Judiciary
The Judiciary
The Judiciary and its role in Sudan can be divided into two eras:
Era of the Judiciary authority 1899 – 1956
Era of the Judiciary institution 1956 – 2005
In the first epoch the Judiciary was a part of the Executive Power but in the second epoch it was separated from the Executive Power although extent of its independence is always a point of controversy throughout all eras.
Administration of the Government of Sudan during the colonial government was different from administrations of the other British colonies, for instead of having a senior secretary who was responsible of the whole administration before the Governor and entrusted with the important issues, there were three secretaries in Sudan: the Administrative Secretary, the Financial Secretary and the Judicial Secretary.
The Judicial Secretary was responsible of legislations, the judiciary, the Lands Authority and the land registry office. Those three secretaries were undertaking their works in their area of jurisdictions as head of the directors, and the General Governor was supervising administration of the provinces by those secretaries.
Administration of the colonists to the Country was merely military in all its administrative, judicial and legislative aspects and it was executed by British military officers. The General Governor was the head of the Judiciary similarly like the other administrations, so the General Governor was authorized to transfer an official from any administration to the Judiciary and the vice versa. With regard to managing colonial governance in Sudan (1899 – 1956) eight persons were rotated in the post of the General Governor, eight persons in the post of the Administrative Secretary and seven persons in the post of Judicial Secretary.
The English colonists(1899 – 1956) divided the Judiciary into two sections: the Civil Section comprising civil and criminal domains which was headed by the chief justice, and the Sharia Section which was headed by the supreme judge, both are headed by the Judicial Secretary who was headed by the General Governor.
Premises of the Judiciary administration was established for the first time during 1850 – 1851 namely before one hundred and fifty years in the times of the Governor Abdelatif Basha who held government of Sudan during October 1849 – December 1851.
The court was in one building with Khartoum Province Department and the Governance Department. The building was made of red bricks and called " the Populace Court". At that time Khartoum was like a small village limited between the Zoo east the Friendship Hall and premises of the Ministry of Health. The said premises was at that time situated in Al-Hekimdaria Quarter which was located between the General Audit Chamber and the University of Khartoum and considered as one of the most important quarters of Khartoum in which government's offices and senior officials houses are situated.
The year 1906 witnessed considerable activities with regard to building houses of officials while in 1907 some important departments were built such as the Irrigation premises and
Al-Hagania House building which were constructed by the public works department chaired by Captain Kenedy Bek (one of the royal engineers), Mr. Hetchered and Mr. Bridgmen (construction engineers) undertook building them uder supervision of the major engineers Mr. Kalakestone and Mr. Slide. Al-Hagania House is that building which extends eastwards and westwards alongside of Al-Jamaa Street excluding the two wings adhered thereto and extended northwards taking note that each of them was established in a different time. Al-Hagania House was inaugurated on 24/2/1908.
The British administration had no regular legislative policy instead it used to issue legislations in accordance with a policy that serves its economic interests, therefore it did not give concern to issuing laws of civil obligations, torts, insurance and other basic laws which are implemented in the daily practical course of life.
Throughout almost sixty years Sudanese Judiciary managed to judge civil lawsuits in accordance with principles of justice, most of the time according to English concepts and rarely according to social and economic Sudanese concepts or the Arab concepts.
Under Article Nine of the Sudan's Self-governing and Self-determination Agreement, Britain and Egypt became committed to that proceeding to the transitional period (the period commenced with electing the first Sudanese parliament on the first January 1954) shall be as soon as possible, consequently the Sudanese Judiciary witnessed another phase under the national governance period. Since formation of the first Sudanese government on 9/1/1954, basic feature of the situation in the Country was the reoccurring transformation of governments, for the Country passed from the first parties' rule in 1954 to the first military rule in November 1958, then came Revolution of October 1964 and the Country experienced the second parties' rule which ended in 25 May 1969 by the second military rule. In Rajab (April) 1985 Sudan passes through a transitional period to the third parties'