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Comparison of selected legal systems
AttributeSouth SudanIndexedBruneiReviewed
Legal familyCommon law with customary lawMixed common law and Islamic law
System of governmentTransitional government of national unityAbsolute monarchy
ConstitutionTransitional Constitution of the Republic of South SudanConstitution of Brunei Darussalam
In force since20111959
CapitalJubaBandar Seri Begawan
Official languagesEnglish, Arabic, Dinka, NuerMalay, English
CurrencySouth Sudanese pound (SSP)Brunei dollar (BND)
Population11,100,000450,000
Division of powersDecentralised in form, with states and administrative areas whose number has changed repeatedly — from ten at independence to twenty-eight, then thirty-two, and back to ten plus administrative areas under the 2018 agreement. Local government includes county and payam tiers and statutory customary authorities.Unitary, with four districts administered by district officers reporting to the Ministry of Home Affairs. No federal or devolved tier; village and mukim headmen have recognised consultative functions.
How law is madeBills are introduced by ministers or members, considered in committee and passed by the Transitional National Legislative Assembly, with the Council of States participating on matters affecting the states. The President assents. Because the legislature is constituted by power-sharing quota rather than election, and because several key bills including the permanent constitutional process have stalled, the process is transitional rather than settled.In form, bills are introduced in the Legislative Council and assented to by the Sultan. In practice the significant instruments are Orders made by the Sultan under the emergency proclamation, which take effect on publication in the Government Gazette without Council passage. The Syariah Penal Code Order 2013 was enacted this way.
Legal professionAdvocates are admitted through the Ministry of Justice and represented by the South Sudan Bar Association, and the profession is small relative to need, with many practitioners trained in Uganda, Kenya or Sudan. Judicial numbers are low and vacancies persistent, which is a large part of why customary courts carry most of the dispute-resolution load.Advocates and solicitors are admitted by the High Court under the Legal Profession Act, generally after qualifying in England, Malaysia, Singapore or Australia and completing local requirements. The profession is small — a few hundred practitioners — and foreign counsel may be admitted ad hoc for particular cases. Syariah practice is a separate track: Syariah lawyers are certified under the Syariah Courts Act and appear only in the Syariah hierarchy, so a matter that crosses both systems needs two sets of representation.

A comparison table flattens nuance by design. Where a difference matters to a decision you are making, open both portals and read the section in full — the constitutional detail behind a one-line summary is often the part that governs the outcome.