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South Sudan Passes Election Law Ending Power-Sharing

By Geopolitics Desk · · 2 min read
A legislative chamber with rows of empty wooden desks and a central podium

South Sudan's parliament approved amendments allowing President Kiir to retain full powers, a move critics call a parliamentary coup.

Key points

  • South Sudan's parliament passed amendments allowing President Salva Kiir to retain full powers during the election period.
  • The new law enables the president to dismiss vice presidents and dissolve the transitional government within three months of voting.
  • Analyst Abraham Awolich described the move as a 'parliamentary coup' that undermines the 2018 peace agreement's power-sharing structure.

South Sudan has effectively dismantled the power-sharing framework of its transitional government following the passage of controversial amendments to the National Elections Act. Political analyst Abraham Awolich described the legislative move as a "parliamentary coup," warning that it concentrates authority in the presidency and undermines the collective leadership structure established by the 2018 peace agreement.

The amendments, signed into law by President Salva Kiir hours after parliamentary approval, allow the incumbent president to remain in office with full constitutional powers throughout the upcoming election period. The new provisions also grant the president the authority to dismiss the first vice president and other vice presidents, potentially dissolving the transitional cabinet within three months of the scheduled December 22 vote.

Undermining the 2018 Peace Framework

According to Awolich, the changes represent a significant departure from the Revitalized Agreement on the Resolution of the Conflict in South Sudan, which brought opposition leader Riek Machar and other groups into government. He argued that the legislation severs the link between elections, the permanent constitution-making process, and a national census, thereby bypassing essential institutional foundations for a stable transition.

The analyst characterized the move as the culmination of a slow-motion process of abrogation of the peace deal. By removing the collegial presidency, the law creates a government headed solely by the president, eliminating the shared executive power that was central to the post-war settlement. Awolich stated that this indirect constitutional amendment effectively dissolves the broader political architecture intended to manage the transition toward a permanent constitutional order.

Constitutional Concerns and Legislative Process

Critics question the constitutional basis for allowing the president to retain office while removing the vice presidents, a structure that the 2018 agreement conceived as a collective presidency. Awolich noted that if the legal basis for the vice presidential offices is dissolved, the entire presidency should theoretically be affected. He warned that this selective retention of power could trigger a constitutional crisis and destabilize the security environment during the electoral transition.

The handling of the legislation has also drawn sharp criticism regarding due process. According to reports from Radio Tamazuj, lawmakers rushed the amendments without sufficient debate. Awolich alleged that some legislators were offered vehicles or equivalent cash in exchange for their support, raising serious questions about the integrity of the parliamentary process and the transparency of the decision-making behind the new election law.

Future Implications for Electoral Stability

The central question now is whether these changes will lead to genuine general elections or instead consolidate presidential power. Awolich argued that the primary intention behind the amendments is to remove the power-sharing constraints imposed on President Kiir rather than to facilitate a competitive electoral process. He warned that the removal of vice presidents and the weakening of transitional arrangements could create a vacuum in governance, potentially exacerbating tensions between political factions.

As South Sudan moves toward the December vote, the role of monitoring bodies such as the Reconstituted Joint Monitoring and Evaluation Commission will be closely watched. The next steps will involve observing how the executive exercises its new powers in the coming months and whether the international community and domestic stakeholders can intervene to preserve the integrity of the transition. The stability of the region may hinge on the ability to maintain a functional dialogue between the presidency and other political actors.

Based on reporting by radiotamazuj.org, compiled by the Tradingbird desk.

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