Legal Profession
1. The legal profession shall promote the values of fairness and justice, reconciliation between disputing parties, strive to ensure justice, reframe from wrongdoing, and provide legal assistance to those in need in accordance with the Constitution and law.

2. The rules and regulations of the profession shall be established by law.