Jonglei State passes new customary Law
By Manyuon Mayen Manyuon
Jonglei State Government has endorsed new customary Laws restricting all divorced cases to be settled at local Court at home and any divorce done in Juba or diaspora shall not be recognized.
Mr. Dut Acuek Lual, the state Ministry for Local Government and Law Enforcement in Jonglei State said the order for new customary laws was discussed under Article 3.2 of the penal code of South Sudan 2009 to address rampant cases of divorce among natives of Jonglei.
In a letter seen by Juba Monitor, Mr. Lual said that if there was any case of marriage termination between two couples of Jonglei elsewhere, it would be referred to the administration in Boma and payam.
“If you want to divorce your husband or wife please go to your respective Payam or Boma. It will not be allowed in any courts either in Bor, Juba or Diaspora,” Mr. Lual said.
He said any divorce that would be conducted in the Internally Displaced or refugees camps and diaspora shall be invalid and illegal.
“I do here order the return of Bench courts and settlements of divorce cases to Boma, payam and counties of origin with immediate effect,” the statement read in part.
The Minister Lual said divorce was acceptable under some conditions specified under the customary Laws of the Dinka Community.
He said in Dinka community divorce was only inevitable when one of the spouses exhibits gross misconduct which is proven beyond reasonable doubt by close relatives and leaders of the clans.
“If the wife commits adultery with either relatives of the husband or with someone else outside the family,” he explained.
The Minister reiterated that divorce was also allowed if the woman denies her husband conjugal right for one year or if either of the spouse is infertile or has infectious diseases like HIV/AIDS that poses danger to another spouse life.
The paramount Chief of Bor Counties, Chief Alier Aluong welcomed the move saying that it was a liable way to control divorce since it was common among Jonglei citizens in diaspora and at home.
“This will really rescue our people because there are several registered cases of rampant divorce in places like Camps, USA and Australia by natives from Jonglei State,” he said.
“If they want to divorce then we only want them to come back home and divorce in presence of their parents in Jonglei State,” said Chief Aluong.
Bor town Intellectual Majak Dau stressed the need for the state Ministry of Local Government and Law Enforcement to implement the order saying that the natives were so spoiled by adopted western cultures.
“This generation is spoiled by western cultures. So it is a good idea that the ministry in collaboration with traditional courts have come up with that order so we also need them to implement and disseminate this information to the diaspora,” he said.