South Sudan - Land Governance Country Profile

3. Land Tenure Systems

The Land Act recognizes three general types of land in South Sudan: public, private and community.

3.1 Public Land

Public land is land owned collectively by all people of South Sudan and held in trust by the appropriate level of government. Public land includes:

• Land lawfully held, used or occupied by any government ministry, department or agency or local authority, except where such land is occupied under a private lease;

• Land transferred to the Government of South Sudan, State Government or local government by way of reversion or surrender;

• Land in respect of which no private ownership including customary ownership may be established by any legal process;

• Land in respect of which no heir may be identified by any legal process;

• All roads, railways airports, and thoroughfare as specified by law; and

• All rivers, lakes, canals, haffirs, wetlands and other areas of water for which no customary or other ownership may be established; or which has been voluntarily surrendered for public benefit as land which has been compulsorily acquired for special protection, benefit or use of the community; land for investment; or land as agreed by any international treaty.

3.2 Community Land

Community land includes all lands traditionally and historically held or used by local communities or their members. This category could include communal grazing lands for animals, hunting grounds, or locations of traditional sacrifices and worship. It is held, managed, or used by communities based on ethnicity, residence, or interest. Community land can include land registered in the name of a community, land transferred to a specific community, and land held, managed, or used by a community.

3.3 Private Land

Private land includes registered land held by any person under leasehold tenure, investment land acquired under lease from the government, and any other land designated as private land in accordance with the law. It includes any registered land held by any person under a freehold tenure; or land held by any person under leasehold tenure; or any other land that may be declared private land by law.

Any person owning land in South Sudan may lease this right to another person or persons for a fixed period of time in accordance with the law. A long term lease shall not be more than 99 years and a short term lease is a lease for one year or less and includes a tenancy for a year renewable every year. A holder of a registered lease may in accordance with the terms of the contract of lease sub-lease her or his right for any period that is equal to or less than the remainder of the period of the lease

With the consensus between members of the community, Traditional Authority may recommend the grant to a person or company, whether national or foreigner, a right of leasehold in respect of a portion of community land to the appropriate land administration. A Land size of not more than 250 feddans shall be granted by the Traditional Authority in consultation with the County Land Authority and the Payam Land Council.