Africa-Press – South-Sudan. The Revitalized Agreement on the Resolution of Conflict in South Sudan (R-ARCSS) could undergo sweeping changes after the Ministry of Justice and Constitutional Affairs tabled proposed amendments before the Transitional National Legislative Assembly (TNLA) last week, triggering fresh debate over legality, inclusivity, and the future of the country’s transition.
The move came after the government bypassed the Reconstituted Joint Monitoring and Evaluation Commission (R-JMEC), accusing the peace monitoring body of attempting to frustrate the amendment process.
Under Article 8.4 of the agreement, the peace deal cannot be amended unilaterally by one party or institution. Amendments are expected to follow agreed procedures involving the parties that signed the accord.
While the government says the proposed changes were reached through consensus with political stakeholders, concerns remain over the exclusion of Riek Machar, leader of the Sudan People’s Liberation Movement in Opposition (SPLM-IO) and one of the principal signatories to the agreement.
Machar and seven co-accused linked to his party are currently facing treason and murder charges that his camp describes as politically motivated. The government has also ignored repeated calls from the African Union and international actors for his release. With Machar in detention and the amendments now before parliament, the proposed changes could reshape the legal and political foundation of South Sudan’s transition.
One of the most significant amendments targets Chapter I, Article 1.2.5, which currently requires the transitional government to ensure that the Permanent Constitution-making process is completed before the end of the transitional period. The proposed amendment replaces that requirement with a duty to amend the Transitional Constitution of the Republic of South Sudan, 2011 (as amended) in order to separate it from the Permanent Constitution process.
If approved, this would mark a major shift in the roadmap of the transition. Instead of elections being preceded by the completion of a Permanent Constitution, the country could proceed to polls under an amended transitional legal framework. In effect, the constitution-making process would no longer be the central condition for ending the transition.
Another important change concerns Article 1.2.14, which currently requires the transitional government to conduct a national population and housing census before the end of the transition. Under the proposed amendment, that responsibility would be transferred to a future elected government. The explanatory note further recommends deleting the provision altogether as redundant.
Such a move would remove the census as a benchmark before the planned 2026 elections. Supporters may view this as a practical decision given time and logistical constraints, while critics may argue that credible elections require updated population data and constituency figures.
The proposed amendments also revise Article 1.20.5, which currently states that elections should be organized in accordance with a Permanent Constitution adopted under the agreement. The new text instead says elections would be conducted under the Transitional Constitution of the Republic of South Sudan, 2011 (as amended).
This means South Sudan’s next elections could be held without first adopting a Permanent Constitution. It would formally shift the legal basis of elections from a future national charter to the existing transitional framework.
A related amendment affects Article 1.20.6, which currently requires the National Elections Act, 2012, to be amended within two months of adopting the Permanent Constitution. Under the new proposal, the Elections Act would instead be revised within two months of amendments to the Transitional Constitution.
The practical effect would be to align election laws with the interim constitutional order rather than waiting for a permanent one. This suggests the government wants to fast-track the legal preparations necessary for elections.
The government is also seeking to amend Article 1.20.10, which currently requires the voters register to be published six months before elections. The proposed change reduces that period to three months.
If adopted, this would significantly shorten the electoral preparation calendar. While it could accelerate the path to elections, it may also raise concerns about whether there would be enough time for public verification, corrections, and dispute resolution.
Under Chapter VI, Article 6.4, the current agreement states that the Permanent Constitution must be completed within twenty-four months of the start of the transitional period and be in place to guide elections at the end of the transition. The proposed amendments seek to delete this article entirely.
Its removal would eliminate one of the most important deadlines in the peace agreement. There would no longer be a treaty-based requirement for the Permanent Constitution to guide elections or be finalized within a fixed period.
Further sweeping changes are proposed under Chapter VIII, where the government seeks to delete Article 8.2, which states that the peace agreement prevails over conflicting provisions of the Transitional Constitution. It also wants Article 8.3 removed. That article currently gives the agreement precedence over national legislation and previous agreements where conflicts arise.
If approved, these deletions would substantially weaken the legal supremacy of the peace agreement within South Sudan’s domestic system. The agreement would remain politically important, but its status above conflicting laws and constitutional provisions would be reduced.
The title of Chapter VIII, which currently reads “SUPREMACY OF THIS AGREEMENT AND PROCEDURES FOR AMENDMENT OF THE AGREEMENT,” would also be shortened to “Procedures for Amendment of the Agreement.” The wording change reflects the removal of clauses asserting the agreement’s supremacy.
The government has also proposed technical amendments to Annexure D, which contains implementation schedules and references. These include replacing references to the Permanent Constitution with the Transitional Constitution, updating article numbering, revising timelines for amending the Elections Act, and reducing the voter register publication period from six months to three.
If parliament approves the package, South Sudan’s peace agreement would shift decisively from a constitution-first transition to an election-first roadmap. The Permanent Constitution would no longer be a condition for polls, the census would be deferred, electoral timelines would be shortened, and the legal supremacy of the agreement would be weakened.
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