The Interim Constitution of Southern Sudan (2005) and the Transitional Constitution of South Sudan (2011) both provided for the establishment of state security and law enforcement institutions and agencies:
• The Judiciary of South Sudan
• The Ministry of Justice and Constitutional Affairs
• National Legislative Assembly’s
Specialized Committees on:
– National Security and Public Order
– Public Accounts
– Government Assurance, Monitoring, Follow-up and Evaluation
– Legislation and Justice
The SPLA was founded in 1983 as a military wing of the Sudan People’s Liberation Movement (SPLM) fighting against the central government of Sudan with the aim of establishing a new secular and democratic united Sudan. It was led by Dr. John Garang as its first Commander-in-Chief and later by President Salva Kiir after the death of Dr. John Garang in 2005. As a guerrilla army, the SPLA emerged within a short of time as a formidable military force and managed to capture major garrison towns in Southern Sudan from the Sudanese Armed Forces (SAF) and extended its operations to northern Sudan in the Nuba Mountains, Blue Nile and Eastern Sudan.
With the signing of the 2005 Sudan Comprehensive Peace Agreement (CPA) between the SPLM and Government of Sudan, the SPLA was recognized as a national army in Southern Sudan and independent from the Sudanese Armed Forces (SAF).
Structures and Organization
The structures of the SSPDF are guided by the SPLA Defense White Paper and defined by the SPLA Act 2009 (amended). Section 30 of the SPLA Act 2009 (amended) states as follows:
• The Sudan People’s Liberation Army shall be organized into:
(a) an active force, and
(b) the reserve force.
• The active force shall consist of:
(a) the ground force;
(b) the air force; and
(c) the riverine units.
Military Justice System
Section 34 and Section 35 of the SPLA Act 2009 (amended) provide respectively for nature of military justice, structure and composition of military courts. The Military Justice system cater for both criminal and disciplinary offences.
• Two levels of military courts, a District Court Martial and a General Court Martial.
• In all cases, the presiding officer shall be senior in rank to the accused and all members of the panel shall be at least equivalent in rank to that of the accused.
South Sudan National Police Service (SSNPS)
The history of police in South Sudan can be traced back after Sudan achieved independence in 1956, when few southerners were accepted into the police training college in Khartoum.
The 2005 Sudan Comprehensive Peace Agreement (CPA) and the 2005 Interim Constitution of Southern Sudan (ICSS) both provided for the establishment of the Sudan Police Service on the new basis to be a decentralized professional service rather than a force.
The Transitional Constitution of South Sudan 2011 (amended) and the s(amended) both provide for the establishment and governance of the Police Service in South Sudan and to enable it to prevent, combat and investigate crime, maintain law and public order, protect the people in Southern Sudan and their properties.
Functions and Powers
(Section 7)
• Prevention and detection of crime according to the procedures provided for in the relevant laws.
• Ensure security of Southern Sudan and protecting people’s lives and properties.
• Assume the internal security operations.
• Preserve lost, found, seized, and confiscated property, and dealing with such property according to the law.
• Carry out crime prevention awareness campaign among the public to enhance their contribution to the maintenance of security;
• Carry out investigations or any other criminal procedures pursuant to the provisions of the Code of Criminal Procedure Act, 2008 or any other law.
• Regulate traffic and issue vehicle and driving licenses according to the law.
• Ensure safety of citizens, property and public establishments.
• Combat terrorism, organized crime and human trafficking.
• Combat illegal trafficking in drugs and narcotics.
• Combat smuggling and illegal trading in firearms.