South Sudan’s National Legislature has passed the National Elections Act, 2012 (Amendment) Bill, 2026, following a tense debate over the size of government, unemployment, parliamentary representation and the country’s planned elections.
The legislation, presented by Dengtiel Ayuen Kuur, chairperson of the Committee on Legislation and Legal Affairs, introduces changes to the conduct of general elections, voter registration and the composition of national and state legislatures.
A key provision states that the incumbent president will remain in office throughout the election period with full constitutional powers until the elected president takes over.
Under the 2018 peace agreement, the presidency comprises President Salva Kiir, First Vice President Riek Machar and four other vice presidents.
The arrangement was formed in February 2020 as part of the peace deal’s implementation.
The amendment further provides that, within three months of the election date announced by the National Elections Commission, the incumbent president shall remove the first vice president and the other vice presidents in accordance with Article 104(2) of the Transitional Constitution.
The Bill also empowers the president to dissolve the National Legislature, state legislative assemblies and state governments within three months of the election date.
Another provision allows the incumbent president to partially dissolve the national government and make appointments to key positions.
Prisoners will be granted the right to participate in elections or referendums in accordance with the law.
The voter register must be made public at least six months before an election to allow registered voters to check its accuracy.
The commission is required to open voter registration within 60 days of the notice of a general election for a period of at least 15 days, and may conduct an audit of the register at least six months before polling.
The nomination period is set between 90 and 60 days before polling.
The commission must publish the nomination dates through the official gazette or two nationwide newspapers, as well as on its website and through electronic media.
The campaign period, to be determined by the commission, may not exceed 45 days and must end one day before polling.
The legislation also extends voting rights to South Sudanese nationals living outside the country who hold valid passports and meet the registration requirements.
Under the amended law, the National Legislative Assembly will comprise 270 members: 50% elected from geographical constituencies, 35% through proportional representation from women’s closed party lists, and 15% through proportional representation from closed party lists.
An additional 66 members will be appointed to represent veterans, organised forces, minorities and persons with special needs.
At state level, the Bill provides for 580 members across the 10 states, with each state allocated 58 members.
Half will represent geographical constituencies and the other half will be elected through proportional representation from closed lists, including provisions for 35% women’s representation.
The changes come as South Sudan prepares for elections scheduled for 22 December 2026.
The National Elections Commission has confirmed the date.
Debate Over the Size of Government
During the debate, Minister of Parliamentary Affairs Michael Makuei Lueth argued that reducing the size of government institutions, including parliament, is necessary to address unemployment.
He urged lawmakers to prioritise the public interest over protecting their own positions and to distance themselves from the legislation.
Makuei pointed to the current size of the transitional government, citing five vice presidents, 35 ministers, 10 deputy ministers and numerous commission and committee chairpersons.
He said downsizing should begin with parliament because lawmakers are responsible for making the laws.Paul Joseph Agau, a lawmaker representing Yirol West in Lakes State under the National Democratic Movement (NDM), rejected the argument.
He accused Makuei of misleading the public and parliament, saying South Sudan’s economic crisis cannot simply be attributed to the size of government.
Agau noted that lawmakers themselves have not been receiving adequate salaries and warned against using the election process to justify what he described as a rushed amendment of the law.
He further argued that parliament was established under the peace agreement and that changes affecting the agreement could have legal implications.
The bill was initially tabled for first reading on 16 September, with Justice and Constitutional Affairs Minister Wek Mamer Kuol stating that the changes were intended to harmonise the electoral law with the Transitional Constitution.
Under Article 85(1) of the Transitional Constitution, the president has 30 days to assent to and sign a bill once it has been passed by the National Legislature.
Analyst Questions the ProvisionsSouth Sudanese policy analyst Abraham Awolich has questioned the provision that allows the president to retain full powers before and during elections while requiring the five vice presidents to leave office.
He said the move lacks a convincing legal basis.Awolich, co-founder of the People’s Coalition for Civil Action (PCCA), argued that while there may be a practical need for an executive leader during elections to ensure the government continues to function, any such arrangement should apply to the presidency as a whole, including the vice presidents.
“There has to be an executive leader making decisions,” he said. “But if you say the office of president should operate, then it is the presidency. The vice presidents should stay if you want to convince us.”
He questioned the legal basis for removing the five vice presidents while retaining President Kiir, stating: “You dissolve an office, not individuals, not personalities. If you want to dissolve the presidency for elections, then dissolve it.”
Awolich argued that the arrangement would concentrate executive authority in the president’s office and alleged that it would undermine the 2018 peace agreement.
“The intention really is to kill the revitalized peace agreement once and for all, and to get rid of the vice presidents, while you keep the status quo,” he said.
