South Sudan's English Daily Newspaper
"We Dare where others fear"
By Jenifer James
Lawyers have petitioned the Constitutional Court seeking to annul the recent extension of the transition period for the third successive time.
The presidency on September 13, this year extended the transition period for additional two years on the pretext of gaining more time to implement the critical pending outstanding tasks within the 2018 revitalized peace agreement.
The transition period was supposed to end with elections in December 2024, but it was extended to December 2026.
The lawyers who petitioned the Constitutional Court on Monday, include Kur Lual Kur, Deng John Deng, Warnyang Kiir Warnyang, Suhila Deng, Ador Abraham Kot, and Santino Daniel.
“We challenge the illegality and constitutionality of the extension of the transitional period for 24 months in the Republic of South Sudan. We, as lawyers, thought that this extension is unconstitutional and is illegal, and we are demanding our government conduct the election within the time frame,” said Deng John Deng during a briefing to journalists in Juba after filing their petition.
According to the previous extension, the country is supposed to go for election by 2024 December.
He said the petition is currently in the office of the chief justice, Chan Reec Madut, adding that it is expected to be presented to the public on Wednesday.
“We have submitted the petition to the Office of Chief Justice, and then we will follow up on our petition next Wednesday, and then from there we will give more details to the press for the public to know,” said Deng.
He added that their prayer is for court to declare the extension of the transitional period unconstitutional, null, and void.
Meanwhile, a representative of the women’s advocacy association in South Sudan, Suhila Deng, said that Article 8.4 of the 2018 peace agreement provides that atleast two-thirds of the members of the Council of Ministers of the RTGoNU and two-thirds of the voting members of the Revitalized Joint Monitoring and Evaluation Commission must consent to any amendment, followed by ratification by the Transitional National Legislature.
“If we look at the extension, the peace monitor has accepted the extension, and currently we will follow up with the Chief Justice on the petition,” said Deng.
Article 199 under Chapter 15 of the Transitional Constitution 2011, states that the Constitution shall not be amended unless the proposed amendment is approved by two-thirds of all members of in the lower and upper houses of the National Legislature sitting separately, and only after the introduction of the draft amendment at least one month prior to the deliberations.
