Links to all sites last visited 31 March 2021
Transitional Constitution of the Republic of South Sudan 2011, as amended to 2020
Composition and Appointment
- English1. There shall be established by the President of the Republic a Commission to be known as National Constitutional Review Commission within six months from coming into force of this constitution.
2. The President of the Republic shall, after consultation with the Political Parties, Civil Society and other stakeholders appoint the Chairperson, Deputy Chairperson and members of the Commission.
....
5. The Commission shall be established with due regard for gender, political, social and regional diversity of South Sudan in recognition of the need for inclusiveness, transparency and equitable participation. Each member of the Commission shall have the requisite competence and technical expertise and experience to contribute to fulfilling the mandate of the Commission.
6. The Commission shall review the Transitional Constitution and collect views and suggestions from all the stakeholders including any changes that may need to be introduced to the current system of governance.
...
8. The Commission shall conduct a nation-wide public information programme and civic education on constitutional issues.
...
(Art 202)
Jurisdiction and Access
- English1. The Supreme Court shall be the custodian of this Constitution and the constitutions of the states.
2. The Supreme Court shall exercise competences as follows:
a. interpret constitutional provisions at the instance of the President, Government of South Sudan, any state government, or any of the two Houses of the National Legislature;
b. be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
c. have original jurisdiction to decide on disputes that arise under this Constitution and the constitutions of states at the instance of individuals, juridical entities or governments;
d. adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws that are inconsistent with this Constitution or the constitutions of the states to the extent of the inconsistency;
e. be a court of review and cassation in respect of any criminal, civil and administrative matters arising out of or under the law;
f. have criminal jurisdiction over the President in accordance with Article 103 (2) herein;
g. have criminal jurisdiction over the Vice President, the Speakers of the National Legislative Assembly and the Council of States and the Justices of the Supreme Court;
h. review death sentences imposed by courts in respect of offences committed under the law;
i. receive appeals against decisions and judgments of the courts of appeal;
j. have original and final jurisdiction to resolve disputes between the states and between the National Government and a state in respect of areas of exclusive, concurrent or residual competences;
k. uphold and protect human rights and fundamental freedoms; and
l. have such other competences as prescribed by this Constitution and the law.
… (Art. 126)
1
Constitution of the Republic of South Sudan, as amended to 2013 (English). Several amendments took place after 2013 that are yet to be incorporated into the Constitutional text.
2
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
3
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
4
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
5
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
6
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
7
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
8
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
9
The 2018 Revitalized Peace Agreement provides for a Presidency structure that comprises of a First Vice President and four Vice Presidents.
10
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
11
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
12
Bill of Rights
13
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.