By Bida Elly David
South Sudan Minister of Justice and constitutional affairs, Justice Ruben Madol, has finally tabled the long-awaited National Election Act 2012 amendment bill 2023 to the parliament for consideration.
The National Election Act is one of the key pending documents as a pre-requisite for laying the groundwork for the conduct of general elections at the end of the transitional period.
Tabling the bill before parliament in its first reading, details the framework for processes, consisting of general election principles and the rights of the marginalized group to participate in the process.
According to the minister, the principles and requirements of the election bill would be a guide for transparency and accountability for fair and credible elections.
“The bill empowers the election commission to determine and announce the period of campaigns, publish that period in their official gazettes, and announce the results in the national mass media,” he said.
According to Madol, the bill discourages hostility, tribalism, and discrimination of all kinds that will hinder campaigns during the election process.
“The amendment prohibits incitement to hatred, violence, hostility, or discrimination, requires all candidates and parties to abide by the code of conduct for election campaigns,’’ the act reads.
The election commission is mandated to develop regulations for election campaigns, particularly the media committee, its composition for monitoring and evaluation.
The regulations include monitoring of the campaigns by the media, funding the campaigns, the use of the funding, and prohibition of public resources for election campaigns by candidates.
The Bill also provides for the form and content of spoiled ballot papers, the distribution and custody of election materials, and requirements for the commissions to establish polling centers and voting times.
It provides for the sorting and counting of votes at polling stations, declaration of results, and announcement of results for the council of states.
The bill further, guarantees the commission’s rights in managing election programs as well as the rights and duties of candidates and political parties during the campaign process.
South Sudanese citizens outside the country are mandated by the Bill, the right to vote at their locations of settlement, as well as rights for persons with disabilities to be assisted in casting their votes.
“The amendment also recommends changing chapters on corrupt and illegal practices,” Madol noted.
It further provides several penalties to be imposed against candidates or any political party that is found guilty of malpractice during the election campaigns.
Further, the framework also mandates the election commission to disqualify any candidate or political party that will be traced in the act of dereliction.
After the minister’s presentation, Rt. Hon. Speaker of the Parliament Jemma Nunu Kumba, committed the bill to the specialized committee for justice and legislation for scrutiny and a report back to the house.
During the presentation, the parliament reiterated the need for the country to conduct an overall census, noting that elections won’t happen before knowing the total population of the citizens.
John Agany, the spokesperson of the parliament, noted during his briefing to the media that the country’s possibility of conducting a census is in doubt following the financial crisis facing the government.
However, he said South Sudan will still conduct elections without the census, using estimated statistics from previous years.
Call for ratification
With almost a quarter of the two years extended Peace Roadmap over and barely 18 months left for December 2024, political parties are seemingly already quietly preparing for the polls.
Though there are no official and openly declared elections campaigns in the country, parties have since last year started indirect campaigns.
The ruling Sudan People’s Liberation Movement (SPLM) has taken the lead in what it dubbed SPLM party renaissance that witnessed mass mobilizations across the country.
Sudan People’s Liberation Movement in Opposition (SPLM-IO) of Dr. Riek Machar which is the main opposition challenger to the ruling SPLM of President Kiir is not an exception, it has also followed suit.
But, activists and analysts weigh that the prospects and the atmosphere of conducting free and fair democratic elections are still cloudy.
Community Empowerment for Progress Organization (CEPO) in a statement extended to this outlet said it has increased its Domestic Elections Observation engagement at the preparatory electoral stage.
CEPO underscored that political parties are issuing public statements for readiness in participation in the expected forthcoming national general elections in December 2024.
However, it argued that all those are pre-mature engagement in the electoral process since the required national constitutional mandated institutions for regulating the electoral process is not reconstituted.
Political parties’ council, national elections commissions, and national constitutional review commission, are the pre-requisite for the democratic process.
Other prerequisites include a permanent constitution, the conduct of a national population and housing census, and repatriation of South Sudanese back to their homes from exile.
However, Mr. Edmund Yakani, Executive Director of CEPO warned that premature campaigns that are done not in an official manner may trigger friction among political parties and potential candidates.
“It is essential that the political leadership of the country takes urgent decision to reconstitute the required institutions mandated to regulate electoral processes in a legitimate manner” he urged.
According to Yakani, delaying the constitutional institutions for the conduct of national general elections, may contribute to nurturing triggers for potential electoral violence.