South Sudan’s Opposition Leader Calls for Constitutional Overhaul

Lam Akol Ajawin, the leader of South Sudan’s opposition National Democratic Movement (NDM), has urged for a significant overhaul of the country’s permanent constitution-making process. Akol’s proposal prioritizes streamlining the process to expedite the creation of a permanent constitution, a crucial step towards holding national elections.

South Sudan has been operating under a transitional constitution since gaining independence in 2011. The 2018 Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) aimed to establish a permanent constitution by May 2021, but this deadline was missed.

Delays in finalizing the constitution have postponed elections, hindering progress towards stability. The latest election schedule for December 2024 is also in doubt due to pending key provisions, including the constitution.

Akol proposes abolishing the National Constitutional Review Commission (NCRC), established in 2022, citing overlapping mandates with the National Constitutional Conference (NCC). He argues that the NCC should handle public consultations and civic education, ensuring the constitution reflects the public’s will and facilitates credible elections.

“Since independence in 2011, the South Sudanese people have not had the opportunity to discuss the constitutional setup that suits their aspirations,” wrote Akol.

“A constitutional conference is a forum aimed at affirming people’s will in choosing a constitution that suits them… The NCC is the body that takes the decisions on all matters connected with the constitution and adopts the final text. Too much attention was given to the NCRC, to the extent of even assuming powers reserved for the NCC,” he added.

The NCRC’s functions, as outlined in the Constitution Making Process Act 2022, include recruiting members for the Constitution Drafting Committee, facilitating civic education and public consultation. However, Akol believes the NCC should handle these tasks, as it is the body authorized to make key decisions on governance structure and federalism.

Akol emphasizes that the design and content of the constitution depend on resolving two critical issues: the system of rule and the type of federalism suitable for South Sudan. He stresses that the NCC must make these decisions before drafting the constitution.

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The opposition leader urges the prompt convening of the NCC to deliberate on the constitution and deliver the long-awaited supreme law of the land. This, he believes, will lay the foundation for stability, sustainable peace, and the possibility of holding elections.

Akol’s proposal aims to expedite the constitution-making process, ensuring that South Sudanese people have a say in their country’s governance structure. He believes that a functional electoral framework and credible elections are crucial for the country’s progress.

The current transitional constitution has been in place for over a decade, and the delay in establishing a permanent constitution has raised concerns about the country’s political future.

Akol’s call for reform comes at a critical juncture in South Sudan’s history, as the country strives to achieve stability and democratic governance.

The fate of South Sudan’s constitutional process and electoral future hangs in the balance, as the country’s leaders grapple with the challenges of building a stable democracy.

Only time will tell if Akol’s proposal will gain traction and pave the way for a permanent constitution and credible elections in South Sudan.