Based on the situational analysis of the internal and external environment and evaluation of the Ministry’s achievements and challenges, the Ministry has identified the following themes, which it needs to concentrate on in order to deliver more effective and efficient services.

These include challenges in the areas of:

1. Institutional Capacity
2. Criminal Justice
3. Access to Justice and Legal Aid
4. Human Rights and Rule of Law
5. Legislation, Gazette and Printing
6. Civil Litigation and Legal Opinion
7. Legal Research and Training
8. Business Registration
9. Contracts, Conventions and Treaties
10. State Legal Administration
11. Partnerships and Coordination Mechanisms

Issue 1:  Weak institutional capacity to render legal services effectively and efficiently.

Objective: To strengthen institutional capacity and entrench a culture of excellence.

Strategies:

1 Build the institutional capacity of the Ministry to deliver services more effectively.

• Acquire additional office space, facilities and equipment for the Ministry.
• Facilitate provision of essential physical infrastructure in the states and counties.
• Build communication infrastructure for the Ministry.
• Make provision for the welfare of employees.
• Take essential security measures for the protection of Ministry’s property and employees.
• Promote spirit of teamwork to increase productivity.

2 Ensure development of sound policies and strategies to guide the delivery of services.

• Facilitate the design and dissemination of new policy strategies and programs.
• Review the Organizational Design to ensure that it supports the Ministry’s Mandate.

3 Strengthen the role of senior management in the design and development of policies and strategies 

• Provide the necessary support for the development and modernization of relevant strategies according to latest updates and developments.
• Establish mechanisms to strengthen coordination in the implementation of the Ministry’s programs and activities.
• Adopt modern management concepts based on employees’ empowerment, and promotion of creativity, innovation and excellence.
• Create an environment which promotes continuous progress and involvement of all employees in the delivery of services.

4 Ensure proper implementation of the Ministry’s plans and programs

• Monitor the implementation of strategic plans and measure performance indicators.
• Create a planning and monitoring unit to generate periodic statistical reports from databases.

5 Improve the level performance of staff of the Ministry.

• Introduce service level quality standards to measure the quality and standard of services delivered by the Ministry.
• Conduct periodic evaluation of the level of service offered and identify opportunities for service level improvement.

• Establish an inspection and statistics office.
• Encourage performance management.

6 Strengthen financial management and control to ensure effective implementation of plans and programs

• Periodically review the expenditure policy to ensure efficient utilization of resources.
• Develop fair standards and criteria for the recruitment and deployment of administration and finance officials and provide specialized training programs.
• Provide necessary technical equipment, technology and software to enable financial and administrative units, including the budgets unit, to operate efficiently and effectively.
• Eliminate loopholes in financial and procurement systems.
• Conduct internal audit to ensure transparent management of the Ministry’s funds.

Issue 2:  A criminal justice system that fails to adequately investigate and prosecute criminal cases.

Objective: To develop an effective and efficient criminal justice system. 

Strategies:

1 Improve the investigation and disposal of criminal cases

• Provide training for prosecutors and police on proper investigation of crime.
• Develop guidelines on case management to ensure proper and prompt handling of cases by public prosecution attorneys.
• Develop appropriate technology to facilitate information sharing and the monitoring of cases.

2 Reduce congestion in prisons and detention facilities

• Improve conditions in prisons and detention facilities.
• Adopt penal policies by using non-custodial sanctions and preventive measures for certain types of persons and offences.
• Create conditions for broader application of simplified procedures, including alternative dispute settlement methods.

3 Improve the processes and mechanisms within the justice system pertaining to Juvenile and Women.

• Train public prosecutors and police investigators in handling juvenile cases.
• Increase the capacity of the women and juvenile unit at the Ministry.
• Develop guidelines on the treatment of juveniles and women within the criminal justice system.

Issue 3: Poor access to justice and low levels of legal awareness by majority of the public

Objective: To Create conducive environment that facilitate access to justice and increased legal awareness

Strategies:

1 Develop mechanisms and implement policy strategies to facilitate access to justice

• Carryout needs assessment with regard to access to access to justice.
• Conduct comparative study tour on access to justice to other countries.
• Recruit adequate number of legal counsels.
• Deploy more legal Counsels to the States and Counties.
• Develop a regulatory framework to guide the work of paralegals and civil society groups involved in the provision of legal services.
• Designate prosecutors to mobile courts with a view to increasing access to justice.
• Strengthening coordination mechanisms within the rule of law sector.

