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Author: Adv. Beny Gideon Mabor
The Republic of South Sudan is currently at a difficult crossroads, whether to hold national or partial elections or not hold elections at all. Since governments are formed for a specific mandatory term, elections are the only way to renew or form a new government. If elections are not held regularly or there are any challenges associated with them, then we call it a constitutional crisis. Legally speaking, a constitutional crisis is a situation where a major political dispute cannot be clearly resolved according to the constitution or established practices of a particular country. South Sudan is currently in such a situation.
On July 5, 2024, the Chairman of the National Electoral Commission, Professor Abednego Akok Kacuol, fulfilled his constitutional obligation to fulfill the legal procedures for managing the country’s general elections and subsequently announced that the date for South Sudan’s elections will be December 22, 2024.
This is in accordance with Section 16(1) of the Amendment Act of 2012 to the National Elections Act, which states that “Whenever an election is to be held, the Commission shall fix and announce a date in accordance with the Constitution and publish a notice of the election in the Official Gazette or in two newspapers of national circulation and on the Commission’s website and in the mass media at least six (6) months before the date of the election”. This has been done and is considered to be the countdown to the election.
Similarly, in the case of an intact government, no general elections will be held. Section 16(2) of the National Election Amendment Act 2012 provides that “After the Commission announces the date of elections, the President shall dissolve the National Legislature, the State Legislative Assembly, the National Government and the State Government within three months before the date of elections, but the President, the First Vice President and the four Vice Presidents shall remain in office during the election period until the next President is appointed, subject to the provisions of Section 16(4) of the National Election Amendment Act 2012.
In this context, there are still three months until election day, which is September 22, 2024. This means that if elections are held on the aforementioned date, the partial legitimacy of the government will end on September 22, 2024, which is exactly one month from today, on August 21, 2024, and the President, in accordance with this legal obligation, should dissolve all levels of government on the same day, except the presidency.
On the other hand, if the elections are not held as announced by the Chairman of the National Electoral Commission and are interrupted due to a political decision, then, taking into account the ongoing political processes at home and abroad, the political forces and other relevant stakeholders need to urgently restart a new political dialogue to establish a new political order as a basis for prolonging the life of the Government and its political and constitutional legitimacy.
Whether many of you know it or not, only Section 57(1) of the National Electoral Act 2012 as amended provides that if elections cannot be held due to a proven imminent danger to the nation or the state (for example, to the governor or any part thereof), or if a state of emergency is declared for the whole country, the state or any part thereof under Section 189 of the Transitional Constitution of the Republic of South Sudan 2011 as amended, the National Electoral Commission may postpone the elections; but the Commission shall fix a new date for the elections as soon as possible but not more than 60 days after the date originally scheduled for the elections.
Therefore, if the elections are postponed, it is entirely the responsibility of the parties to the South Republic Conflict Resolution Agreement and other stakeholders, not the National Electoral Commission. If a consensus is reached and a viable political distribution or order is formed, it should be included in the constitutional amendment and electoral governance schedule so that the government can hold general elections in the country.
Adv. Beny Gideon Mabor is Deputy Minister of East African Community Affairs. Comments are solely those of the author.
The opinions expressed in “Opinion” articles published by Radio Tamazuj are solely those of the author. The authenticity of any statements made is the responsibility of the author and not Radio Tamazuj.
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