Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: Immediately following publication of the results of each population census and in accordance with provisions of the Act and the Regulations, the Commission shall determine, based on population size: a) the average population for geographical constituencies for each Legislative Assembly; and b) the boundaries of the geographical constituencies in each state for election members of each Legislative Assembly.
Source: Transitional Constitution 2011, art. 38: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Transitional Constitution 2011, art. 192
Verified: 2021/06/02
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers g . Other
Comments: The Commission shall demarcate the boundaries of geographical constituencies for elections to Legislative Assemblies and shall ensure that: a) no geographical constituency boundary shall cross State boundaries; b) the total population in each geographical constituency shall not deviate from the electoral dividend or the national dividend applied in each case by more or less than ten percent, except under exceptional circumstances, as determined and published by the Commission, where fifteen percent deviation may be applied; c) consideration shall be given to geographical features, population distribution and physical movements, as well as local administrative boundaries; d) consultations shall be conducted with local civil society groups and communities to ensure the acceptability of constituencies alongside a boundary awareness civic education program; e) the National Elections Commission shall review the names and boundaries of constituencies at intervals of not less than eight years and not more than 12 years provided that any review shall be completed at least twelve months before a general election; f) if a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election; g) Subject to clauses a), b), c), and d), the names and details of the boundaries of constituencies determined by the Commission shall be published in the Gazette and the print media; and h) a member of the constituency affected by the boundaries review may apply to the Competent Court for review of the decision of the Commission under this section.
Source: Transitional Constitution 2011, art. 192: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
The National Elections Act, 2012, Part IV, Art. 41: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: The National Electoral Commission shall determine the geographical constituencies.
Source: National Elections Act 2012, art. 14 (2-e), 38: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
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