South Sudan: VPs Removal Election Bill Debated Ahead of 2026 Vote

• South Sudan's general election is scheduled for December 22, 2026, under a transitional constitutional order shaped by the R-ARCSS.
• A bill tabled on September 16, 2026, proposes amending the National Elections Act, 2012, to relieve all Vice Presidents three months before polling day while the President retains full powers.
• This proposed South Sudan VPs removal election bill raises constitutional questions about whether ordinary legislation can alter the tenure of constitutional offices established by a peace agreement.
• The Transitional Constitution Article 105 outlines specific mechanisms for Vice President removal, requiring either presidential action or a two-thirds parliamentary vote of no confidence, not an ordinary election law.
• The ongoing parliamentary consideration of this South Sudan National Elections Act amendment will clarify the hierarchy of legal instruments and the limits of legislative power in the country.

The proposed South Sudan VPs removal election bill, tabled on September 16, 2026, introduces a notable change to the country's leadership structure during the electoral period.

South Sudan is currently operating under a transitional constitutional framework largely shaped by the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), which was signed on September 12, 2018. The nation is preparing for its general election, officially confirmed by the National Elections Commission for December 22, 2026. Against this backdrop, the Transitional National Legislative Assembly is deliberating a significant amendment to the existing National Elections Act, 2012.

The proposed South Sudan VPs removal election bill, tabled on September 16, 2026, introduces a notable change to the country's leadership structure during the electoral period. Under its provisions, the incumbent President would retain all constitutional powers and remain in office throughout the election. Conversely, the First Vice President and all other Vice Presidents would be relieved of their duties three months prior to the scheduled polling day.

This South Sudan National Elections Act amendment is still undergoing parliamentary review and has not yet been enacted into law. While seemingly a straightforward adjustment to election procedures, the bill raises profound constitutional questions regarding the scope of legislative power and the stability of the R-ARCSS constitutional order as the country approaches the South Sudan 2026 election law.

The central legal challenge posed by the proposed South Sudan VPs removal election bill is whether an ordinary amendment to electoral legislation can legitimately alter the tenure and institutional standing of the First Vice President and other Vice Presidents. This includes removing the entire vice-presidential component of the transitional Presidency immediately before an election, while simultaneously allowing the President to exercise full constitutional executive authority. The resolution of this question necessitates an examination of South Sudan's constitutional hierarchy, which prioritizes the Transitional Constitution (as amended), followed by the R-ARCSS (as incorporated into the constitutional order), and finally, ordinary legislation governing elections.

Parliament's legislative authority is outlined in the Transitional Constitution. Article 55(3)(a) grants the National Legislature the power to “consider and pass amendments to this Constitution,” while Article 55(3)(b) empowers it to enact legislation on matters assigned by the Constitution. These provisions confirm that Parliament possesses the competence to amend the National Elections Act. However, the more critical legal distinction lies in whether legislative competence over elections extends to amending, through an ordinary statute, a constitutional office whose tenure and powers have been specifically entrenched by a peace agreement integrated into the constitutional order.

Regarding the South Sudan Vice President tenure, the Transitional Constitution Article 105(2) specifies that a Vice President may be removed by the President or by a two-thirds vote of no confidence from all members of the National Legislative Assembly. Article 105(3) further states that if the office becomes vacant, the President appoints a replacement. Article 107 enumerates the circumstances under which the Vice-Presidential office becomes vacant, including relief from office under Article 105(2), resignation, certified incapacity, or death. These articles establish a lawful mechanism for a Vice President to leave office without automatically affecting the President's position. Crucially, Article 105(2) does not suggest that Parliament can simply declare, via an ordinary election law, that the Vice-Presidential office will expire at a predetermined point on the electoral calendar; its language pertains to removal linked to a specific two-thirds vote of no confidence.

The parliamentary debate surrounding the South Sudan VPs removal election bill is not merely an electoral matter but a fundamental constitutional one. It forces a clarification of the hierarchy of legal instruments within the nation's governance structure. The outcome will set a significant precedent regarding the scope of legislative power to alter entrenched constitutional offices, particularly those established or reinforced by the R-ARCSS constitutional order.

This situation underscores the delicate balance between legislative authority and constitutional safeguards, especially in a transitional political environment. The proposed amendment challenges the established mechanisms for Vice Presidential removal by seeking to implement a blanket expiration of tenure through an ordinary statute, rather than adhering to the specific conditions outlined in Transitional Constitution Article 105. This could have far-reaching implications for the stability and interpretation of South Sudan's constitutional framework as it moves towards its first general election.

Lawyers and constitutional experts in South Sudan should closely monitor the parliamentary debate and potential legal challenges to the proposed National Elections Act amendment. Its outcome will clarify the hierarchy of legal instruments (Constitution vs. ordinary law) and the scope of legislative power to alter entrenched constitutional offices, setting a critical precedent for future governance.

Source: Original reporting via Opinion| Election law or constitutional reordering