Rights
A transitional constitution from 2011 whose timetable has repeatedly slipped
The Transitional Constitution 2011, amended to incorporate the 2018 Revitalised Peace Agreement, remains in force well past its intended life. A permanent constitution-making process and elections have been repeatedly postponed.
Key rules
- Jurisdiction — Federal in form, with states and administrative areas. The Supreme Court exercises constitutional jurisdiction.
Governing law
- Transitional Constitution of the Republic of South Sudan 2011as amended
- Revitalised Agreement on the Resolution of the Conflict in South Sudan 2018
- Constitution-Making Process Act 2022
In practice
The 2011 text was written for a two-year transition to a permanent constitution and has instead governed for well over a decade, amended to absorb successive peace agreements after the 2013 and 2016 conflicts. The 2018 R-ARCSS created a power-sharing executive with multiple vice-presidents and provided for a permanent constitution and elections; the 2022 Act established the constitution-making machinery, and the timetable has been extended more than once. The Supreme Court holds constitutional jurisdiction but institutional independence is weak and judges have gone on strike over conditions and interference. Customary law is constitutionally recognised and, in practice, resolves the large majority of disputes through customary courts under the Local Government Act 2009. The entry is marked research because the constitutional framework is explicitly provisional and the operative arrangements shift with the peace process rather than with legal amendment.