In a significant legal challenge, a collective of South Sudanese lawyers has filed a petition in the Constitutional Court of South Sudan, contesting the government’s decision to extend the transitional period by two years. This extension, which delays the general elections until December 2026, was authorized by the administration of President Salva Kiir Mayardit. The lawyers argue that the extension is unconstitutional and violates the stipulated timeframe for the conduct of elections, hence urging the court to annul this decision as unconstitutional and null and void.
Deng John Deng, a prominent lawyer among the petitioners, emphasized the group’s stance outside the courthouse, stating, “We challenge the legality and constitutionality of the transitional period by 24 months in the Republic of South Sudan.” Deng further mentioned on behalf of the group that they will demand the court instruct the government to adhere to the original electoral timeline. More details on the petition can be found here.
International actors who had guaranteed peace agreements also weighed in on the controversy. They have expressed their disapproval of the government’s decision, suggesting it represents a failure to comply with the 2018 peace agreement’s mandates. The collective criticism from peace guarantors can be viewed here.
The government has defended its decision, arguing that the extension is necessary to finalize the permanent constitution and to ensure national consensus on several critical issues. They argue that more time is needed to prepare adequately for successful elections. This decision was ratified by the parliament following endorsement by the cabinet. For previous context, the transitional government had extended its period once before, in September 2022, to avoid exacerbating violence amid ongoing civil conflicts, as detailed here.
Moreover, the Minister for Cabinet Affairs has assured the public that the government aims to use the additional time to implement the Revitalized Agreement of the Resolution of the Conflict in South Sudan (R-ARCSS), a framework designed to address power-sharing issues and promote lasting peace in the region.
For more information on the unfolding legal proceedings, you can read the full article on JURIST.