| dc.description.abstract | Adultery is considered a criminal offense which violates the rights of adultery victim
across the world. Resolving adultery cases require institutions that are independent
and competent. Such institutions include customary and statutory courts found within
democratic countries such as South Sudan. The objective of the study was to
investigate the effectiveness of customary and statutory courts in resolving adultery
cases in Wau Municipality, South Sudan. The specific objectives of this study were to
determine the nature of evidence use by customary and statutory courts in resolving
adultery case, assess the extent of citizens’ satisfaction with customary and
statutory courts’ decisions and examine the challenges customary and statutory courts
encounter when resolving adultery cases in Wau Municipality, South Sudan. The
study was guided by two theories, the social conflict theory and structural
functionalism theory. The study adopted explorative design for survey to examine the
research questions. The target population in this study was approximated for 2166
people. This target population includes Police officers, citizens, department of
prosecution, customary court chiefs, and statutory court judges within Wau
Municipality. The study applied the stratified random technique to bring the same
group of elements from which a sample size of 338 respondents was selected via
Yamane 1967 formula. Purposive sampling plus simple random sampling method
were adopted in selection of participants. The sampled participants were subjected to
an interview and focus group discussion. The questionnaire was used as the main
primary data collection instrument whose validity and reliability were tested in
Rumbek Municipality. A coefficient of 0.5 and above was computed, and it implied
that the instruments were valid. Data was analyzed quantitatively by use of
descriptive statistics, frequency tables, percentage, pie chart, and means through
Statistical Package for Social Sciences while qualitative data was analyzed using
narrative and verbatim analysis. The study found out that respondents have agreed on
the nature of evidence used by customary and statutory courts in resolving adultery
with Mean=1.770, the respondents agreed that Citizenry satisfaction on statutory and
customary courts decisions in resolving adultery cases was good and rated with
Mean=2.218, the respondents agreed that there are challenges statutory and customary
courts encountered in resolving adultery cases with Mean=2.055 and the respondents
agreed on the ways of improving the effectiveness of customary and statutory courts
with of Mean=2.030. The research recommended the need to encourage legal
evidence to be used in courts to prove adultery cases that are committed by the
litigants. This evidence should include DNA tests, eyewitness, and exhibits which
enabled to resolve adultery cases by chiefs and judges. All courts should ensure
citizens’ satisfaction on court decision is paramount through a fair trial of adultery
cases for all tribes in Wau Municipality. Ministry of Justice and legal affairs to
develop strategies and guidelines that assist in ensuring citizens are satisfied with
decisions of adultery cases. Customary and statutory courts should develop strategies
to curb the challenges hampering the effectiveness of customary and statutory courts
in resolving adultery cases in Wau Municipality. In collaboration with customary
chiefs, judges, the Ministry of health and police, customary and statutory courts work
to improve the effectiveness of courts in Wau Municipality by enhancing proper
medical tests and investigation of adultery cases. | en_US |
