Customary dispute resolution mechanisms among South Sudanese Communities:

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Date
2011-10
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Kampala International University, School of Law
Abstract
This study was carried out in order to assess the effectiveness and problems associated With the use of customary dispute resolution mechanisms among the Dinka Bor of South Sudan. It was carried out in the three counties of Bor, Twic East and Duk that make up What is called Greater Bor area in Jonglei State, South Sudan? Data was collected using interviews and questionnaires with a sample of sixty adult respondents. Secondary sources of obtaining information about customary law of the Dinka such as text books, journals, magazines and existing work on the internet were also used. It was found out that some customary practices of the Dinka Bor were discriminatory against the women. These include denial of women, girls the rights to inherit property from their fathers and disparity between a man and woman in regard to compensation for life lost. It was also found out that some grave criminal offences such as murder, defilement and rape were not adequately punished under the Dinka Bor customary law. The system was found not to be satisfactory because it fails to provide for a way of resolving disputes between a member of the said community and a person of a different one. The researcher found out that some customary practices such as prohibition of marriage Within blood relations, right of a woman to inherit her late husband’s estate and heavy punishment for adultery as positive aspects.
Description
A dissertation presented to the faculty of law in partial fulfillment of the award of bachelor of laws of Kampala International University
Keywords
Customary dispute, Resolution mechanisms, South Sudanese Communities, Dinka Bor.
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