Cabinet approves Transitional Constitution usage ahead of 2026 polls

JUBA – The Council of Ministers has approved the amendments to South Sudan’s 2018 Revitalized Peace Agreement, clearing the way for the continued use of the 2011 Transitional Constitution as the country prepares for the 2026 general elections.

The decision allows the government to operate under the current Transitional Constitution, as amended, while separating key reform processes—permanent constitution-making, the national population census, and housing data—from the peace agreement. Officials say these steps are intended to prevent further delays that could undermine preparations for the planned polls.

Minister of Cabinet Affairs, Dr Martin Elia Lomuro, described the resolution as a necessary political and administrative adjustment. He said linking constitution-making and the census to the peace deal had contributed to years of stalled implementation, creating uncertainty around governance and the electoral timeline.

“Delinking the constitutional-making process and national census and housing data from the agreement will allow us to amend the constitution and continue using the Transitional Constitution of 2011,” Dr Lomuro told reporters after the meeting. He added that the move was aimed at ensuring continuity in government operations as the country moves toward elections.

The 2018 Revitalised Peace Agreement provides that, in the event of a conflict between its provisions and those of the constitution, the agreement takes precedence. However, the cabinet’s decision raises questions about how this principle will apply going forward, particularly as the government signals its intention to rely on the existing constitutional framework ahead of the 2026 polls.

The peace deal outlines several key benchmarks before elections can be held, including the drafting of a permanent constitution, the conduct of a national census, and the unification of armed forces.

These processes have faced repeated delays due to political disagreements, insecurity, and funding constraints. By decoupling them from the peace agreement, the government appears to be prioritizing electoral timelines over the completion of broader reforms.

In the same meeting, cabinet ministers also discussed mounting challenges in the health sector, warning that reduced funding from international partners, including the World Bank, is already affecting service delivery. Major hospitals in Wau, Malakal, and Rumbek have reportedly scaled back operations due to financial shortfalls.

Dr Lomuro said the government may need to step in with co-financing to prevent further deterioration of health services. The cabinet directed the relevant ministry to prepare a detailed memo outlining the funding gaps and the resources required to sustain critical facilities.

South Sudan heads toward the 2026 elections amid unpaid salaries, overstretched public services, incomplete peace implementation, and a low citizen approval rating of the Kiir regime.