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The Transitional Constitution

LAWS OF SOUTH SUDAN
THE TRANSITIONAL CONSTITUTION OF THE
REPUBLIC OF SOUTH SUDAN , 2011

THE TRANSITIONAL CONSTITUTION OF THE REPUBLIC OF SOUTH
SUDAN, 2011
ARRANGEMENT OF PARTS, CHAPTERS AND ARTICLES
Article Page
Preamble 1
PART ONE
SOUTH SUDAN AND THE CONSTITUTION
1. The Republic of South Sudan and its Territory 2
2. Sovereignty 2
3. Supremacy of the Constitution 2
4. Defence of the Constitution 3
5. Sources of Legislation 3
6. Language 3
7. Symbols 3
8. Religion 3
PART TWO
BILL OF RIGHTS
9. Nature of the Bill of Rights 4
10. Sanctity of Rights and Freedoms 4
11. Life and Human Dignity 4
12. Personal Liberty 4
13. Freedom from Slavery, Servitude and Forced Labour 4
14. Equality before the Law 5
15. Right to found a Family 5
16. Rights of Women 5
17. Rights of the Child 5
18. Freedom from Torture 6
19. Fair Trial 6
20. Right to Litigation 6
21. Restriction on Death Penalty 7
22. Privacy 7
23. Religious Rights 7
24. Freedom of Expression and Media 7
25. Freedom of Assembly and Association 8
26. Right to Participation and Voting 8
27. Freedom of Movement and Residence 8
28. Right to Own Property 8
29. Right to Education 9
30. Rights of Persons with Special Needs and the Elderly 9

31. Public Heal th Care 9
32. Right of Access to Information 9
33. Rights of Ethnic and Cultural Communities 9
34. Right to Housing 9
PART THREE
FUNDAMENTAL OBJECTIVES AND GUIDING PRINCIPLES
CHAPTER I
OBJECTIVES AND PRINCIPLES
35. Guiding Objectives and Principles 10
36. Political Objectives 10
37. Economic Objectives 11
38. Education, Science, Art and Culture 11
39. Family 12
40. Children, Youth and Sports 12
41. The Environment 13
42. Defence of the Republic of South Sudan 13
43. Foreign Policy 13
44. Savi ng 14
CHAPTER II
CITIZENSHIP AND NATIONALITY
45. Citizenship and Rights 14
46. Duties of the Citizen 14
CHAPTER III
THE DECENTRALIZED SYSTEM OF GOVERNANCE
47. Levels of Government 15
48. Devolution of Powers 15
49. Inter -Governmental Linkages 16
PART FOUR
THE NATIONAL GOVERNMENT
50. Establishment of the National Government 17
51. Organs of the National Government 17
52. Powers and Competences of the National Government 17
53. Primary Responsibilities of the National Government 17

PART FIV E
THE NATIONAL LEGISLATURE
CHAPTER I
ESTABLISHMENT, COMPOSITION AND FUNCTIONS
54. Establishment and Composition of the National Legislature 18
55. Competences of the National Legislature 18
56. Composition of the National Legislative Assembly 19
57. Powers and Functions of the National Legislative Assembly 19
58. Composition of the Council of States 20
59. Competenc ies of the Council of States 20
60. Rules of the National Legislature 20
61. Seat of the National Legislature 21
62. Eligibility for Memb ership 21
63. Loss of Membership of the National Legislature 21
64. By -elections 22
65. Oath of a Member of the National Legislature 22
66. Term of the National Legislature 23
67. Immunity of Members of the National Legislature 23
68. Sessions of the National Legislature 23
69. Officers of the National Legislature 23
70. Emoluments of Members of the National Legislature 24
71. Minority Leaders 24
72. Committees of the National Legislature 24
73. Regulations of the National Legislature 25
74. Quo rum 25
75. Publicity of Sittings of the National Legislature 25
76. Passing Legislative Resolutions 25
77. Privileges of Members of the National Legislature 25
78. Address by the President 26
79. Address by the Vice President and Statements by Ministe rs and Governors 26
80. Questions Addressed to Ministers by Members of the National Legislature 26
81. Request of Statements 26
82. General Summons 26
83. Tabling of Bills 27
84. Procedures for Presentation and Consideration of Bills 27
85. Assent of the President 28
86. Provisional Orders 28
87. Bills Pertaining to Allocation of Resources and Revenues 29
88. General Budget Proposals, Estimates and Related Bills 29
89. Private Member Financial Bill 30
90. Provisional and Supplementary Financial Me asures 30
91. Final Accounts 31
92. Delegation of Powers of Subsidiary Legislation 31

