South Sudan: Kiir Orders Abednego Akok Kacuol NEC Removal

• President Salva Kiir removed Prof. Abednego Akok Kacuol as chairperson of South Sudan's National Elections Commission (NEC) and appointed Gabriel Bol Deng Majok as his replacement.
• No official reason was provided for the leadership change, which occurred approximately three months before the scheduled December 22 elections.
• Prof. Akok, who served 14 years, accepted the decision and urged his successor to maintain continuity in election preparations.
• Civil society groups are questioning whether the removal adhered to the legal procedures outlined in the South Sudan National Elections Act 2023.
• The Act requires a recommendation from two-thirds of NEC members, approval from two-thirds of the Transitional National Legislative Assembly, and presidential consultations with vice presidents for such removals.

The South Sudan National Elections Act, as amended in 2023, clearly stipulates the legal framework for removing key electoral officials.

President Salva Kiir recently enacted a significant leadership change within South Sudan's National Elections Commission (NEC), removing Professor Abednego Akok Kacuol from his position as chairperson. The presidential decree saw Gabriel Bol Deng Majok, who previously served as the commission's secretary-general, appointed as the new head of the electoral body. This transition occurred approximately three months before South Sudan's scheduled elections on December 22, with no official explanation provided for the chairperson's removal.

Professor Akok, who was initially appointed to lead the NEC in August 2012 and reappointed in 2023, expressed his acceptance of the decision and voiced support for his successor. Speaking publicly, he indicated that his 14 years of service made a leadership transition appropriate for evaluating progress. During his tenure, Akok highlighted key achievements, including the establishment of NEC offices across all ten states and three administrative areas, alongside extensive training programs for electoral officials and commissioners, supported by development partners such as the United Nations. He urged his successor, Majok, to ensure continuity in the ongoing election preparations rather than initiating them anew, acknowledging Majok's familiarity with the commission's work from his previous role. Akok also called upon South Sudanese citizens to register and participate peacefully in the upcoming elections, stating his intention to return to his academic work at the University of Juba.

The abrupt leadership change has prompted considerable concern and questions from various civil society organizations, particularly given the absence of an official rationale. Bol Deng Bol, who chairs both the National Civil Society Coalition and the Jonglei Civil Society Network, specifically questioned whether the legal procedures governing such removals were strictly followed. He emphasized the public's right to understand the grounds upon which the President made this decision, querying whether the necessary NEC resolution and consultations had taken place.

The South Sudan National Elections Act, as amended in 2023, clearly stipulates the legal framework for removing key electoral officials. This legislation permits the removal of the NEC chairperson, deputy chairperson, or other commissioners only on specific grounds, including proven partiality, incapacity to perform duties, or gross misconduct. Crucially, the Act mandates a multi-layered approval process: a recommendation supported by two-thirds of the NEC members, followed by approval from two-thirds of the Transitional National Legislative Assembly. Furthermore, during the transitional period, the President is also required to consult with and secure agreement from the first vice president and the four other vice presidents before such a removal can be finalized.

The timing of Professor Akok's removal, just months before the nation is set to hold elections, has raised significant concerns about its potential impact on the electoral process's integrity and stability. Women’s rights activist Kenya Mach voiced apprehension regarding the timing, questioning whether the change could affect the preparations for the polls. She also speculated on the underlying motives, asking if the change was intended to favor specific candidates or served other undisclosed purposes, while acknowledging that Majok's prior role might offer some continuity.

Civil society leaders like Bol Deng Bol have underscored that the NEC is already grappling with substantial challenges in organizing the forthcoming elections. The lack of an official explanation for the change, coupled with the proximity to the December 22 elections, has prompted significant scrutiny from civil society groups regarding the adherence to established legal procedures. The transparency and legality of this high-profile leadership transition are critical to ensuring public confidence in the electoral body and the legitimacy of the upcoming polls, reinforcing the importance of strict compliance with the South Sudan National Elections Act 2023.

Lawyers and compliance officers should scrutinize the legality of the National Elections Commission chairperson's removal against the National Elections Act 2023, as procedural non-compliance could lead to legal challenges impacting the legitimacy and stability of South Sudan's upcoming elections.

Source: Original reporting via Radio Tamazuj