Constitution

Sudan 2019 Constitution

Table of Contents

Chapter 8. National judiciary Bodies

29. Supreme Judicial Council

  1. A Supreme Judicial Council shall be established to take the place and assume the duties of the National Judicial Service Commission. The law defines its composition, competencies and powers.
  2. The Supreme Judicial Council selects the president and members of the Constitutional Court and the Chief Justice and his deputies.

30. The Judicial Authority

  1. In the Republic of Sudan, jurisdiction over the judiciary is entrusted to the judicial authority.
  2. The judicial authority is independent from the Sovereignty Council and the Transitional Legislative Council and the executive branch, and it has the necessary financial and administrative independence.
  3. The judicial authority has jurisdiction to adjudicate disputes and issue rulings in accordance with the law.
  4. The Chief Justice of the Republic of Sudan is the head of the judicial authority and president of the National Supreme Court, and shall be responsible for administering the judicial authority before the Supreme Judicial Council.
  5. The state’s agencies and institutions implement the courts’ rulings and orders.

31. The Constitutional Court

  1. The Constitutional Court is an independent court, and is separate from the judicial authority. It is competent to oversee the constitutionality of laws and measures, to protect rights and freedoms, and to adjudicate constitutional disputes.
  2. The Constitutional Court is formed and its competencies and powers are defined in accordance with the law.

Chapter 9. Public Prosecution

  1. The Public Prosecution is an independent agency that works in accordance with the organizing laws.
  2. The Supreme Council of the Public Prosecution nominates the Prosecutor-General and his assistants, who are appointed by the Sovereignty Council.

Chapter 10. Auditor-General

  1. The Public Audit Agency is an independent agency that works in accordance with the organizing laws.

Chapter 11. Uniformed Agencies

35. Armed Forces

  1. The Armed Forces and Rapid Support Forces are a national military institution that protects the unity and sovereignty of the nation. They are subordinated to the General Commander of the Armed Forces and subject to the sovereign authority.
  2. The Armed Forces Law and the Rapid Support Forces Law organize the relationship of the military institution with the executive authority.

36. Police Forces

  1. The police forces are national, uniformed law enforcement forces, and are competent to preserve the security and safety of society. They are subject to the policies and decisions of the executive authority in accordance with the law.
  2. The Police Law and Armed Forces Law organize their relationship with the sovereign authority.

37. General Intelligence Service

The General Intelligence Service is a uniformed agency that is competent on national security. Its duties shall be limited to gathering and analyzing information and providing it to the competent bodies. The law defines its obligations and duties. It is subject to the sovereign and executive authorities in accordance with the law.

38. Military Courts

Notwithstanding the general jurisdiction of the judiciary, military courts are established for the armed forces, Rapid Support Forces, police forces, and the General Intelligence Service to try their members in relation to their violations of military laws. This does not apply to crimes against civilians or relating to the rights of civilians over which the regular courts of the judiciary are competent.