South Sudan’s cabinet on Friday approved a constitutional amendment bill that would remove the legal requirement for elections to be conducted under a permanent constitution, clearing the way for the country’s planned December 2026 general elections despite persistent concerns.
The Transitional Constitution of the Republic of South Sudan (Amendment No. 13) Bill, 2026, approved during a cabinet meeting chaired by President Salva Kiir, would amend the country’s transitional constitution to provide the legal basis for holding elections before a permanent constitution is adopted, according to a government statement.
The bill will now be submitted to the Transitional National Legislative Assembly for debate and approval before being sent to President Kiir for assent.
Justice and Constitutional Affairs Minister Wek Mamer Kuol told the cabinet the amendments were introduced under Article 8.4 of the 2018 Revitalized Peace Agreement, which provides for legislative measures to facilitate the electoral process.
Under the current Transitional Constitution, elections are to be conducted in accordance with a permanent constitution. The proposed amendments would instead allow the December 2026 elections to be held under the amended Transitional Constitution while the permanent constitution-making process continues separately.
The bill would also formally delink the elections from the constitution-making process and postpone the national population and housing census until after the elections, reversing earlier legal requirements that linked the three processes.
The constitutional changes follow amendments to the 2018 peace deal recently that removed requirements for a permanent constitution and a population census before elections can be held.
The government’s latest move comes as opposition parties, civil society organisations and international partners continue to question whether the political, security and institutional conditions necessary for credible elections have been met.
Several opposition groups argue that fundamental provisions of the 2018 peace agreement remain unimplemented, including the unification of rival armed forces, security sector reforms, constitutional reforms and the creation of an enabling political environment.
Besides approving the constitutional amendment bill, the cabinet reviewed South Sudan’s participation in the East African Community and directed the Ministry of Finance and Planning to settle the country’s outstanding membership contributions. It also endorsed the election of South Sudan’s representatives to the East African Legislative Assembly and discussed regional cooperation with Kenya on security, foreign affairs and infrastructure.
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