{"id":41050,"date":"2025-11-11T12:12:36","date_gmt":"2025-11-11T10:12:36","guid":{"rendered":"https:\/\/www.onecitizendaily.com\/?p=41050"},"modified":"2025-11-11T12:12:36","modified_gmt":"2025-11-11T10:12:36","slug":"nec-warns-legal-contradictions-could-derail-south-sudans-2026-elections","status":"publish","type":"post","link":"https:\/\/www.onecitizendaily.com\/index.php\/2025\/11\/11\/nec-warns-legal-contradictions-could-derail-south-sudans-2026-elections\/","title":{"rendered":"NEC warns legal contradictions could derail South Sudan\u2019s 2026 elections"},"content":{"rendered":"

By Alan Clement<\/em><\/strong><\/p>\n

South Sudan\u2019s National Elections Commission (NEC) has raised alarm over unresolved contradictions in the country\u2019s legal framework, warning they could undermine the peace agreement and delay credible elections scheduled for December 2026.<\/p>\n

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.<\/p>\n

\u201cFor 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,\u201d Bol said.<\/p>\n

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.<\/p>\n

Held under the theme \u201cEnhancing Women\u2019s Participation in Democratic Processes in South Sudan,\u201d it encouraged female media professionals to take active roles in civic education, political reporting, and peacebuilding.<\/p>\n

In his presentation, Bol detailed several legal contradictions uncovered by NEC\u2019s 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.<\/p>\n

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.<\/p>\n

\u201cFive percent of 333 members equals 16.6. If rounded to 17, the total becomes 334 not 333,\u201d he explained, warning that such ambiguities could spark disputes.<\/p>\n

NEC Director of Planning Ahon Malueth echoed these concerns, stressing that unclear figures and provisions could be exploited. \u201cWhen you add proportional representation for women and other groups, the numbers no longer match,\u201d he said.<\/p>\n

\u201cThe Act must be clear and use whole numbers; otherwise, it will cause disputes,\u201d he added.<\/p>\n

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\u2019s credibility.<\/p>\n

\u201cElections cannot happen in a legal vacuum,\u201d Deng said adding \u201cEvery law must be accompanied by clear rules and procedures. The legal framework is the foundation for a peaceful and credible election.\u201d<\/p>\n

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.<\/p>\n

\u201cWe\u2019ve engaged the Presidency, the High-Level Standing Committee, and the Ministry of Justice. It\u2019s now up to the Ministry to act. Without these amendments, it will be impossible to conduct a credible election,\u201d he said.<\/p>\n

Malueth added that the implications of these legal gaps go beyond technicalities. \u201cIf not addressed, they could be used by parties to challenge results or reject the process,\u201d he warned.<\/p>\n

\u201cThat would not only disrupt the elections; it would threaten the stability the peace agreement was meant to protect,\u201d he added.<\/p>\n

Gabriel Bol Deng also commended women journalists for their participation and urged them to use their platforms to promote civic awareness and accountability. \u201cWhen citizens know the law, they can defend their rights peacefully,\u201d he said.<\/p>\n

He added, \u201cYour role is to ensure no one manipulates this process and that citizens understand their right to vote and be represented.\u201d<\/p>\n

The Secretary General reiterated NEC\u2019s call for swift legal harmonization. \u201cClarity of law, regulations, and procedures is the key to successful elections,\u201d he said.<\/p>\n

\u201cIf these elements are aligned, South Sudan can achieve an inclusive, fair, and uncontested framework a milestone toward peaceful democracy,\u201d he concluded.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

By Alan Clement South Sudan\u2019s National Elections Commission (NEC) has raised alarm over unresolved contradictions in the country\u2019s 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[Read More…]<\/a><\/p>\n","protected":false},"author":6,"featured_media":41052,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[79,4],"tags":[],"class_list":["post-41050","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","category-politics"],"jetpack_featured_media_url":"https:\/\/www.onecitizendaily.com\/wp-content\/uploads\/2025\/11\/ELECTIONS-1.jpg","_links":{"self":[{"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/posts\/41050","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/comments?post=41050"}],"version-history":[{"count":1,"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/posts\/41050\/revisions"}],"predecessor-version":[{"id":41053,"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/posts\/41050\/revisions\/41053"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/media\/41052"}],"wp:attachment":[{"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/media?parent=41050"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/categories?post=41050"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.onecitizendaily.com\/index.php\/wp-json\/wp\/v2\/tags?post=41050"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}