By Adv. Beny Gideon Mabor
The Republic of South Sudan is now at a difficult crossroads between holding general or partial elections or no elections at all in the country. As governments are established with specific mandatory periods, elections are the only such modus operandi for renewing or bringing on board a new government. If this is not done regularly or if there are any challenges associated with it, then we call it a constitutional crisis. Legally speaking, a constitutional crisis is a situation in which a major political dispute can not be clearly resolved on the basis of the particular country’s constitution or established practice. This is where South Sudan is standing today.
On 5th July, 2024, the Chairperson of the National Elections Commission, Prof. Abednego Akok Kacuol exercised his constitutional obligations in discharge of legal processes governing general elections in the country and subsequently announced the election date in South Sudan to be 22nd December 2024.
This is in pursuance to the provision of section 16 (1) of the National Elections Acts 2012 as amended, which provides that “whenever an election is to be held, the commission shall determine and announce the date in accordance with the constitution and published it in the official gazette or two newspapers of nationwide circulation and on the commission website and mass media, a notice of the holding of election at least six (6) months before the date of elections”. This has been done and considered running the electoral countdown.
On the same token, there’s no holding of general elections with the government intact. Section 16 (2) of the National Elections Acts 2012 as amended provides that “upon announcement of the date of elections by the commission, the President, shall within three months to the election date, dissolve the National Legislature, State Legislative Assemblies, the National Government, and State Governments, except the President, the First Vice President and four Vice Presidents are to remain in their positions in accordance with section 16 (4) of the National Elections Act 2012 as amended during the elections period until taking over of the next President.
It’s against this background that three months to the election date will end on 22nd September 2024. This means that if there are going to be elections on the aforementioned date, then the partial legitimacy of the government will end on 22nd September 2024, which is precisely one month from today, 21st August 2024, and the President is by this legal obligation expected to dissolve the government at all levels on the same date, with the exception of the Presidency.
On the other hand, if there are no elections to be held as announced by the Chairperson of the National Elections Commission, which is interrupted by political decisions, then the political forces and other relevant stakeholders, considering the ongoing political processes, both at home and away need to urgently reconvene a new political dialogue now to come up with a new political order which will be the basis to extend the lifespan and the political and constitutional legitimacy of the government.
As many of you are aware or not, it’s only section 57 (1) of the National Elections Act 2012 as amended that mandated the National Elections Commission to postpone elections if it becomes impossible to conduct the election by reason of proven occurrence of an imminent danger that threatens country or state for the case of the state Governor, or any part thereof, or in the event of a declaration of a state of emergency according to article 189 of the Transitional Constitution of the Republic of South Sudan 2011 as amended throughout the country, state or any part thereof; provided that the commission shall fix a new date for elections as soon as possible, which shall not exceed sixty days from the original date established for such elections.
Therefore, the postponement of elections, if any, is squarely a responsibility of the parties to the Revitalized Agreement on the Resolution of Conflict in the Republic of South and other stakeholders and not the National Elections Commission. If the consensus is reached with viable political dispensation or order, then it shall be subsequently incorporated into the constitutional amendments and electoral governance calendar for the government to hold the general elections in the country.
Adv. Beny Gideon Mabor is the Undersecretary for the Ministry of East African Community Affairs, and this review is solely that of the author.
The views expressed in ‘opinion’ articles published by Radio Tamazuj are solely those of the writer. The veracity of any claims made is the responsibility of the author, not Radio Tamazuj.