JUSTICE.
The main lines of judicial organisation in the Sudan date from 1899, at which time the whole country was under Egyptian Martial Law.
Under the code of Criminal Procedure of that year the criminal courts are directly under the Governor-General, who, however, has the benefit of the advice of a Legal Secretary. Under “The Civil Justice Ordinance, 1900,” the civil courts are subordinated to the Legal Secretary, in his capacity as Acting Judicial Commissioner.
Criminal justice in each province is administered by the Mudir’s Court (composed of the Mudir or Governor, or his representative, and two other magistrates), which has general competence; minor District Courts of three officers, with limited competence; and magistrates with powers similar to, but more limited than, those of Indian Magistrates. These magistrates are the members of the Provincial Administrative Staff, who are either picked officers of the army or civilian inspectors, who, unless they have had a legal training, are required to pass an examination in the Codes.
The procedure at the inquiry, and as to arrest, etc., is borrowed from the Indian Code of Criminal Procedure; that at the hearing is that of an Egyptian (or substantially, of a British) court-martial, with which the military officers are familiar.
Sentences passed by the Mudir’s Court are submitted to the Governor-General for confirmation. Those of the subordinate courts are either submitted to the Mudir for confirmation, or are open to appeal before him.
The Governor-General has, in all cases, revising powers similar to those of an Indian High Court.
The substantive criminal law is contained in the Sudan Penal Code, which is a copy of the Indian Penal Code, with such modifications as the circumstances of the country appeared to demand.
The civil courts in each province are those of the Mudir and of the subordinate magistrates. The procedure is borrowed in part from that in Indian provinces which do not possess a High Court, and in part from the Ottoman and African Orders in Council.
The parties appear before the judge, who settles the issues to be tried before trying the case. Every court has power to sit with assessors, who, in commercial cases, are frequently of considerable assistance. Appeals lie to the Mudir, or from the court of the Mudir to that of the Judicial Commissioner.