What is an Election?
An election is a formal decision-making process in which people vote to choose their representatives based on set principles and laws.
Who conducts Elections in South Sudan?
As mandated by the Constitution and the National Elections Act of 2012 (as amended), the National Elections Commission (NEC) is solely responsible for the conduct of elections and referenda in South Sudan. This responsibility also includes the announcement of an election date. voter registration, nomination of candidates, recruitment and training of elections staff, dispute resolution and civic and voter education.
What is the exact mandate of the NEC?
The mandate of the NEC as enshrined in the NEA 2023 Section 15(1) states ‘The Commission shall take necessary step to ensure that all citizens, without discrimination are able to exercise and enjoy their political rights to nominate and be nominated for elections and to freely express their will in a secret ballot’.
Which elections are envisaged in South Sudan under the current laws?
- Presidential
- National Assembly
- Gubernatorial
- State Assemblies
- Chief Administrators
- Administrative Areas Legislative Councils
- Local Governments
Which other institutions have a mandate towards the conduct of elections?
Political Parties Council (PPC) which under the Political Parties Act (2012) is mandated to regulate and oversee the registration, operation and conduct of political parties; ensure compliance with affirmative action requirements; and mediate and resolve intra- and inter-party disputes;
National Constitutional Review Commission (NCRC) which under the Transitional Constitution of South Sudan (2011) is mandated to oversee the review and drafting of a new South Sudan constitution.
The Ministry of Justice and Constitutional Affairs is responsible for ensuring that electoral laws and regulations are properly developed and implemented as mandated in the Transitional Constitution of South Sudan (2011). It oversees the legal framework governing elections, including the enforcement of electoral laws and the protection of citizens' rights during the electoral process.
National Police Services (NPS) plays a crucial role in maintaining law and order during elections. Its mandate includes providing security at polling stations, protecting voters and electoral officials, and ensuring a peaceful electoral environment. The NPS is tasked with preventing and addressing any incidents of violence or intimidation related to the electoral process.
The National Bureau of Statistics (NBS) is responsible for collecting and disseminating statistical data essential for electoral processes. This includes voter registration data, demographic information, and any relevant statistical analysis that supports fair and transparent elections. Accurate data from the NBS is vital for informed decision-making and effective electoral planning.
How is the NEC structured?
The NEC is composed of nine (9) Commissioners appointed by the President and confirmed by the Transitional National Legislative Assembly (TNLA). These are the Chairperson, Deputy Chairperson, Chief Electoral Officer (CEO), and six (6) other Commissioners.
At the State level, the NEC, as required by law, has established state High Committees, composed of five (5) members appointed for six (6) years renewable for only one term. They are appointed on the recommendation of the Chairperson and by simple majority of the NEC. The High Committees members are responsible for administering and supervising elections and referenda at the state level. They perform all functions and powers related to the elections or referenda assigned to them by the NEC. The NEC has a Secretariat based in Juba, headed by a Secretary-General appointed by the Chairperson with the approval of a simple majority of the Commission members. The Secretariat is comprised of several directorates and departments that manage the operational, administrative, and financial affairs of the NEC.
What kind of electoral system is in place in South Sudan? What type of elections do we have in South Sudan?
For presidential elections, South Sudan employs a Two-Round System. This means that unless one of the candidates wins by an Absolute Majority (i.e., 50 percent plus one vote), a second round of elections will take place. For the National Assembly, the country uses a combination of the First-Past-the-Post system for 50% of the seats representing geographical constituencies and 15% of the seats filled from a closed party list based on Proportional Representation. Additionally, 35% of the seats are reserved for women, also based on a closed party list. The National Assembly has a total of 332 seats. A similar Mixed System applies to the election of state legislative assemblies. All other elections, including lower-level elections, are conducted under the Local Government Act.
What is the role of the NEC?
The NEC is responsible for overseeing and managing elections and referenda at various levels including for President, Governors, national and sub- national legislative bodies. The NEC’s specific responsibilities include:
- Conduct continuous registration of voters;
- Conduct comprehensive civic and voter education in collaboration with other agencies and non-state actors;
- Determine the geographic constituencies for elections;
- Regulate election campaigns and prepare the electoral symbols and list and prescribe the procedures for agent and observer accreditation;
- Take necessary actions against any person or group that engages in corrupt or illegal practices or any person or group that participates in election misconduct;
- Establish and maintain communication with political parties and other electoral stakeholders;
- Provide oversight over voter registration, voting, sorting, counting, tallying, candidate nomination, electoral complaints, and declaration of election results;
- Recruit and train officers and staff for registration and polling and specify the functions and powers of such staff and how they are supervised;
- Settle electoral disputes, including disputes relating to or arising from nomination but excluding election petitions and disputes on election results;
- Regulate the amount of money that can be spent by or on behalf of a candidate or party in respect of any election;
- Develop a code of conduct for candidates and parties contesting elections.
