Nilepet MD: Salva Kiir Election Rules Violation In Call For Staff Support

• Emmanuel Athiei Ayual, managing director of South Sudan's state-owned Nilepet, urged employees to support President Salva Kiir and the SPLM in the December elections.
• These remarks were made during an inspection in Juba, explicitly calling for the company and its staff to back the president.
• The statements appear to violate a presidential decree and Section 8.1 of the National Elections Commissions Regulation No. 3 of 2024, which prohibit using state resources for campaigning.
• Ayual also linked Nilepet's fuel procurement mandate directly to supporting the upcoming elections.
• The government has not yet indicated whether Ayual's actions constitute a breach or if any measures will be taken against him.

The managing director's public pronouncements, therefore, suggest a potential breach of the strictures against using state institutions and resources for political campaigning.

A high-ranking official within South Sudan's state-owned oil company, Nile Petroleum Corporation (Nilepet), has publicly called for the company's workforce to support President Salva Kiir and his Sudan Peoples Liberation Movement (SPLM) in the national elections scheduled for December. Emmanuel Athiei Ayual, who serves as Nilepet's managing director, made these statements on a Wednesday during an inspection tour of fuel depots and stations located in the capital city of Juba. His remarks directly urged employees to campaign for President Kiir's re-election.

Ayual's directives included explicit declarations of support for the incumbent party. He stated that the SPLM party's victory was essential "at the moment" and emphasized that the party "must be supported by all means." This support, he articulated, should come from "Nile Petroleum Corporation or any other institution that is relevant to the winning, to the government, and to our president." Furthermore, he directly appealed to the staff, requesting that "all our staff... rally behind the president and his leadership so that he wins this upcoming election." These statements from a key figure in a prominent state-owned enterprise raise significant questions regarding South Sudan state-owned enterprise election neutrality.

These calls for political backing from a state entity appear to contravene established regulations designed to ensure South Sudan public resources election campaigning is prohibited. Just one day prior to Ayual's public statements, President Kiir had dissolved the transitional government, subsequently appointing a caretaker administration to oversee the nation until the December 22 elections. A presidential decree issued following this dissolution explicitly mandates that officials serving within the caretaker administration maintain political impartiality. This decree specifically forbids them from utilizing public office, public resources, or government institutions to either promote or disadvantage any political party, candidate, or electoral contestant.

Beyond the presidential decree, South Sudan's broader electoral framework also prohibits the use of state assets for political campaigning. Specifically, National Elections Commissions Regulation No. 3 of 2024 addresses this issue. Section 8.1 of this regulation, which pertains to Election Campaigns, clearly bars political parties and candidates from employing state or administrative resources, human resources, or public materials for their campaigns, with the sole exception of public media. This particular provision is rooted in Section 93 of the National Elections Act 2012, as amended, underscoring the legal basis for Nile Petroleum Corporation political impartiality requirements.

Nilepet, as the national oil and gas company owned by the South Sudanese state, plays a crucial role in representing the government's commercial interests within the petroleum sector. Ayual himself underscored this connection, describing Nile Petroleum Corporation as "the commercial wing of the government, to the Ministry of Petroleum." He further linked the company's operational mandate directly to the electoral process, stating that Nilepet is "mandated by the government" to "procure enough fuel and... stock it so that we can support the elections." This direct association of a state-owned company's core function with election support, coupled with the explicit call for staff to campaign, presents a clear Nilepet Salva Kiir election rules violation.

The managing director's public pronouncements, therefore, suggest a potential breach of the strictures against using state institutions and resources for political campaigning. This incident raises serious concerns about the government's commitment and capacity to enforce its own political neutrality requirements throughout the election period. The fact that the head of a significant state-owned enterprise is openly advocating for the governing party and linking the company's resources to the elections, without immediate government action, casts a shadow over the integrity of the electoral process. As of now, the government has not indicated whether Ayual's remarks constitute a breach of the presidential decree, nor has it announced any potential disciplinary measures against him. The dissolution of the transitional government on Tuesday, which saw the removal of vice-presidents, ministers, and the national legislature, and their replacement by a caretaker administration, followed amendments to the National Elections Act that enabled the vote and allowed President Kiir to remain in office until a newly elected president is sworn in.

Lawyers and compliance officers advising state-owned enterprises or political campaigns in South Sudan should note this public breach of election neutrality rules. It highlights a significant compliance risk regarding the use of state resources for political purposes and signals potential challenges to the legitimacy of the upcoming elections, requiring careful monitoring of enforcement actions or lack thereof.

Source: Original reporting via news outlets.