By Alan Clement
South Sudan’s National Elections Commission (NEC) has raised alarm over unresolved contradictions in the country’s legal framework, warning they could undermine the peace agreement and delay credible elections scheduled for December 2026.
Speaking at a workshop on Women in Media and Political Transition last week, NEC Secretary General Gabriel Bol Deng outlined progress and challenges in the electoral process. He emphasized that inconsistencies between the Constitution, the National Elections Act, and the Local Government Act must be urgently harmonized to ensure a legitimate and peaceful vote.
“For a democratic government, the judiciary, executive, and legislature must be reflected at both state and local levels. But our laws are not consistent. These contradictions must be resolved before we can hold free and fair elections,” Bol said.
The workshop, organized by the Union of Journalists of South Sudan (UJOSS) with support from UNMISS, aimed to empower women journalists to engage in constitution-making and electoral processes.
Held under the theme “Enhancing Women’s Participation in Democratic Processes in South Sudan,” it encouraged female media professionals to take active roles in civic education, political reporting, and peacebuilding.
In his presentation, Bol detailed several legal contradictions uncovered by NEC’s technical and legal teams. A key issue is the conflict between the Constitution, which states that chief administrators of the three administrative areas are appointed by the President, and the Elections Act, which mandates they be elected.
He also noted that the Local Government Act lacks a clear definition of local council structures, despite the Elections Act assuming a standardized system exists. Additionally, Bol highlighted a numerical inconsistency in the composition of the National Legislature.
“Five percent of 333 members equals 16.6. If rounded to 17, the total becomes 334 not 333,” he explained, warning that such ambiguities could spark disputes.
NEC Director of Planning Ahon Malueth echoed these concerns, stressing that unclear figures and provisions could be exploited. “When you add proportional representation for women and other groups, the numbers no longer match,” he said.
“The Act must be clear and use whole numbers; otherwise, it will cause disputes,” he added.
The Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS), signed in 2018 and extended in 2024, requires elections to follow the completion of a permanent constitution, a national census, and harmonization of key laws. NEC officials cautioned that delays in these processes could jeopardize the peace deal’s credibility.
“Elections cannot happen in a legal vacuum,” Deng said adding “Every law must be accompanied by clear rules and procedures. The legal framework is the foundation for a peaceful and credible election.”
He revealed that NEC has submitted its findings and recommendations to the Ministry of Justice, urging it to present the necessary amendments to the Council of Ministers and Parliament.
“We’ve engaged the Presidency, the High-Level Standing Committee, and the Ministry of Justice. It’s now up to the Ministry to act. Without these amendments, it will be impossible to conduct a credible election,” he said.
Malueth added that the implications of these legal gaps go beyond technicalities. “If not addressed, they could be used by parties to challenge results or reject the process,” he warned.
“That would not only disrupt the elections; it would threaten the stability the peace agreement was meant to protect,” he added.
Gabriel Bol Deng also commended women journalists for their participation and urged them to use their platforms to promote civic awareness and accountability. “When citizens know the law, they can defend their rights peacefully,” he said.
He added, “Your role is to ensure no one manipulates this process and that citizens understand their right to vote and be represented.”
The Secretary General reiterated NEC’s call for swift legal harmonization. “Clarity of law, regulations, and procedures is the key to successful elections,” he said.
“If these elements are aligned, South Sudan can achieve an inclusive, fair, and uncontested framework a milestone toward peaceful democracy,” he concluded.