This Law, consisting of 17 articles, establishes the Land Commission and defines its composition, membership, and terms of office. The Commission is entrusted with the following principal functions (i) exercising jurisdiction over arbitration disputes between parties who voluntarily submit their disputes to arbitration; (ii) exercising jurisdiction over land disputes, with arbitral decisions being binding upon the parties; (iii) considering claims relating to land located within its area of competence; (iv) applying the law in force in the relevant area, principles of equity, or any other law agreed upon by the parties to the arbitration; (v) considering matters referred to it by competent authorities and making recommendations to the appropriate level of government; (vi) addressing customary rights and laws relating to land reform policies; (vii) assessing appropriate monetary compensation for land and making recommendations on compensation policies; (viii) advising on national projects affecting land or land rights; (ix) conducting studies and maintaining records concerning the exploitation and use of natural resources; (x) holding hearings and establishing procedural regulations necessary for the performance of its functions; and (xi) creating and maintaining a database to support the discharge of its responsibilities. The Commission shall be vested with the following powers (i) to supervise all administrative and financial operations, and to submit the relevant reports to the Presidency of the Republic; (ii) to obtain any information and data necessary for the performance of its functions; (iii) to establish one or more permanent or temporary specialized technical committees, and to determine their mandates and responsibilities; (iv) to appoint the Secretary-General and other staff of the Commission; (v) to establish and regulate arbitration procedures in accordance with the applicable regulations; (vi) to collect the fees for the services provided by the Commission. Under article 14, the Commission shall cooperate and coordinate with the South Sudan Land Commission and other relevant commissions through the exchange of information and decisions, the resolution of conflicting findings or recommendations, the delegation of functions such as data collection and research, and, where conflicts cannot be resolved by agreement, referral of the matter to the Constitutional Court.
Sudan · 2009-06-28