Salva Kiir: South Sudan Government Dissolution Legality Questioned

• President Salva Kiir dissolved South Sudan's transitional government, parliament, and state governments on September 22, appointing a caretaker administration ahead of December 22 elections.
• An expert panel, including Dr. Remember Miamingi, Advisor to the Political Affairs, Peace and Security Department of the African Union, and Kuel Aguer Kuel, former governor and current chairperson of the People's Coalition for Civil Action (PCCA), raised constitutional concerns about the concentration of executive power, warning it could deepen political instability and increase the risk of renewed conflict.
• Significant challenges for the elections include a lack of a clear legal framework, a $225 million funding gap for the National Elections Commission, and unstarted voter registration as of September 22.
• Panelists questioned the accountability mechanisms of the caretaker administration and highlighted restrictions on fundamental freedoms, partly linked to the National Security Act.
• Calls were made for a review of the 2018 peace agreement and for stronger, sustained international engagement, including targeted measures, to address the political crisis.

The concentration of executive power could deepen political instability and increase the risk of renewed conflict and fragmentation.

President Salva Kiir of South Sudan unilaterally dissolved the nation's transitional government, parliament, and all state governments on September 22, subsequently appointing a caretaker administration. This significant action precedes elections scheduled for December 22, 2026, prompting an online panel discussion hosted by Radio Tamazuj to scrutinize its constitutional and political ramifications.

Dr. Remember Miamingi, Advisor to the Political Affairs, Peace and Security Department of the African Union, civil society representative Animu Amitai, and Kuel Aguer Kuel, former governor and current chairperson of the People's Coalition for Civil Action (PCCA), participated in the Wednesday discussion. They collectively voiced profound concerns that this concentration of executive power could exacerbate political instability, potentially leading to renewed conflict and further fragmentation within the country. The panelists specifically questioned the legality and timing of the ongoing inter-party dialogue in Juba, suggesting it lacks clear parameters and disproportionately favors political elites over the broader South Sudanese populace.

The panel underscored that the credibility of the upcoming electoral process hinges on a robust legal framework, adequate preparations by electoral institutions, broad political participation, and the steadfast protection of civic and political freedoms. However, significant hurdles remain, including restrictions on fundamental freedoms, which panelists linked to the National Security Act.

The National Elections Commission faces substantial financial and logistical challenges, including an estimated funding requirement of $225 million. As of September 22, voter registration had not yet commenced, leading experts to question whether there is sufficient time to complete the various stages of the electoral process before the December vote. Dr. Miamingi also raised critical questions regarding presidential succession and the constitutional arrangements that would govern the country should the president become unable to continue in office.

A key concern highlighted by the panelists was the absence of clear accountability mechanisms under the newly appointed caretaker administration. Kuel Aguer Kuel, former governor and current chairperson of the People's Coalition for Civil Action (PCCA), advocated for a comprehensive review of the 2018 peace agreement and the constitutional framework that guided the transition, particularly in light of the power-sharing government's dissolution.

Under the amended election law, President Kiir is slated to remain in office throughout the electoral period until a newly elected president is inaugurated. The panel explored potential responses to the current political crisis, including public-interest litigation and various diplomatic measures, as ways to address the lack of oversight and ensure adherence to constitutional principles.

Civil society representative Animu Amitai emphasized the necessity for regional and continental organizations to assume a more assertive role in addressing South Sudan's escalating political crisis. She criticized what she perceived as limited international pressure on the government, arguing that mere diplomatic statements are insufficient.

Instead, Amitai called for sustained international engagement, backed by targeted measures where appropriate, to effectively influence the situation. The experts collectively stressed that without a clear legal framework and adequate preparations, the integrity of the electoral process and the stability of the nation remain in jeopardy.

Lawyers and compliance officers operating in or advising on South Sudan should scrutinize the constitutional implications of President Kiir's dissolution of the transitional government and the legal basis for the caretaker administration, especially regarding electoral integrity and potential restrictions on fundamental freedoms.

Source: Original reporting via Radio Tamazuj