Election law challenged at EACJ

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 11 March, before a five-judge panel of the EACJ’s First Instance Division in Arusha, Tanzania. The contested provision authorises the President-Elect to appoint 5% 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 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 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.

Full report in Radio Tamazuj