SSPDF: Military Personnel Must Resign to Contest Elections

In South Sudan, the South Sudan Peoples Defence Forces (SSPDF) recently issued a directive requiring all active-duty soldiers to resign from military service if they intend to contest in the December 2026 General Elections.

The SSPDF, through its Spokesperson Maj. Gen. Lul Ruai Koang, formally announced that military personnel aspiring to participate in the upcoming December 22, 2026 General Elections must first tender a written resignation letter to the SSPDF's Assistant Chief of Defence Forces for Administration, Personnel and Finance. This directive, titled “Resignation from Military Service, a prerequisite to contest in December 2026 General Elections,” explicitly states that upon successful receipt of the resignation, the command will release the individual without undue delay. This move follows President Salva Kiir Mayardit's Republican Order No. 27/2021, issued on December 31, 2021, which already prohibited active-duty military and regular forces from engaging in political activities or community leadership. The current directive reinforces this existing prohibition by setting a clear procedural requirement for those wishing to transition from military service to political candidacy.

This directive holds significant legal and political implications for South Sudan, particularly as the nation prepares for its first general elections since independence. For practitioners, it clarifies the legal pathway for military personnel seeking to enter the political arena, ensuring a formal separation of powers and roles. The key parties involved are the SSPDF command, represented by its Spokesperson Maj. Gen. Lul Ruai Koang, and potentially thousands of active-duty servicemen and servicewomen who might harbor political ambitions. President Salva Kiir Mayardit's earlier Republican Order forms the foundational legal basis for this directive, highlighting a consistent, albeit sometimes inconsistently applied, policy to depoliticize the military. The excerpt notes an interesting tension where President Kiir himself has appointed soldiers to political positions despite his own order, which could lead to future legal challenges regarding the consistent application of these rules.

The legal context for this directive is rooted in South Sudan's constitutional framework and military regulations, which generally aim to maintain the neutrality and professionalism of the armed forces by separating them from partisan politics. Republican Order No. 27/2021 serves as a direct precedent and statutory basis for the SSPDF's current instruction, reinforcing the principle that active military service is incompatible with political candidacy. While the specific constitutional provisions or military acts are not detailed in the excerpt, the existence of such an order from the President indicates a high-level commitment to this principle. For attorneys advising clients in South Sudan, particularly those with military backgrounds or businesses interacting with former military personnel, it is crucial to understand this clear procedural requirement for political participation. Practitioners should monitor how consistently this directive is applied, especially given the historical precedent of soldiers being appointed to political roles, and advise clients on the strict adherence to resignation procedures to avoid disqualification or legal disputes related to their eligibility for public office. The outcome of any potential challenges to the consistency of application of these rules is not yet reported.