By Kei Emmanuel Duku
South Sudan’s land system is in turmoil, with accusations of corruption and profiteering aimed at traditional chiefs and a dysfunctional land registry. A former Minister of Federal Affairs, Dr. Richard K. Mulla have shed light on the complex issues driving the crisis, which sees land prices in Juba is about 99,000 dollars higher than in the United States or other parts of the world.
Dr. Richard K. Mulla stated that chiefs are “playing a big role in messing up our land system.” He explained that anyone wanting land must consult the chiefs, who often demand “very high costs” before granting approval. This practice, he says, is a key factor in making land in South Sudan more expensive than in neighboring countries.
“Before the Comprehensive Peace Agreement, land was not as expensive as it is today,” Mulla noted, pointing out the stark increase in costs. He added that the most expensive properties in Juba are often undeveloped plots, with no justification for their exorbitant price. “The chiefs, are a contributory factor,” he asserted.
Dr. Mulla shared a personal land dispute to illustrate the depth of the corruption. He recounted approaching the chiefs, only for them to stall the case. “They are very corrupt because people with money give them money,” he said. The chiefs promised resolves cases or to refer the case to the Payam level, but “they never do it. They don’t pass it to the Payam level. They sit on it… because at the Payam level and at the county level, there are more organized courts that can apply the law.”
The problem isn’t limited to traditional authorities. Dr. Mulla also raised concerns about the national land registry. “The law says there should be one land registry at the national level, which is with the Minister of Housing. That is not true in practice,” he stated. Instead, the registry remains with the judiciary and “has refused to leave the judiciary,” making it a secretive system where “people can go and change titles.” Dr. Mulla stated, “I am not sure if our land registry will be secure in the future.”
While acknowledging the corruption, Eng. Lousie Kwot Akolith, Eng. Lousie Kwot Akolith, Undersecretary of the Ministry of Lands, Housing and Development, also explained the traditional roles of chiefs, who act as a “consortium of the customary land tenure system” and regulate land use based on community norms. Chiefs form customary courts to mediate disputes and allocate land.
However, Akolith noted that chiefs’ authority is being eroded, particularly in urban areas, by competing government institutions.
He admitted, “We in the legal system sometimes, we are part of weakening the authority of the local chiefs.” Akolith also highlighted how the power of chiefs can be abused, leading to “land grabbing and theft.” He humorously noted, “In Juba City nowadays, chiefs, when they get sick, they go to China. They don’t go even to the neighboring countries,” to emphasize the newfound wealth some chiefs have acquired from illicit land dealings.
The informal and unwritten nature of customary dispute resolution, Akolith explained, can lead to inconsistencies and make legal enforcement difficult.
He stressed the importance of a clear legal framework, noting that the national land policy is the next most important document after the constitution, and should guide all land-related legislation.
Adding another layer to the discussion, durying the Real Estate Summit, Savia Aya Sylvester, the Director of the Land Reforms Unit at the Ministry of Lands Housing and Physical Planning, provided insight into South Sudan’s dual land ownership systems.
She described the customary system as one of “perpetual ownership” where land belongs to a family forever, passed down through the male bloodline. “Women have access to land in their place of origin through their father, and in the place of their marriage through their husband,” she explained.
However, Sylvester also pointed out a darker aspect of this tradition, where a woman can be seen as “property” if a high dowry is paid for her. In rural areas, where land is communally owned, there is “high security of tenants,” though investment is low.
In contrast, Sylvester described the statutory system, which is mainly found in towns. Such as Juba City, land is considered private, but ownership is “not absolute” due to attached responsibilities like land and housing taxes. “The ownership is now, government is attached to that ownership,” she said, explaining how taxes regulate the use of urban land. The government’s regulation through taxation is another way to ensure that land ownership isn’t absolute.