The Revitalised Transitional Government of National Unity (R-TGoNU) in South Sudan came to an end on September 22, 2026, as the country's transitional legislature and state institutions were dissolved. This move follows the assent of President Salva Kiir to constitutional and peace-agreement amendments on September 21, which delinked elections from the completion of the permanent constitution and census. The amendments were made to operationalize the decision to hold elections, with the National Elections Act (NEA) amended to facilitate the process.
The dissolution of the transitional government has sparked varied reactions, with some analysts accusing the government of a "parliamentary coup" or "unconstitutional dissolution." However, Dr. Jan Pospisil, in an opinion piece, argues that such claims are "spectacularly wrong." He notes that the transitional period, which was meant to be temporary, had been extended repeatedly, and its continued existence depended on the failure to complete the transition. The current events mark a significant shift, with the country set to hold elections in the coming months.
The amended electoral framework requires a pre-election ending of the transitional institutional configuration, with ministers, governors, and legislators involved in the caretaking structure barred from contesting in the forthcoming elections. This mechanism aims to separate ordinary government from the electoral contest. Additionally, the current orders limit caretaker officials in major financial commitments, public debt, strategic concessions, and disposal of public assets. These restrictions are designed to make the caretaker administration recognizable as an electoral interregnum rather than a newly constituted government with unrestricted powers.
Despite these measures, serious problems remain, particularly with regards to the Presidency. The amended framework preserves President Kiir with his constitutional powers, while the collegial vice-presidential structure disappears. The power-sharing architecture created by the 2018 R-ARCSS has ended, increasing the risks of presidential concentration. The dissolution of parliament has also removed accountability mechanisms, amplifying concerns about the potential for executive authority to migrate into the Presidency.
The Presidency currently has a bloated and legally questionable structure, with several advisers and envoys holding significant influence. Tut Gatluak remains Presidential Adviser on National Security Affairs, while Kuol Manyang Juuk and Costello Garang Riiny hold senior advisory positions. James Ngere Paciko was newly appointed Presidential Adviser on Governance. However, the constitutional basis for some of these positions, such as the opaque role of Presidential envoys, is unclear. Adut Salva Kiir continues as Senior Presidential Envoy on Special Programs, a title that has been criticized for lacking a clear policy field or legal competence.
The role of Presidential envoys has raised concerns about accountability and executive authority. The 2011 Transitional Constitution provides for Presidential advisers but does not establish a general category of powerful Presidential envoys with open-ended executive responsibilities. The involvement of such offices in high-level diplomacy and political dialogue around the elections has sparked concerns about the potential for these entities to exercise functions that ordinarily belong to ministries or Cabinet.
As South Sudan prepares for elections, the country faces significant challenges in ensuring a smooth transition. The amended electoral framework and caretaker restrictions aim to prevent the abuse of power and ensure accountability. However, the concentration of executive authority in the Presidency and the unclear constitutional basis for some positions raise concerns about the country's democratic trajectory. The international community and civil society will be watching closely as South Sudan navigates this critical period.
Key points
- The dissolution of South Sudan's transitional government marks the end of a six-year transitional period and paves the way for elections.
- The amended electoral framework bars ministers, governors, and legislators from contesting in the forthcoming elections, aiming to separate government from the electoral contest.
- The concentration of executive authority in the Presidency and unclear constitutional basis for some positions raise concerns about accountability and democratic governance.
