Dr Luka Biong Deng, Managing Director of the Sudd Institute - Courtesy

Dr. Luka Biong Deng, the Managing Director of the Sudd Institute, said the government may have no choice but to rush endorsement of such a complex decision without enough time to follow due legal procedures, simply because any proposed constitutional amendment must be introduced in parliament one month before deliberations on its amendment.

Not only that, the cabinet minister, Dr. Martin Elia Lomuro, must first make sure that the proposal to extend the transitional government must be approved by at least two-thirds of members at both the Council of Ministers and peace monitoring mechanism R-JMEC.

Dr. Biong underscored that the presidency and his deputies waited too long to decide, adding that President Kiir may end up dissolving the entire government and appointing an interim administration.

“The procedures for the ratification of such proposed amendments and adjournment of general elections by the legislature, will require at least one month before the deliberations of such amendments,” the researcher said, citing the constitution.

According to article 199 of the Transitional Constitution (TRCSS, 2011), the constitution cannot be amended unless the proposed amendment is approved by two-thirds of all members of each House of the National Legislature sitting separately.

The clause also stipulates that the introduction of the draft amendment must be made at least one month prior to the deliberations.

“It will be difficult for the RTGoNU to meet the legal procedures of amending the TCRSS, 2011 (amended) by September 22, 2024, and subsequently, the elections by December 2024 will not be adjourned legally,” Dr. Biong said.

He explained that such situation will leave the President with no option but to legally act on the provisions of sections 16 (2) and 16 (4) of the National Elections Act, 2012 (amended) to dissolve the entire government including the parliament and to retain his position and the positions of the five vice presidents.

“The President may have the right to appoint caretaking governments until elections are held and to allow for the conclusion of peace talks of the Tumaini Initiative.”

Further, Dr. Biong laments that such legal crisis could have been avoided if the RTGoNU could have relied on the legal opinion of the Ministry of Justice and Constitutional Affairs.

He added that if the R-TGoNU proceeds with a short and illegal procedure for amending the constitution, such a procedure is likely to be challenged in court by any concerned citizen.