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
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: The President of the Republic of South Sudan is the head of State and Government, the Commander-in-Chief of the Sudan People’s Liberation Army and the Supreme Commander of all the other regular forces. The incumbent elected President of the Government of Southern Sudan shall be the President of the Republic of South Sudan.
Source: Transitional Constitution 2011, art. 97: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
b . Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: The President of the Republic of South Sudan is the head of State and Government, the Commander-in-Chief of the Sudan People’s Liberation Army and the Supreme Commander of all the other regular forces. The incumbent elected President of the Government of Southern Sudan shall be the President of the Republic of South Sudan.
Source: Transitional Constitution 2011, art. 97: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: The President of the Republic of South Sudan is the head of State and Government, the Commander-in-Chief of the Sudan People’s Liberation Army and the Supreme Commander of all the other regular forces. The incumbent elected President of the Government of Southern Sudan shall be the President of the Republic of South Sudan.
Source: Transitional Constitution 2011, art. 97: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: There shall be established a National Legislature composed of the following the National Legislative Assembly, and the Council of States.
Source: Transitional Constitution 2011, art. 54 (1): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
e . Parallel (Segmented) (PR Lists and Majoritarian constituencies)
Comments: 60% of members of the National Legislative Assembly shall be elected to represent geographical constituencies. The candidate with the highest number of valid votes in the geographical constituency shall be declared winner. In addition, 25% of women members shall be elected on the basis of proportional representation at the national level from closed party lists and 15% of members shall be elected on the basis of proportional representation at the national level from closed party lists.
Source: National Elections Act 2012, art. 60, 62, 63: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments:
Source: Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
Political Parties Act No 33 of 2012: http://paanluelwel2011.files.wordpress.com/2012/07/south-sudan-political-parties-act-2012.pdf (2012);
National Elections Act 2012: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections d . Referendums
Comments:
Source: Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act 2012, art. 3: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: (1) Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or office in accordance with this Constitution and the law. (2) Every citizen shall have the right to vote or be elected in accordance with this Constitution and the law.
Source: Transitional Constitution 2011, art. 26: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act 2012, art. 33, 34: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments: Any candidate or political party that participated in an election or referendum shall have the right to submit a written objection against the provisional results. This objection shall be submitted at any Commission office to the attention of the Commission within seven days of the declaration of official results.
Source: Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act 2012, art. 111, 112
Verified: 2021/06/02
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
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
Comments: The National Elections Commission is responsible for conducting comprehensive electoral voter education and civic education programs on matters related to promotion of democratic elections.
Source: National Elections Act 2012, art. 14 (2-d): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: The National Elections Commission is responsible for conducting comprehensive electoral voter education and civic education programs on matters related to promotion of democratic elections.
Source: National Elections Act 2012, art. 14 (2-d): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body
Comments: The National Elections Commission is responsible for conducting comprehensive electoral voter education and civic education programs on matters related to promotion of democratic elections.
Source: National Elections Act 2012, art. 14 (2-d): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Eligible voters shall satisfy the following conditions: (c) be at least 18 years of age
Source: Transitional Constitution 2011, art. 192: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act 2012, art. 33 (b): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence e . Other
Comments: e) In addition, eligible voters should be of sound mind and should be registered in the Electoral Register. Registration in the Electoral Register requires that the eligible voter has been a resident in the geographical constituency of South Sudan for a period not less than 3 months before the date of closure of the Electoral Register or originates from the geographical constituency.
Eligible voters shall satisfy the following conditions: (d) be of sound mind.
Source: National Elections Act 2012, art. 33, 34 (2): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The Commission shall assume the following functions and powers: (c) prepare, revise, update, approve, and maintain the Electoral Register
Source: Transitional Constitution 2011, art. 195 (3 a): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act 2012, art. 14 (2-c): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: In order to be eligible to vote, citizens must be registered in the Electoral Register.
Source: National Elections Act 2012, art. 33 (c), 34 (1): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) b . Deposit requirement (specify amount)
Comments: A Candidate affiliate to a political party shall be seconded by that party through its endorsement of that person's candidature which shall be signed by the party official and approved by the Commission.
A political party that applies to nominate a party list and women list to be elected on the basis of proportional representation shall submit to the Commission a deposit of 200 South Sudanese Pounds (36.3 euro) for each candidate on the proposed lists for the National Assembly.
Source: National Elections Act of 2012, art. 75 (2), 78: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship i . Minimum level of literacy j . Other
Comments: A candidate for membership of the National Legislature shall:
(a) be a South Sudanese;
(b) be at least twenty-one years of age;
(c) be of sound mind;
(d) be literate; and
(e) not have been convicted during the last seven years of an offense involving honesty or moral turpitude.
Source: Transitional Constitution 2011, art. 62 (1): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act of 2012, art. 74 (1): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: Any person is eligible to stand as an independent candidate if she/he is not a member of a registered political party and has not been a member for at least 3 months before the date of election and if she/he has been registered as a voter in the constituency she/he intends to stand for election.
