South Sudan has not held an election since it gained independence 15 years ago, and progress towards a new constitution has stalled. Election dates have been set and postponed at least three times. A new date has been set for December 2026 but it’s unclear the poll will take place. If it does, it will be the first electoral test for President Salva Kiir, who has been in power since 2011. It raises the question of what legal guardrails exist for a smooth transition to new leadership outside an election. Jan Pospisil, who has studied the country’s politics and power-sharing agreements, explains what’s in place.
What legal frameworks govern presidential succession in South Sudan?
Two legal frameworks operate side by side to regulate the succession question in South Sudan: the 2011 transitional constitution and the 2018 peace agreement, which has a quasi-constitutional quality.