The East African Court of Justice has notified authorities of the scheduled delivery of its ruling on November 27 in a case challenging a provision of South Sudan's election law. The case, filed by South Sudanese advocate Wani Santino Jada, contests Section 60(4) of the National Elections Act 2012, as amended in 2023. This provision allows the president-elect to appoint five percent of the National Legislative Assembly, equivalent to 17 lawmakers. Jada argues that this provision is inconsistent with South Sudan's Transitional Constitution.
The applicant, Wani Santino Jada, contends that the provision violates Article 56(1)(a) of the Transitional Constitution, which vests legislative authority in representatives chosen by the people. The application argues that the appointment power conflicts with constitutional provisions requiring legislators to be elected. This challenge raises broader questions about the legitimacy of South Sudan's legislature, which has not been elected since independence in 2011 and has had its mandate repeatedly extended through peace agreements.
The case also challenges the effect of presidential appointments on the independence of Parliament and the separation of powers. The applicant argues that laws passed by an unelected or partially appointed parliament lack democratic legitimacy and constitutional authority. This has significant implications for South Sudan's electoral and legislative framework. 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 Section 60(4) does not specifically identify those groups and instead gives the president broad discretionary powers to make the appointments. The case invokes South Sudan's obligations under the Treaty establishing the East African Community, particularly provisions relating to democracy, the rule of law, and good governance. The matter is registered as Application Number 17 of 2023, arising from Reference Number 37 of 2023.
The East African Court of Justice will deliver its ruling at 9:30 a.m. on November 27 by a five-judge panel. A ruling in the case could have significant implications for South Sudan's electoral and legislative framework, depending on the court's findings and any subsequent legal or legislative action. The court's decision may impact the country's preparations for general elections scheduled in December 2026.
South Sudan has faced several postponements of elections since independence in 2011, amid political disputes, insecurity, and disagreements over the implementation of peace agreements. The country's legislature has not been elected since independence, and its mandate has been repeatedly extended. The outcome of this case may influence the country's transition towards a more democratic system.
The ruling may also have broader implications for the East African Community, given the court's role in upholding the Treaty establishing the community. The court's decision will be closely watched by stakeholders in the region, as it may set a precedent for similar cases in other member states.
Key points
- The East African Court of Justice will deliver its ruling on November 27 in a case challenging a provision of South Sudan's election law.
- The provision allows the president-elect to appoint 17 members of the National Legislative Assembly, sparking concerns about democratic legitimacy.
- The case has significant implications for South Sudan's electoral and legislative framework, as well as its transition towards a more democratic system.
