The East African Court of Justice (EACJ) will hear a legal challenge next month to a provision in South Sudan’s election law that allows a president-elect to appoint lawmakers to parliament, a move critics argue undermines constitutional rule and accountability.
A court notice seen by Radio Tamazuj shows the hearing is scheduled for March 11, 2026, before a five-judge panel of the EACJ’s First Instance Division in Arusha, Tanzania.
The case, Wani Santino Jada v. The Attorney General of the Republic of South Sudan (Application No. 17 of 2025), challenges Section 60(4) of South Sudan’s National Election Act 2012, as amended in 2023.
The contested provision authorises the president-elect to appoint five percent of the National Legislative Assembly, equivalent to 17 members. The applicant argues that this authority has no basis in South Sudan’s Transitional Constitution and violates constitutional requirements that legislators be elected through free and fair elections by secret ballot.
“The application argues that the appointment power conflicts with provisions requiring legislators to be elected,” the filing says. “It says the measure violates Article 56(1)(a) of the constitution, which vests legislative authority in representatives chosen by the people.”
The challenge contends that executive appointments compromise the independence of parliament and weaken oversight of the presidency, disrupting the separation of powers established under the constitutional framework.
It also raises questions about the legitimacy of South Sudan’s legislature, which has not been elected since independence in 2011 and has repeatedly had its mandate extended through peace agreements.
“The applicant contends that laws passed by an unelected or partially appointed parliament lack democratic legitimacy and constitutional authority,” the filing states.
The government has reportedly defended the provision as a mechanism to ensure representation for minority groups, trade unions and persons with disabilities. However, the applicant argues that the law itself does not specify such groups and instead grants the president broad discretionary appointment powers.
The case also invokes South Sudan’s obligations under the Treaty for the Establishment of the East African Community, citing commitments to democracy, the rule of law and good governance. According to the application, Section 60(4) is incompatible with these regional obligations.
Legal analysts say the ruling could influence South Sudan’s electoral framework and set a precedent for future constitutional challenges during the country’s political transition. A decision against the provision could require amendments to the election law.
The case was filed by South Sudanese advocate Wani Santino Jada. Under its founding treaty, the East African Court of Justice has jurisdiction to interpret and apply community law.
South Sudan’s elections are scheduled for December 2026, marking the first national vote since independence in 2011. The polls were repeatedly delayed amid political deadlock, violence and disputes over power-sharing agreements.