The constitutionality of South Sudan’s land tenure system: Making a case for reform

South Sudan’s land tenure system is complex, given that statutory, customary, and communal practices remain a contentious and evolving legal framework. The critical point in question concerns the constitutionality of the current land tenure arrangements, bearing in mind the inconsistencies between the Land Act, customary land governance, and the Constitution. The underlying problem is tested in this chapter by analysing constitutional provisions, judicial interpretations, and comparative Sudanese historical legal models in order to make a compelling case for reform and advocate for a harmonised, inclusive and rights-based land tenure system that aligns with constitutional principles and promotes sustainable development, social justice, and national cohesion. Thus, the chapter examines land as a key question in constitution-making in South Sudan. In so doing, it critiques the constitutionality of certain laws, practices and jurisprudence that are used to adjudicate land disputes. The chapter calls for urgent land reforms to be adopted in the constitution-making under way in South Sudan.