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Agreement doesn’t allow holding of elections without ‘permanent’ constitution – NCRC chief

Authors: Moyo Jacob | Nyathong William | Published: Friday, December 22, 2023

Dr Riang Yer, the newly appointed Chairperson of the National Constitutional Review Commission - Credit: PPU

The Chairperson of the National Constitutional Review Commission says the peace agreement doesn’t allow the holding of elections without a permanent constitution.

Dr Riang Yer made the statement while briefing the media after the Commission’s Meeting on Friday.

He, however, says getting the constitution ready before elections will depend on the technicality of the process.

The Revitalized Peace Agreement provides for the making of a permanent constitution to guide the electoral and elections process.

According to the agreement, South Sudanese are expected to go to polls in December of next year but the constitution is yet to be made with a year left for the elections.

Dr. Yer pointed out that the constitution-making process will be executed by the agreement.

However, he says the duration for making the supreme law ready before the elections, depends on how technical the process shall be.

“The constitution-making process is a process that has been prescribed by the agreement and that prescription has been reflected by the constitution-making process act, our understanding is that we must do per the agreement,” said Dr Yer.

“The work of making this constitution is technical and there are prescriptions made in the agreement,” he said.

“It is known to all of us that, the elections are to be guided by the constitution. The constitution has to be in place first before the elections but when do we finish making the constitution? This is the question that remains unanswered because it will depend on the technicality of the process.

“According to the agreement, without the constitution, the election will not be possible”.

On Wednesday this week, President Salva Kiir tasked members of the Commission to expedite work on drafting the country’s new permanent constitution, ahead of next year’s general elections.

This was after the swearing-in event when the Head of State pledged his commitment to providing adequate support to the Commission to achieve a successful constitutional-making process to pave the way for a new political dispensation.

The NCRC is mandated to facilitate and promote multi-faceted public consultations, which cover all constitutional issues of relevance in collaboration with non-state actors and supported by media platforms.

It’s also tasked to receive, analyze and consider inputs and submissions from public participation and consultations and transmit the outcome of public consultations to the committee.

The Commission shall also validate the first draft constitutional text, publish the first draft of the text and present to the conference and the committee a report containing the outcomes of the first stage of public consultations.

It is also mandated to conduct civic education following the adoption of the Permanent Constitution.

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