South Sudan Legislature: Election Bill Mandates Kiir VPs Exit

• South Sudan's National Legislature passed the National Elections Act, 2012 (Amendment) Bill, 2026, introducing significant electoral reforms.
• The bill allows the incumbent president to remain in office with full powers until a successor is elected, but mandates the removal of all vice presidents three months before the December 22, 2026 election.
• Changes include new election administration structures, an expanded 332-member National Legislative Assembly, and voting rights for South Sudanese diaspora.
• The legislation was debated amidst concerns over government size, unemployment, and parliamentary representation, with calls to prioritize public interest.

The provision allowing President Salva Kiir to remain in office with full constitutional powers throughout the election period, while simultaneously requiring the exit of the first vice president and other vice presidents three months prior to polling, stands out as one of the most impactful changes.

South Sudan's National Legislature has enacted the National Elections Act, 2012 (Amendment) Bill, 2026, following extensive deliberation concerning governmental scale, employment rates, and parliamentary representation. The legislation, championed by Dengtiel Ayuen Kuur, who chairs the Committee on Legislation and Legal Affairs, introduces substantial modifications to the administration of general elections, voter registration processes, and the structural makeup of both national and state legislative bodies.

A pivotal element of the new law dictates that the sitting president will retain full constitutional authority throughout the electoral period, continuing in office until the newly elected president is inaugurated. This provision directly impacts President Salva Kiir's tenure. The current presidency, established in February 2020 as part of the 2018 peace accord, includes President Salva Kiir, First Vice President and opposition leader Riek Machar, along with four other vice presidents.

Crucially, the amendment also mandates that the incumbent president must remove the first vice president and the other vice presidents within three months of the election date, as stipulated by Article 105(2) of the Transitional Constitution. This significant change to the executive structure precedes the country's next general elections, which are officially slated for December 22, 2026, following several postponements of the transitional period.

Beyond the executive changes, the amended law introduces significant reforms to how elections are managed at the state and administrative-area levels. The National Elections Commission is now tasked with establishing high committees and appointing their leadership and members. Each of these committees will consist of five individuals, including a designated state returning officer, streamlining the electoral process across various regions.

The legislation also broadens the scope of participation by granting voting rights to South Sudanese nationals residing abroad. These diaspora voters must possess valid South Sudanese passports and fulfill the necessary criteria for electoral register enrollment, marking a notable expansion of the electorate.

Furthermore, the `South Sudan legislative assembly composition` is set to change. The National Legislative Assembly will now comprise 332 members. Of these, half will be elected to represent specific geographical constituencies. Another 35% will be chosen through proportional representation from closed party lists designated for women, while the remaining 15% will be filled via proportional representation from general closed party lists. This 332-member structure aligns with a bill previously presented to lawmakers. Additionally, 66 members will be appointed to represent specific groups, including veterans, organized forces, minorities, and persons with special needs.

The passage of the `National Elections Act 2012 Amendment Bill 2026` was not without contentious debate, particularly regarding the optimal size of governmental institutions and its impact on national unemployment. Michael Makuei Lueth, the Minister of Parliamentary Affairs, vocally advocated for a reduction in government scale, including the parliament, as a necessary measure to address the country's employment challenges.

Minister Makuei urged lawmakers to prioritize the broader public interest over their individual political positions, emphasizing that legislation should serve the people of South Sudan rather than the self-preservation of elected officials. He encouraged members to detach themselves from the immediate personal consequences of the bill's passage, accepting its outcomes regardless of whether they retained their seats.

Makuei highlighted the substantial size of the transitional government, noting its five vice presidents, 35 ministers, 10 deputy ministers, and numerous chairpersons of commissions and committees. He argued that such a large governmental structure necessitated efforts towards reduction, framing the debate around the bill as an opportunity to address this issue.

The newly enacted legislation carries profound implications for the `South Sudan 2026 elections` and the nation's political trajectory. The provision allowing President Salva Kiir to remain in office with full constitutional powers throughout the election period, while simultaneously requiring the exit of the first vice president and other vice presidents three months prior to polling, stands out as one of the most impactful changes.

This specific clause, which dictates the `South Sudan election bill Kiir VPs exit`, fundamentally reshapes the executive landscape leading up to the elections. It ensures continuity of presidential authority while mandating a significant alteration in the composition of the vice presidency just before the electoral contest. With the National Elections Commission having confirmed December 22, 2026, as the election date, these provisions will directly influence the political dynamics and power structures during the critical pre-election phase.

Lawyers advising clients on political risk, governance, or human rights in South Sudan must understand the implications of the amended National Elections Act, 2012. The changes to presidential tenure, the exit of vice presidents, and electoral administration will shape the 2026 elections and future political stability.

Source: Original reporting via The East African