Lawyers Ask South Sudan Top Court to Declare Vote Delay Illegal
(Bloomberg) -- A group of lawyers in South Sudan are challenging the government’s decision to postpone elections for two years that were due in December, a move they say is unconstitutional.
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South Sudan deferred elections on Sept. 13, drawing a sharp rebuke from donor countries that said the nation’s leaders had failed to create the conditions necessary to hold credible, peaceful and inclusive elections by the end of the year.
“We are challenging the legality and constitutionality of the extension of the transitional period for 24 months,” Deng John Deng, one of five lawyers that filed a suit at the Supreme Court, told reporters in Juba, the capital, on Monday. “This extension is unconstitutional and is illegal and we are demanding our government to conduct elections within the time frame.”
State coffers in South Sudan have almost been wiped out after a key oil export pipeline burst, halting shipments of the commodity. The fissure is in an active conflict zone in neighboring Sudan, so repair work was delayed.
US Ambassador Michael Adler said last week the government wasn’t allocating adequate revenue for the elections, security and civil service salaries.
“While we recognize elections cannot be held this year because of leadership failures, we cannot in good conscience endorse this extension because we are not prepared to endorse a status quo that prioritizes the privileges of the elite over the welfare of the South Sudanese people,” he said.
President Salva Kiir has said the election delay will allow for the implementation of “critical remaining protocols” agreed under a 2018 peace accord to end a civil war in the East African nation. They include the drafting of a constitution to replace the current transitional charter, a national census, and registration of political parties.
There’s potential for violence for the already fragile country and region if the election process is mismanaged, the United Nations warned in March.
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