South Sudan’s electoral law establishes a clear, multi-stage process for the demarcation of geographical constituencies, ensuring transparency and providing legal avenues for stakeholders to raise objections. The process is governed by Part IV of the National Elections Act, 2012 (Amendment) Act, 2023.
Step 1: Calculation and Determination of Constituencies
-Section 40: The National Elections Commission (NEC) must first calculate the national dividend by dividing the total population of South Sudan by 50% of the members of the National Legislative Assembly to be elected through geographical constituencies.
–Section 41: The NEC then determines the number of geographical constituencies in each state to represent 50% of the seats in the State Legislative Assembly.
Step 2: Demarcation and Preparation of Preliminary Report
–Section 42: The Commission demarcates constituency boundaries considering factors like population, community interests, geographical features, and administrative boundaries. It must conduct consultations with local civil society and communities, with special consideration for women, youth, and persons with disabilities.
-Section 43: The NEC prepares a preliminary report on the boundaries of geographical constituencies. This report must be promptly published in the Official Gazette or two newspapers with nationwide circulation and announced on the Commission’s website and in mass media. Copies must be submitted to the President, Governors, members of the National and State Legislative Assemblies, Chief Administrators, Council of States, Local Government Authorities, and political parties.
Step 3: Objections to the Preliminary Report
-Section 44(1): Objections to the Commission’s preliminary report may be made within 14 days from the date of its publication.
–Section 43(4): After considering any objections, the NEC publishes its decisions or any amendments to the preliminary report in the same manner (Gazette/newspapers/website/media) and submits them to the same list of authorities.
Step 4: Appeals to the Court
-Section 44(2): Objections to the Commission’s decisions (published under Section 43(4)) may be made to a Competent Court within 14 days from the date of that publication.
-Section 44(3): The Competent Court must decide on any submitted objection within 14 days.
-Section 44(4): An appeal against the decision of the Competent Court may be made to the Court within 14 days, which must also determine the appeal within 14 days. Its decision is final.
Step 5: Publication of the Final Report
-Section 45: Following any court rulings, the NEC prepares a final report and constituency maps. This final report includes the number of seats for each state’s geographical constituencies and the final boundaries. It must be promptly published in the Official Gazette or two newspapers with nationwide circulation and announced on the Commission’s website and in mass media.