Amendments to South Sudan’s

Amendments to South Sudan’s Election Law Before 22nd December Polls: Implications of the New Rules

South Sudan has just amended its election law barely three months prior to the 22nd December polls, doing away with the requirement that had linked the conduct of the elections with the establishment of a permanent constitution and the conduct of a national census. The amendments have been signed by President Salva Kiir on September 21, making way for the conducting of the first national election in the history of the nation following its independence in 2011.

Elections No Longer Dependent on a Census or Permanent Constitution

Perhaps the most important difference is that elections no longer depend on a census or permanent constitution.

According to the changes, South Sudan will be able to conduct elections in December under the current Transitional Constitution while the constitution and the census are still being prepared. The government argues that these changes will help to sort out contradictions of the previous law and prepare the country for voting.

The elections are set to take place on December 22, although preparations for them are far from being completed, and even voter registration hasn’t been finished yet.

The Parliament Will Be a Lot Smaller

The amendments have significantly reduced the size of legislative bodies in South Sudan.

The National Legislative Assembly will consist of 270 people as opposed to 650 before the amendments. Each state legislative assembly will be made up of 58 people instead of 100, while legislative councils in the administrative divisions will consist of 20 representatives.

Kiir Keeps the Executive’s Powers During the Transition

According to the amended law, the incumbent executive will remain in office with all constitutional powers until the newly elected president starts his term of office.

Also, the new amendments give the president powers to dismiss the first vice president and other vice presidents during the specified time before elections.

This amendment becomes significant since the South Sudan transitional government was formed through the 2018 peace agreement, which put an end to the civil war in South Sudan.

Why Are the Opposition Parties Protesting the Amendment?

The South Sudan Opposition Alliance, a member of the 2018 peace agreement, has refused to accept the amendments. According to the South Sudan opposition, the amendments have been made without proper consultations among the parties to the agreement.

The political crisis arises at a time when the leader of the opposition is in detention, facing charges of treason and murder. He denies those accusations against him.

On the other hand, the government views the amendments as a great achievement towards the election.

Is There Now Time for South Sudan to Reach the December Deadline?

While the legal obstacle is gone, there are some major practical hurdles to overcome.

Voter registration was yet to start at the time of signing the new laws. Moreover, last week, the president also appointed a new chairperson of the National Elections Commission without stating any reason publicly.

South Sudan still faces some challenges related to its peace agreements, institutions, and security issues. The transitional period of the country has been prolonged owing to some previous delays regarding elections.

For civil society organizations, what matters the most right now is that no more violence erupts due to the political disputes over the election. This is how Edmund Yakani of the Community Empowerment for Progress Organization asked political leaders to sort out their differences amicably.

While the December 22 deadline now has legal ground, it is yet to be seen if the country will manage to fulfill the remaining requirements on time.

Understanding South Sudan’s Latest Developments

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Archak Mitra

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