The Transitional Constitution of the Republic of the Sudan (2005)/PART FIVE

PART FIVE: THE NATIONAL JUDICIAL ORGANS

CHAPTERI : THE CONSTITUTIONAL COURT

Establishment of the Constitutional Court

119 (1) There shall be established in accordance with the provisions of this Constitution a Constitutional Court of nine Justices of sufficient experience, proven competence, integrity, credibility and impartiality.

(2) The Constitutional Court shall be independent of Legislature and Executive and separate from the National Judiciary; the law shall determine its rules of procedure and execution of its judgements.

(3) Subject to Article 121 herein, the President and Justices of the Constitutional Court shall be appointed for a term of seven years, subject to renewal. Their emoluments shall be determined by law.

(4) The Justices of the Constitutional Court shall perform their functions and apply the law without interference, fear or favour.

Appointment of the President of the Constitutional Court and Vacancy of Office

120 (1) The President of the Constitutional Court shall be appointed by the President of the Republic with the consent of the First Vice President, from justices approved according to Article 121(1) herein. He/she shall be answerable to the Presidency.

(2) The office of the President of the Constitutional Court shall fall vacant upon death, resignation or removal.

(3) The President of the Constitutional Court shall not be removed from office except for incapacity or conduct incompatible with his/her status and only upon a decision by the President of the Republic approved by two-thirds of all representatives at the Council of States.

Justices of the Constitutional Court

121 (1) All Justices of the Constitutional Court shall be appointed by the President of the Republic in accordance with Article 58 (2) (c) herein and upon the recommendation of the National Judicial Service Commission and subject to approval by a two-thirds majority of all the representatives at the Council of States.

(2) Southern Sudan shall be adequately represented in the Constitutional Court.

(3) A Justice of the Constitutional Court may only be removed upon an order of the President of the Republic on the recommendation of the President of the Constitutional Court and approved by a two-thirds majority of the representatives of the Council of States.

Competence and Jurisdiction of the Constitutional Court

122 (1) The Constitutional Court shall be the custodian of this Constitution, the constitutions of southern Sudan and the states; its decisions shall be final and binding, it shall:-

(a) interpret constitutional provisions at the instance of the President of the Republic, the National Government, the Government of Southern Sudan, any state government, the National Assembly, or the Council of States,

(b) have original jurisdiction to decide disputes that arise under this Constitution and the constitutions of Northern states at the instance of government, juridical entities or individuals,

(c) decide on appeals against the decisions of Southern Sudan Supreme Court on the Interim Constitution of Southern Sudan and the constitutions of Southern Sudan states,

(d) protect human rights and fundamental freedoms,

(e) adjudicate on the constitutionality of laws or provisions in accordance with this Constitution, the Interim Constitution of Southern Sudan or the relevant state constitutions,

(f) adjudicate on constitutional disputes between levels and organs of government, in respect of areas of exclusive, concurrent or residual competence.

(2) The Constitutional Court shall have criminal jurisdiction over the President of the Republic and the First Vice President in accordance with Article 60 (2) herein, it shall also have criminal jurisdiction over the Vice President, the Speakers of the National Legislature and the Justices of the National Supreme Court and Southern Sudan Supreme Court.