Info
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
c . Local level
d . Other kinds of elections (church, union, etc.) Please specify.
Comments:
d) Referenda
This Act is drafted in accordance with the provisions of Articles 26(2) and 197 read together with Schedule (A)(30) of the Transitional Constitution of the Republic of South Sudan, 2011, which grants to the National Government exclusive legislative and executive powers over regulation of elections and referenda at all levels of Government.
Source:
Transitional Constitution 2011, art. 26, 195 (3 - b, c): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
The National Elections Act, 2012, Part I, Art. 4: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified:
2021/06/02
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments:
The National Legislative Assembly shall exercise the following functions: (c) approve budgets
Source:
Transitional Constitution 2011, art. 57(c): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified:
2021/06/02
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
e . Another organ within the national government
Comments:
The Commission shall assume the following functions and powers: (s) adopt and oversee its annual budget that shall include budgets for elections and referenda processes
Source:
The National Elections Act of 2012, art. 14(2-s): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified:
2021/06/02
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments:
The term of office of Commissioners shall be six years renewable by the President for one additional term only with approval of two-thirds of the National Legislative Assembly.
Source:
National Elections Act of 2012, art. 10(3): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified:
2021/06/02
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
There shall be established an independent commission which shall be known the National Elections Commission.
Source:
Transitional Constitution 2011, art. 195 (1): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Election Act 2012: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified:
2021/06/02
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments:
The Commission shall comprise of nine members to be appointed by the President.
Source:
National Election Act 2012, art. 10(1): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified:
2021/06/02
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments:
The Chairperson, Deputy Chairperson, and members of the Commission shall be persons of proven integrity, competence, non-partisan and impartial.
Source:
Transitional Constitution 2011, art. 195 (2): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Election Act 2012, art. 10(2-b): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view;
Presidential Decree No 54/2012 of 1 August 2012 for the Appointment of the Chairperson, Deputy Chairperson and Members of the National Elections Commission
Verified:
2021/06/02
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State
b . Head of Government
Comments:
The Chairperson, Deputy Chairperson, and members of the Commission shall be appointed by the President.
Source:
Transitional Constitution 2011, art. 195 (2): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Election Act 2012, art. 10(1): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view;
Presidential Decree No 54/2012 of 1 August 2012 for the Appointment of the Chairperson, Deputy Chairperson and Members of the National Elections Commission
Verified:
2021/06/02
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Additional, but potentially outdated material is available here.