JUBA, South Sudan – President Salva Kiir Mayardit has signed amendments to South Sudan’s election law, clearing a key legal hurdle ahead of the country’s general elections scheduled for December 22, 2026.
Kiir assented to the National Elections Act, 2012 (Amendment) Bill, 2026, on Monday, September 21, shortly after the Transitional National Legislative Assembly passed the legislation.
The amendments are intended to harmonise the country’s electoral law with the Transitional Constitution and provide a revised legal framework for the December elections.
Elections no longer tied to census, constitution
One of the most significant changes removes the requirement for the elections to wait for completion of the country’s permanent constitution-making process and national population and housing census.
South Sudan’s government says the change is intended to resolve inconsistencies in the existing law and align the electoral framework with the Transitional Constitution.
Parliament set at 270 members
The amended law sets the membership of the next National Legislative Assembly at 270 members.
Each State Legislative Assembly will have 58 members, while each Administrative Area Legislative Council will have 20 councillors.
The legislation also provides for the allocation of parliamentary seats and establishes the role of High Elections Committees in states and administrative areas during the electoral process.
There had been conflicting figures during parliamentary consideration of the bill, with an earlier parliamentary report referring to a 332-member assembly. The official account of the signed legislation, however, puts the National Legislative Assembly at 270 members.
Kiir to remain in office during polls
The amended law provides for the incumbent executive leadership to remain in office during the election period, with the president retaining constitutional powers until an elected president assumes office.
It also gives the president power, within the three months preceding the election, to relieve the First Vice President and other vice presidents in accordance with Article 104(2) of the Transitional Constitution.
The provision comes as South Sudan approaches the final stage of its transitional period under the 2018 peace agreement.
Opposition raises concerns
The amendments have been opposed by some political groups.
The South Sudan Opposition Alliance said changes affecting the 2018 peace agreement, Transitional Constitution and electoral laws were made without adequate consultation among the agreement’s signatories, according to Radio Tamazuj.
Reuters also reported that the main opposition coalition rejected the changes, highlighting political disagreements over the electoral framework ahead of the December vote.
The objections come as South Sudan prepares for its first general elections since independence in 2011, following years of delays and extensions to the country’s transitional arrangements.
Electoral commission leadership changed
Kiir’s signing of the amended law comes shortly after he dismissed National Elections Commission chairperson Abednego Akok Kacuol and appointed Gabriel Bol Deng Majok as his replacement.
The move has drawn scrutiny because it occurred only months before the scheduled elections.
The Associated Press reported that analysts questioned the timing and legality of the dismissal, while critics raised concerns about its possible effect on preparations for the vote.
The National Elections Commission is responsible for administering elections and is legally required to operate with independence, transparency and impartiality.
South Sudan heads towards December vote
With the amended Elections Act now in force, the National Elections Commission has a revised legal framework under which to continue preparations for the December 22 polls.
The changes remove two major legal prerequisites that had been linked to the timing of the elections while reshaping the composition of parliament and arrangements for the transitional executive during the electoral period.
The December vote is intended to mark South Sudan’s transition from its current transitional political arrangement to an elected government, although opposition concerns and questions surrounding electoral preparations remain.