- Regulate the process by which political parties nominate candidates for election.
- Facilitate observation, monitoring, and evaluation of elections; and
- Declare the dates for elections or referenda polling and issue electoral calendars, accordingly.
What constitute the legal framework guiding the conduct of elections in South Sudan?
The electoral legal framework of South Sudan is comprised of:
- R-ARCSS (2018) and Roadmap (2022)
- The Transitional Constitution of South Sudan
- The National Elections Act, 2012 (Amendment) Act 2023
- The Political Parties Act of 2012 (as amended)
- The Local Government Act, 2009
- The NGO Act, 2016 (Amendment) Act 2023
- The Southern Sudan Referendum Act, 2009
What international standards exist for credible elections?
The Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of Persons with Disabilities, the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections and Governance are some of the main international and regional treaties that contain various standards on democratic elections. These instruments emphasize the following fundamental rights and obligations that are relevant to an electoral process:
- Genuine and periodic elections that reflect the will of the people and based on equal suffrage
- Right and opportunity to vote and be elected
- Transparency and access to information
- Freedom from discrimination and equality before the law especially between men and women
- Freedom of Association, Assembly and Movement
- Right to fair and public hearing and remedy
- Right to an effective remedy
- Secret Ballot
Why are (upcoming) elections in South Sudan important?
Elections generally give citizens a voice in decision-making processes and/or the running of public affairs in their country. By voting, citizens directly select their leaders, policies and programmes that best serve their interests and aspirations. The next elections in South Sudan are important because they will seek to re-affirm South Sudanese right to self-determination and to restore democratic governance in line with the transitional constitution, various political agreements and regional and international obligations of South Sudan.
How do I participate in elections in South Sudan?
The law provides for every South Sudanese of voting age to register to vote and/or elected to public office if they so wish. Once an election date has been set by NEC, every South Sudanese of voting age is required to register as a voter or a candidate, at venues and times to be determined by NEC; also, vote based on specific guidelines provided by NEC.
How do I support a civic or voter education campaign?
As a citizen, you could support the NEC’s civic or voter education campaign organized by either the NEC or other partners including international and national partners, by attending or participating in their public awareness activities: some of those could be through the media, road shows, and townhall meetings.
As Civil Society Organisations (CSOs), you may participate in civic and voter education by coordinating and collaborating with the NEC to create awareness on the role of the NEC, the importance of elections as well as the electoral process. CSOs can also conduct public outreach activities on their own based on guidelines to be provided by NEC and other relevant authorities. Additionally, it is important that CSOs embark on capacity building initiatives for themselves as key stakeholders to enable them to support the NEC in line with the electoral legal framework in a non-partisan manner.
Are women allowed to participate in the elections?
Yes, women in South Sudan are allowed to vote as well as contest elections as candidates either as independent candidates or through political parties. The Transitional Constitution of South Sudan and the election law guarantee the rights women to participate in elections as both voters and candidates. This is in line with international standards of universal suffrage, ensuring that all citizens, regardless of gender, can exercise their political and electoral rights.
Key points to note:
Right to Vote: Women have the constitutional right to vote in all elections, including presidential, parliamentary, and local government elections. This is a fundamental part of South Sudan's commitment to gender equality in the democratic process.
Right to contest in Elections: Women are allowed to run for public office and hold political positions. South Sudan has adopted measures, including a gender quota system, to ensure that women are represented in the National Legislative Assembly and other decision-making bodies. Article 16 of the Transitional Constitution of South Sudan states that women should make up at least 25% (minimum threshold) of public positions.
When are the next elections in South Sudan?
According to the recently amended Transitional Constitution and governance arrangements under the 2018 Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan elections should be held on 22 December 2026.
What is the current focus of the NEC?
Since its reconstitution in January 2024, NEC has been working on institutional reform and capacity building, i.e. drafting policies, procedures and strategies to strengthen its capacity to deliver transparent, credible and peaceful elections when called upon to do so. Working with various partners including the Government, United Nations, development partners and non-state actors to create a conducive environment for credible elections. In July 2024, NEC re-established State High Committees in each state to support the conduct of elections at state level. Also, the NEC is establishing mechanisms for sustained collaboration with key electoral stakeholders such as political parties, media, CSOs and domestic observers. More than 600 South Sudanese (40% women and 50% from CSOs) were trained in election administration using the Building Resources in Democracy, Governance and Elections (BRIDGE) which is a comprehensive, participatory training curriculum on election management. This series of training took place across the country between April and June 2024.
Where can I find more information about the role and activities of the NEC? How can I stay informed about the electoral process?
You can find more information on the NEC by contacting the NEC Directorate of Public Outreach and External Relations. Interested persons can also get related information from the media by listening to NEC media programs and other credible sources of information.