South Sudan Has Removed the Legal Obstacles to Voting in December
SOUTH SUDAN · POLITICS
Key Facts
—The signature: President Salva Kiir assented on 2 September to constitutional amendments intended to remove legal obstacles to elections.
—The instrument: It is the Transitional Constitution of the Republic of South Sudan, 2011 (Amendment No. 13) Act, 2026.
—The route: The bill was passed by the Transitional National Legislature and presented for assent under Article 85 of the Transitional Constitution.
—What it changes: It delinks the permanent constitution-making process and the National Population and Housing Census from the conduct of national elections.
—The date: Elections are intended to take place in December 2026.
—The official line: Presidential Affairs Minister Africano Mande Gedima called it a historic milestone and said it removes obstacles to citizens electing their leaders.
—The history: Elections have been postponed repeatedly since independence in 2011, amid difficulties implementing the 2018 Revitalised Peace Agreement.
—The catch: Removing the legal obstacles is not the same as holding the vote: the December date has slipped twice before.
South Sudan elections in December are now legally possible, after President Salva Kiir signed a constitutional amendment that cuts the vote free from two processes that had been holding it hostage. The permanent constitution and the national census no longer have to be finished first.
What the amendment does
The Transitional Constitution of the Republic of South Sudan, 2011 (Amendment No. 13) Act, 2026 was passed by the Transitional National Legislature and presented for presidential assent under Article 85. Kiir signed it in Juba on 2 September.
Its central effect is to delink the permanent constitution-making process and the National Population and Housing Census from the conduct of national elections. Both had previously been treated as prerequisites.
Africano Mande Gedima, the minister of presidential affairs, told reporters the changes remove key obstacles that could delay the electoral process. He described the moment as a historic milestone.
Why those two processes were blocking everything
A permanent constitution defines who may stand, how power is divided and what the state actually is. Writing one in a country still implementing a peace agreement has proved impossible on any timetable.
A census determines constituencies. Without one, seats cannot be apportioned by population, and any apportionment becomes contestable.
Delinking both is pragmatic and creates a real problem. An election held without either will produce a legislature whose boundaries and mandate rest on older, weaker foundations.
What the South Sudan elections would settle
The country has never held a national election since independence in 2011. The current arrangement rests on the 2018 Revitalised Peace Agreement and a series of extensions.
A vote would, in principle, replace a negotiated distribution of offices with a mandated one. That is a meaningful change in a system where positions have been allocated between signatories.
It would also test whether opposition parties can organise and campaign, which is a different question from whether ballots are counted correctly.
The political weather is not calm
The main opposition movement is in the middle of a leadership dispute, with reporting from Juba describing the suspension of a senior figure and questions about who authorised it. Its armed wing has publicly ruled out internal fighting.
Violence continues in several states, including an attack on an army barracks in Warrap reported this week. Security conditions vary sharply by region.
None of this is disqualifying on its own. All of it affects whether a December vote can be conducted uniformly across the country.
The oil question sitting underneath
South Sudan’s public finances rest almost entirely on crude exported through Sudan, which means its budget is hostage to a neighbour’s war. Pipeline disruptions have repeatedly cut revenue.
Elections cost money, and an election commission cannot function on arrears. The financing of the process is a live constraint that has already drawn public comment in Juba.
Any investor reading this file should treat the electoral timetable and the oil export timetable as one question rather than two.
What outside actors are doing
United Nations human rights experts are travelling to South Sudan as the government pushes ahead with the electoral timetable. Their assessments will shape international recognition of any result.
Regional bodies have generally pressed for elections to be held rather than extended again. Fatigue with transitional arrangements is real.
Recognition matters commercially as well as politically. It determines access to concessional finance.
The honest reading
Removing a legal obstacle is not the same as being ready. The amendment makes a December vote lawful; it does not make it administratively feasible.
Voter registration, constituency delimitation, security arrangements and funding all remain to be demonstrated. Each has failed to materialise before.
The most likely outcomes remain a delayed election or a partial one. The amendment simply removes the excuse that the constitution made it impossible.
What to watch
The first marker is the publication of an electoral calendar with registration dates. Without registration there is no vote.
The second is the funding of the National Elections Commission, and whether the budget line is released.
The third is whether opposition parties accept the amended framework or challenge it. A boycott would change the meaning of any result.
Frequently Asked Questions
What did President Kiir sign?
He assented on 2 September 2026 to the Transitional Constitution of the Republic of South Sudan, 2011 (Amendment No. 13) Act, 2026, passed by the Transitional National Legislature.
What does the amendment change?
It delinks the permanent constitution-making process and the National Population and Housing Census from the conduct of national elections. Both had previously been treated as prerequisites.
When are elections due?
They are intended to take place in December 2026. South Sudan has not held a national election since independence in 2011.
Does this mean the vote will happen?
Not necessarily. The amendment removes a legal obstacle, but voter registration, constituency delimitation, security and funding all still have to be delivered.
Why is funding a problem?
South Sudan’s revenue depends almost entirely on crude exported through Sudan, and pipeline disruptions have repeatedly cut income. Election financing has already drawn public comment in Juba.
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