Independent candidates for the National Legislative Assembly shall be seconded by not less than 100 voters registered in their geographical constituency.
In addition, independent candidates for the National Assembly elections must submit a deposit of 100 South Sudanese Pounds (18.1 euro). This deposit shall be refunded if the candidate obtains more than 10% of the valid votes cast or if the candidate withdraws at any time not later than 45 days before the polling day.
Source: Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act of 2012, art. 75 (2 a), 76, 77 (4, 5): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: 91. Government funding to the political parties shall be made after the general elections in proposal to the votes obtained by each political party.
Source: Political Parties Act No 33 of 2012, art. 22 (1): http://paanluelwel2011.files.wordpress.com/2012/07/south-sudan-political-parties-act-2012.pdf (2012);
National Elections Act of 2012, art. 91: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election e . Other
Comments: Government funding to political parties shall be distributed after the general elections in proportion to the votes obtained by each political party.
Donations or contributions may be received from the Political Party, individual candidates, or other South Sudanese sources approved by the Commission.
Source: Political Parties Act No 33 of 2012, art. 22 (4): http://paanluelwel2011.files.wordpress.com/2012/07/south-sudan-political-parties-act-2012.pdf (2012);
National Elections Act of 2012, art. 91: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Political parties can receive contributions and donations from national non-governmental entities, corporations, companies and individuals, provided that such contributions and donations shall be registered with the Political Parties Council and be made public. Political parties shall not accept any financial contribution or donation from foreign sources.
Source: Political Parties Act No 33 of 2012, art. 22 (1 b, 3): http://paanluelwel2011.files.wordpress.com/2012/07/south-sudan-political-parties-act-2012.pdf (2012);
National Elections Act of 2012, art. 91: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Votes shall be sorted and counted at the polling station immediately after the Presiding officer of the polling station declares the polling closed.
Source: National Elections Act of 2012, art. 105 (1): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
f . Other
Comments: In legislative elections, when two or more candidates competing for a seat in a geographical constituency receive equal number of valid votes, all ballots shall be recounted.
Any accredited agent of a candidate or a Political Party may, before Presiding officer of the polling station declares the results, request him or her to implement a recount of the votes.
Source: National Elections Act of 2012, art. 62(3), 107(3): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: The Commission shall issue regulations on equal access and usage of public media for any candidate and Political Party participating in an election.
Source: National Elections Act 2012, art. 89(3): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified: 2021/06/02
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments: There are no specific legal provisions in this regard.
Source: National Elections Act 2012, art. 87: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There are no specific legal provisions in this regard. There is only a general provision, according to which the National Electoral Commission shall fix a ceiling for expenditures by political parties and individual candidates on their electoral campaign activities, based on the type and number of elections being held.
Source: National Elections Act 2012, art. 91 (5): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Pursuant to Schedule A(30) herein, the President, or the National Legislature, through a resolution passed by more than half of all its members, may refer for a referendum any matter of public interest.
Source: Transitional Constitution 2011, art. 193: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: Transitional Constitution 2011, art. 193: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: The President, or the National Legislature, through a resolution passed by more than half of all its members, may refer for a referendum any matter of public interest.
Source: Transitional Constitution 2011, art. 193 (1): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: Any matter submitted for a referendum shall be deemed to have been approved by the people of South Sudan if it has obtained more than half of the number of votes cast. Any matter which has been approved by the people of South Sudan in a referendum shall have authority above any legislation. It shall not be annulled save by another referendum.
Source: Transitional Constitution 2011, art. 193 (2, 3): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: Pursuant to Schedule A(30) herein, the President, or the National Legislature, through a resolution passed by more than half of all its members, may refer for a referendum any matter of public interest.
Source: Transitional Constitution 2011, art. 193 (1): http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source: Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012)
Verified: 2021/06/02
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
k . No information available
Comments: Every polling centre shall: (a) be located in the same location where the voter registered to vote, unless prevented for security reasons, seasonal changes or migrations; (b) be located on an open ground or in large premises that voters can access and depart easily; (c) remain in the same place for the duration of polling and announcement of results at the polling centre; and (d) be located in a place equipped to allow access by persons with special needs and the elderly to exercise their right to vote.
Source: National Elections Act of 2012, art. 102 (1): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified: 2021/06/02
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country
Comments: A South Sudanese national residing outside South Sudan and in possession of a South Sudanese passport, who satisfies the conditions set forth in Section 34 of this Act, shall have the right to apply for registration to vote.
Source: National Elections Act 2012, art. 34 (3): https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view;
Sudan Tribune Official Website: http://www.sudantribune.com/Voting-centers-abroad-for-Southern,37537 (2012)
Verified: 2021/06/02
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
c . Special polling stations
Comments: Voting centers abroad for Southern Sudan referendum
Source: Sudan Tribune Official Website: http://www.sudantribune.com/Voting-centers-abroad-for-Southern,37537 (2012)
Verified: 2021/06/02
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: A voter shall cast one vote for one candidate listed on the ballot paper
Source: National Elections Act of 2012, art. 62, 63: 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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