Extension of Election: A test on South Sudanese Patience

Reference to statement posted on the official Facebook page of presidency dated 13th September 2024, which reads in part, “Presidency reaches consensus to extend transitional period by two years; adjourns elections to December 2026”.This move, if done in good faith, will allow parties to the agreement to implement critical pending provisions of the agreement which inter-alia include, permanent constitution, census and registration of political parties. However, public perception is that the political elite of South Sudan have continued with their neglect of the masses in key decision making and impose themselves onto the people of South Sudan through unending postponement of elections.

However, the critical and fundamental questions to be asked in this article include but not limited to: (1) Whether or not there is public trust in this government to organize and hold elections as demanded? (2) Is it convincing that this time around, they (parties to the agreement) will portray political will to implement the agreement in letter and spirit? (3)What should be done to align the will of the people with the agreement?

Firstly, the public outcry on the decision in question is attributed to the prevailing human suffering resulting from civil wars coupled with denial of citizens’ democratic right to vote in leaders of their choice in an election. While the decision of the presidency is not final pursuant to Art. 8.4 of the agreement and Art. 199 of the TCRSS, it is important to note that the legal implications surrounding elections can’t allow free, fair and credible elections as required by the agreement.

In this case, it is up to citizens to decide whether to welcome or oppose the decision but the reality lies in the past six years of the agreement. This means that, any concerned and informed citizen cannot be convinced by mere statement of the politicians. In layman’s term, the current government will lose legitimacy from the citizens if it continues to overstay in power which clearly undermines the fundamental rights of the citizens; the right to vote and the right to be involved in decision making through elected members of parliament.

In fact, the decision by the parties to the agreement and the so-called executive to postpone the elections clearly indicates lack of ethic in the leadership of our country. It should be made clear that the endorsement of extension of election by presidency, council of ministers and possibly assembly and other signatories to the agreement is a test to South Sudanese patience.

Considering the legal complexity of this matter, the Elections Act 2023 stipulates that by 22nd September, the R-TGONU should be dissolved three months before the conduct of the elections which is fast approaching. This is impossible because after this, the process of conducting elections should start which is not possible given the fact that the NEC is behind schedule as far as readiness for the conduct of election is concerned. It is at all not convincing on the ground that, these are political statements that are not supported by any genuine excuses.

However, any attempt to amend the agreement and the constitution stands a chance of being challenged before any competent court as expressed by Dr. Luka Biong.

Therefore, in order for the current leadership to win public trust without prejudice to the provisions of the constitution and the agreement, the current government should be dissolved. The dissolution should affect the presidency. The care-taker government should be instituted and empowered to organize elections within six months’ period.

Writer is a third year law student at the University of Juba and this article does not represent the institution he is working for.

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