Justice Minister Tables Constitutional Amendment Bill in Parliament

• South Sudan's Justice Minister Wek Mamer Kuol has tabled a constitutional amendment bill to clear the way for December elections.
• The proposed changes seek to delink the permanent constitution-making process and national population census from the elections.
• International partners have criticized unilateral changes to the 2018 peace agreement and called for an inclusive process.

South Sudan's Justice and Constitutional Affairs Minister Wek Mamer Kuol has tabled a constitutional amendment bill in parliament, aimed at clearing the way for elections scheduled for December 22. The proposed changes seek to delink the permanent constitution-making process and the national population and housing census from the elections, allowing the vote to proceed while those processes continue separately.

The cabinet approved the bill on August 7, with President Salva Kiir chairing the meeting. The amendments were deemed necessary to remove legal obstacles to the planned December elections.

The proposed constitutional amendment bill seeks to modify several key provisions in the Transitional Constitution of the Republic of South Sudan 2011 (Amendment No. 4, 2026). Specifically, Articles 53(3)(d) and (m), 104(9), (10), and (14), and 202(4) are targeted for amendment. These changes follow contentious amendments to the 2018 peace agreement approved by parliament in July.

The main opposition SPLM-IO has questioned the election timetable and objected to changes to the peace agreement, while international partners have criticized unilateral changes to the 2018 peace agreement and called for an inclusive process.

The proposed constitutional amendment bill has significant implications for the legitimacy of the upcoming December elections. Lawyers and compliance officers should be aware of potential electoral disputes and challenges to the constitutionality of the proposed amendments, which may impact the readiness and inclusiveness of the vote.

South Sudan's government is preparing for the Dec 22 elections, but the timetable faces opposition and international concerns over security, the implementation of the 2018 peace agreement, and the readiness of electoral institutions. The committee reviewing the bill will have a crucial role in determining the fate of these amendments.

Lawyers and compliance officers should watch for potential electoral disputes and challenges to the constitutionality of the proposed amendments, which may impact the legitimacy of the upcoming December elections.

Source: Original reporting via Radio Tamazuj