2 Develop effective, efficient and responsive legal aid system

• Draft legislation for the establishment of an autonomous legal aid board to coordinate legal aid delivery in the country.
• Develop a comprehensive legal aid policy and strategies.
• Develop guidelines for provision of legal aid to disadvantaged members of society.
• Provide legal representation to persons charged with serious, offences who are unable to afford a lawyer.
• Mobilize resources from government and donors for meeting the costs of legal aid.
• Represent and voice legal aid concerns in Cabinet and relevant fora for purposes of increasing the visibility of legal aid.
• Provide sound implementation systems including office space, auditing, technical, accounting and administrative support.

3 Increase legal awareness on legal rights and access to justice

• Develop and distribute literacy materials in English and local languages.
• Sensitize traditional leaders on human rights and the role of public prosecutors in criminal justice system.
• Conduct legal open days and Legal Aid Clinics
• Develop a media strategy.
• Organize seminars and workshops.

4 Promote the role of traditional justice systems 

• Strengthen the role of chiefs in resolving minor disputes.
• Conduct research and training programs on customary laws.
• Operationalize the operation of the Customary Law Center in Rumbek.

Issue 4: Less respect for human rights and rule of law

Objective: To promote respect for human rights and rule of law

Strategies:

1 Develop effective and sustainable systems to promote and protect human rights

• Compile a list of all the international instrument which carry a reporting obligation to them.
• Ensure cooperation with HR treaty bodies by attending treaty body meetings to benchmark the tool and to continuously update the tool to capture emerging obligations.
• Facilitate ratification of international human rights instruments that South Sudan is party to.
• Prepare country reports under the various Human Rights instruments.
• Involve the Human Rights Commission and other stakeholders in designing a tool for monitoring state reporting.
• Establish a human rights partners’ forum to share views and propose strategies of addressing human rights challenges.

2 Ensure effective protection of human rights and upholding of the rule of law

• Prosecute cases pertaining to human rights violations.
• Advise government institutions and public officials of their obligations to respect human rights of all citizens and uphold the rule of law.
• Facilitate meetings of rule of law agencies to discuss any concerns pertaining to human rights and rule of law.
• Develop legal framework and policy strategies to ensure protection of human rights and upholding the rule of law.
• Facilitate the harmonization of customary laws with statutory law and the Constitution.
• Improve conditions in prisons and detention facilities throughout the country.

• Conduct regular inspection visits to prisons and detention facilities.

3 Improve the processes and mechanisms within the justice system pertaining to Juvenile and Women

• Train public prosecutors and police investigators on juvenile justice.
• Enhance the capacity of the women and juvenile unit at the Ministry.
• Develop guidelines on the treatment of juveniles and women within the criminal justice system.

Issue 5: Inadequate quality and availability of legislation

Objective: To improve the quality of legislation and ensure availability of printed laws

Strategies:

1 Build the capacity of the Directorate of legislation

• Develop a manual on drafting Legislation.
• Provide training on legislative drafting.
• Provide resources and necessary equipment for Gazette, printing and publishing of laws.
• Provide reference material on legislative drafting.
• Avail adequate office space for keeping printed laws.
• Create a website for uploading the laws of South Sudan.

2 Identify inappropriate and inadequate laws requiring reforms

• Conduct a general audit of the laws of South Sudan to identify areas in need of reform and recommend necessary action.
• Coordinate with the South Sudan Law Review Commission to ensure prompt review of laws.

Issue 6: Inadequate knowledge and skills to effectively deliver legal services

Objective: To improve the quality of legal education and training in South Sudan

Strategies:

1 Develop and implement policy framework for legal education training

• Establish a taskforce to review legal education and training in South Sudan.
• Undertake stakeholder consultations.
• Facilitate the formulation of legal education policy.
• Formulate guidelines to regulate training in the Ministry.
• Audit the training needs of the employees of the Ministry.

2 Improve the quality of legal education and professional training

• Establish institutions to provide legal training and continuous.
• Facilitate professional development for legal counsels and other practitioners.
• Construct the LTI premises.
• Develop curriculum for postgraduate diploma course and tailored training at LTI.

