Election bill gives Kiir full powers as VPs face three-month exit

By Emmanuel Mandella

Salva Kiir Mayardit, President of the Republic of South Sudan. [Photo: Courtesy].

South Sudan’s Justice Minister has tabled an amended election bill proposing that the incumbent President remain in office with full constitutional powers during the election period, while the First Vice President and other Vice Presidents would be sacked three months before polling day.

Dr. Wek Mamer Kuol, Minister of Justice and Constitutional Affairs, presented the National Elections Commission Act 2012 Amendment Bill 2026 before the Transitional National Legislature on Wednesday.

The bill has since been referred to the Legislation Committee for scrutiny and further consideration.

Under the proposed amendment, the incumbent President would continue exercising all constitutional powers throughout the election period.

The First Vice President and the other Vice Presidents, however, would be relieved of their positions three months before the scheduled election date.

Parliamentary spokesperson Oliver Mori said the provision is contained in the bill, which consists of two chapters and 17 sections.

“During the time of elections, the incumbent President will remain in office with all his powers as stated in the Constitution,” Mori said.

The proposed changes come as South Sudan prepares to transition from the Revitalized Transitional Government of National Unity to an elected government following years of delays in implementing key provisions of the 2018 Revitalized Peace Agreement.

The peace agreement established a collective Presidency comprising the President, First Vice President and four Vice Presidents as part of a power-sharing arrangement.

Mamer stated that the amendment is intended to address inconsistencies in the existing electoral law and bring it into conformity with the Transitional Constitution and other relevant legislation.

“The prime purpose of this bill is to amend provisions of the National Election Act 2012 in order to harmonize the inconsistencies and ensure its conformity with the Transitional Constitution of the Republic of South Sudan 2011 as amended and any other relevant provision,” he said.

The proposed legislation also seeks to restructure the country’s next elected parliament.

Under the bill, the next parliament would have 332 members, replacing the current 550-member transitional legislature established under the 2018 peace agreement.

Mori noted that the proposed 332 seats would be divided into three categories: 50 percent for geographical constituencies, 35 percent reserved for women and 15 percent allocated through party lists.

The transitional parliament was expanded to 550 members under the peace agreement as part of the power-sharing arrangements among the parties to the conflict.

The government has previously extended the transitional period as key provisions of the peace agreement remained unimplemented, including preparations for the country’s first post-independence elections.

The Elections Amendment Bill is now before the Legislation Committee, which is expected to scrutinize its provisions before the bill returns to the National Legislature for further consideration.

 

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