South Sudan Supreme Court demands clarification over elections schedule

This article was last updated on April 16, 2022

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Juba 22nd March, 2015. On 20th March was the day South Sudan Supreme Court of law making ruling on the court case brought forwards by 18 political parties against the National Elections Commission over the proposed South Sudan National Elections dated 30th June, 2015. The Supreme Court has demanded clarifications from the election commission to clarify whether the decision by the Council of Ministers to postpone the elections has been cancelled. The Supreme Court also demanded clarification from the group of 18 political parties to clarify if they are aware that the Political Parties Council has commenced its work. “If so, have they submitted their Constitutions to the council of the Political Parties’ Council as required by the provision of section 6(1) of the political parties Act 2012, for registration or re-registration in the Republic of South Sudan?” Community Empowerment for Progress Organization treated the stand of the supreme as convincing and urge the supreme to demonstrate legal professionalism with any fear or favor expect making the law functional in handling this mater of the disputed national elections. This matter is so risk that if it is not handle well it may act as flash back point for more violence. Mr. Edmund Yakani, Executive Director of CEPO said it is a high time for the Supreme Court to justify to the South Sudanese and the world the spirit of judiciary independence. It is right moment for testing the Supreme Court over the independence of the judiciary and its legal professionalism and neutrality in addressing national political disputed issues that has direct link with enhancement of democratic principles and values in the country.

Far so CEPO felt the Supreme Court is handling the case well and demonstrated some credibility of independence. Demanding for clarification for some facts is a remarkable decision that will make the ruling of the court as genuine and credible. The greatest confusion is the council of ministers under the leadership of the president decided to cancel the national elections per the proposed schedule of 30th June, 2015 but the national elections commission is silent on that decision. It is within the powers of the national elections commission to postpone the elections per National Election Act, 2012 “Article 14(J) postpone any electoral procedure or event for any election or referendum when warranted by the situation in accordance with provisions of this Act and determine new dates for carrying out such events;” Further their silence is challenging the provision of the national elections act, 2012 which stated that “Article 15 (2) Upon announcement of the date of elections by the Commission, the President shall, within three months to the elections date, dissolve the National Legislature, State  Legislative Assemblies, the national government, and state governments” per this provision the government if the national elections commission believe yet elections will commerce than on the 30th of march, 2015 the president should dissolve the government. This is one week to do so. Mr. Yakani stressed. CEPO is urge the Supreme Court to handle this matter timely as they demonstrate maturity in the first court hearings