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Comparison of selected legal systems
AttributeSouth SudanIndexedSudanIndexed
Legal familyCommon law with customary lawMixed Islamic and common law
System of governmentTransitional government of national unityMilitary government following the 2021 coup and 2023 war
ConstitutionTransitional Constitution of the Republic of South SudanDraft Constitutional Charter for the Transitional Period
In force since20112019
CapitalJubaKhartoum
Official languagesEnglish, Arabic, Dinka, NuerArabic, English
CurrencySouth Sudanese pound (SSP)Sudanese pound (SDG)
Population11,100,00048,100,000
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.Formally federal, with states headed by governors. The Juba Peace Agreement of 2020 contemplated regional arrangements for Darfur and the Two Areas. Effective authority is currently divided between the belligerents and varies by locality.
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.The Charter assigned legislation to a joint sitting of the Sovereignty Council and the cabinet pending the formation of a legislative council, which never fully happened. Since 2021 instruments have been issued by decree. There is no verifiable ordinary legislative process at present, which is why this profile is marked as requiring research.
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 are admitted through the Sudanese Bar Association, and the profession — particularly the Sudanese Professionals Association and the emergency lawyers' groups — was central to the 2019 protest movement and to documenting subsequent abuses. Judges are career appointments through the Judicial Service Commission. Current admission practice and numbers cannot be reliably confirmed.

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.