PART SIXTEEN. TRANSITIONAL PROVISIONS AND THE PERMANENT CONSTITUTION PROCESS
CHAPTER I. TRANSITIONAL PROVISIONS
201
- Upon the Declaration of Independence and statehood of the Republic of South Sudan, on July 9, 2011, the President of the Government of Southern Sudan shall:
- assent to and sign into law the amended Interim Constitution of Southern Sudan, 2005, after its adoption by the Southern Sudan Legislative Assembly, which shall thereafter be known as the Transitional Constitution of the Republic of South Sudan, 2011;
- be sworn in as the President of the Republic of South Sudan in the same ceremony;
- establish the Council of States in accordance with the provisions of Article 94 (3) of this Constitution; and
- convene the National Legislature in accordance with the provisions of this Constitution.
- This Constitution shall remain in force until the adoption of a permanent constitution.
CHAPTER II. PERMANENT CONSTITUTION PROCESS
202. National Constitutional Review Commission
- There shall be established by the President of the Republic a Commission to be known as National Constitutional Review Commission within six months from coming into force of this constitution.
- The President of the Republic shall, after consultation with the Political Parties, Civil Society and other stakeholders appoint the Chairperson, Deputy Chairperson and members of the Commission.
- The term of reference of the Commissions, its procedures shall be detailed out in the instrument of the appointment.
- The Commission shall submit its report to the President after one year of its establishment.*The Transitional Constitution of South Sudan, 2011 (Amendment) Act, 2013:
The mandate and tenure of the Commission is hereby extended for a period beginning from 10th January, 2013 to 31st December, 2014. Upon completion of its work the Commission shall be considered dissolved.
- The Commission shall be established with due regard for gender, political, social and regional diversity of South Sudan in recognition of the need for inclusiveness, transparency and equitable participation. Each member of the Commission shall have the requisite competence and technical expertise and experience to contribute to fulfilling the mandate of the Commission.
- The Commission shall review the Transitional Constitution and collect views and suggestions from all the stakeholders including any changes that may need to be introduced to the current system of governance.
- The Commission may seek the assistance of other experts.
- The Commission shall conduct a nation-wide public information programme and civic education on constitutional issues.
- The Commission shall adopt its own rules of procedure.
- The Commission shall adopt and present the Draft Constitutional Text and an Explanatory Report to the President one year after its formation.*The Transitional Constitution of South Sudan, 2011 (Amendment) Act, 2013:
The Commission shall adopt and present the Draft Constitutional Text and an Explanatory Note to the President within a period not extending beyond 31st December, 2014.
- The President after receiving the Draft Constitutional Text and the Explanatory Report shall present the same to the Constitutional Conference as established below for deliberation.*The Transitional Constitution of South Sudan, 2011 (Amendment) Act, 2013:
The President, within three months of receiving the Draft Constitutional Text and Explanatory Note from the National Constitutional Review Commission shall present the same to the Constitutional Conference as established below for deliberation.
203. National Constitutional Conference
- Upon the presentation of the Draft Constitutional Text and Explanatory Report by the Commission, the President of the Republic shall, after consultation with relevant stakeholders, constitute and convene a National Constitutional Conference comprising delegates representing the following categories:
- Political Parties;
- civil society organizations;
- women organizations;
- youth organizations;
- faith-based organizations;
- people with special needs;
- Traditional Leaders;
- war widows, veterans and war wounded;
- business leaders;
- trade unions;
- professional associations;
- the academia; and
- other categories to be determined.
- Each of the categories in sub-Article (1) above shall nominate its delegates and present them to the President for appointment to the National Constitutional Conference.
- The National Constitutional Conference shall:
- formulate its rules of procedure;
- deliberate on the Draft Constitutional Text;
- keep the public informed of its proceedings which shall be conducted in a transparent manner and open to the media; and
- approve and pass the Draft Constitutional Text by simple majority of all the delegates.
- submit the Draft Constitutional Text to the President within six months.
- A Judge of the Supreme Court of South Sudan shall be the Chairperson of the National Constitutional Conference. The Conference shall have a Secretariat.
- The National Constitutional Conference shall commence its work as soon as it receives the Draft Constitutional Text and the Explanatory Report from the President.
- The National Constitutional Conference shall approve the Draft Constitutional Text and the Explanatory Report and the Conference shall thereafter be considered dissolved.
- The President shall, upon receipt of the Draft Constitutional Text, cause the same to be tabled before the National Legislature, at least one year before the end of the Transitional Period, for deliberation and adoption within three months.*The Transitional Constitution of South Sudan, 2011 (Amendment) Act, 2013:
The President shall, within three months of the receipt of the Draft Constitutional Text from the Constitutional Conference, cause the same to be tabled before the National Legislature for deliberation and adoption within twelve months.
- The Speaker of the National Legislature shall thereafter present the adopted Constitution to the President for assent and signature.