Issue 7: Inadequate capacity to provide quality legal services to all levels of Government

Objective: To improve provision of legal services to all Government levels

Strategies:

1 Improve the quality of legal advisory services

• Provide practical training in civil litigation, arbitration and prosecution before courts.
• Organize training for legal counsels, in submissions preparation, legal opinion and court procedures.
• Develop training manuals for legal advisors and prosecutors

2 Develop effective systems to facilitate prompt registration and regulation of businesses

• Establish systems to ensure prompt registration of companies.
• Develop guidelines to ensure effective oversight and monitoring of registered businesses including the establishment of an electronic database.
• Develop effective reporting systems to strengthen internal reporting.
• Establish business registries at state level.

Issue 8: Inadequate capacity to provide quality legal services to all levels of Government

Objective: To improve provision of legal services to all Government levels

Strategies:

1 Improve the quality of legal advisory services

• Provide practical training in civil litigation, arbitration and prosecution before courts.
• Organize training for legal counsels, in submissions preparation, legal opinion and court procedures.
• Develop training manuals for legal advisors and prosecutors.

2 Develop effective systems to facilitate prompt registration and regulation of businesses

• Establish systems to ensure prompt registration of companies.
• Develop guidelines to ensure effective oversight and monitoring of registered businesses including the establishment of an electronic database.
• Develop effective reporting systems to strengthen internal reporting.
• Establish business registries at state level.

3 Process contracts, international conventions and treaties

• Peruse human rights treaties and international/bilateral agreements to write legal opinions.
• Provide training on drafting and processing of contracts, conventions and treaties.
• Provide legal opinions on international treaties.
• Process contracts for all levels of Government.
• Develop a database for managing Government contracts.
• Review templates for Government contracts.

4 Contribute to the. implementation of the Peace Agreement

• Identify laws required to be reviewed under the ARC1SS
• Facilitate the establishment of institutions required under the Peace Agreement.

5 Facilitate constitutional amendments and development

• Facilitate constitutional amendments and incorporation of the Peace Agreement into the Constitution.
• Facilitate the drafting, publishing and enactment of the Permanent Constitution.
• Support consensus building in the Constitution-making process.

• Build capacity of legal counsels in constitutional law.
• Facilitate training for legal counsels on principles of constitutional interpretation.

Issue 9: Inadequate capacity to provide oversight on businesses registered in South Sudan

Objective: To improve the oversight role of the Registry

Strategies:

1. Improve mechanisms and processes to facilitate prompt registration and compliance

• Develop simplified forms and other registration documents to ensure prompt registration of businesses.
• Develop guidelines to ensure effective oversight and monitoring of registered businesses including the establishment of an electronic database and regular inspection.
• Develop effective reporting systems to strengthen internal reporting.

2. Modernize database system

• Upgrading the current database system and ICT equipment registration by availing registration forms online.
• Introduce online or web-based registration by availing registration forms online.
• Acquire internet connectivity to achieve online registration.

3. Ensure Effective Regulations of businesses 

• Facilitate the review of the regulations for Companies Act, 2012 for effective implementation of the Act and compliance by businesses.
• Review certificates of registration to reflect the type of registration e.g., certificate of replacement to be different with incorporation, trademark certificate etc.
• Ensure accurate and timeous filing of annual returns by submitting annually an audited financial report for registered companies.
• Carrying inspection campaigns to ensure compliance and struck off or imposes penalties dormant and brief case companies.

4. Capacity building for registry staff

• Facilitate short and long term training for both legal and non-legal staff to understand laws governing registrations of legal entities and ICT respectively.
• Short tours to other foreign registries to expose them to good practices in those places

5. Establish a Secure Transaction Registry

• Prepare forms and other registration needs with a view to establish collateral registry.
• Facilitate more training in this field through exposure to other collateral registries.

6.Streamline the registration process of businesses

• Establish a One Stop Business Solution Centre.
• Facilitate meetings with other stakeholders to establish One Stop Business Solution Centre e.g., Customs, Trade, Finance, Interior Ministries.
• Solicit funds from development partners to achieve the above project.

7. Enhance Capacity of the Business Registry at the States level

• Establish more business registries at states level
• Develop effective communication strategies to ensure effective registration at state registries