93. Validity of the Proceedings of the National Legislature 31
CHAPTER II
94. Interim Provisions 31
PART SIX
THE NATIONAL EXECUTIVE
CHAPTER I
ESTABLISHMENT, COMPO SITION AND POWERS
95. Establishment and Composition of the Executive 32
96. Powers and Competences of the Executive 32
CHAPTER II
THE PRESIDENT OF THE REPUBLIC
97. The President 32
98. Eligibility for the Office of the President 32
99. Oath of the President 33
100. Tenure of the Office of the President 33
101. Functions of the President 33
102. Vacancy of Office of the President 34
103. Immunity and Impeachment of the President 34
10 4. Appointment and Removal of the Vice President 35
10 5. Funct ions of the Vice President 36
10 6. Vacancy of Office of the Vice President 36
10 7. Presidential Advisors 36
CHAPTER III
THE NATIONAL COUNCIL OF MINISTERS
10 8. Establishment and Composition of the Council of Ministers 37
109 . Competences of the Counci l of Ministers 37
11 0. Functions of the Council of Ministers 37
11 1. Confidentiality of Deliberations of the Council of Ministers 38
11 2. Appointment and Removal of Ministers 38
11 3. Oath of a Minister 38
11 4. Functions of a Minister 38
11 5. Collective and Individual Responsibility of Ministers 39
11 6. Contesting Ministerial Acts 39
11 7. Appointment, Removal and Functions of Deputy Ministers 39
11 8. Vote of No Confidence Against a Minister 39
119 . Vacancy of the Office of a Minister or Deputy Minister 40

12 0. Declaration of Wealth and Prohibition of Private Business 40
12 1. Emoluments and Remuneration 40
PART SEVEN
THE JUDICIARY
12 2. The Judicial Power 41
12 3. Structure of the Judiciary 41
12 4. Independence of the Judiciary 42
12 5. Composition of the Supreme Court 42
12 6. Competences of the Supreme Court 42
12 7. Administrative Functions of the Chief Justice 43
12 8. Administrative Functions of the Deputy Chief Justice 44
129 . Courts of Appeal 44
13 0. High Courts 44
13 1. County and Other Courts 44
13 2. The National Judicial Service Commission 44
13 3. Appointment of Justices and Judges 45
13 4. Discipline of Justices and Judges 45
PART EIGHT
PUBLIC ATTORNEYS AND ADVOCACY
13 5. Public Attorneys and Legal Advisors 45
13 6. Advocacy 46
137. Law Review Commission 46
PART NINE
THE CIVIL SERVICE, INDEPENDENT INSTITUTIONS AND COMMISSIONS
CHAPTER I
THE CIVIL SERVICE
138. Civil Service 47
139. Basic Values and Guidelines fo r Civil Service 47
140. The Civil Service Commission 48
141. Employees Justice Chamber 48
CHAPTER II
142. Independent Institutions and Commissions 49
CHAPTER III
ANTI -CORRUPTION COMMISSION
143. Establishment of the Anti -Corruption Commission 49

144 . Functions of the Commission 49
CHAPTER IV
HUMAN RIGHTS COMMISSION
145. Establishment of the Human Rights Commission 50
146. Functions of the Commission 50
CHAPTER V
147. Public Grievances Chamber 51
CHAPTER VI
148. Relief and Rehabilitation Com mission 52
CHAPTER VII
149. Demobilization, Disarmament and Re -Integration Commission 52
CHAPTER VIII
150. HIV/AIDS Commission 52
PART TEN
ARMED FORCES, LAW ENFORCEMENT AGENCIES AND SECURITY
CHAPTER I
ARMED FORCES
151. Composition, Status, Mission and Duties 53
152. Code of Conduct for the Armed Forces 54
153. Command and Control 54
154. Command Council 54
CHAPTER II
LAW ENFORCEMENT AGENCIES
155. The Police Service 54
156. The Prisons Service 55
157. The Wildlife Service 56
158. The Fire Br igade Service 56

CHAPTER III
NATIONAL SECURITY
159. Guiding Principles of National Security 57
160. National Security Service 57
161. National Security Council and Committees 58
PART ELEVEN
THE STATES, LOCAL GOVERNMENT AND TRADITIONAL AUTHORITY
CHAPTER I
STATES OF SOUTH SUDAN
162. General Provisions 58
163. State Organs 58
164. State Legislative Assembly 59
165. State Executive 60
CHAPTER II
LOCAL GOVERNMENT
166. Local Government 60
167. Traditional Authority 62
168. Role of Traditional Authority 62
PART TWELVE
FINANCE AND ECONOMIC MATTERS
CHAPTER I
169. Guiding Principles for Development and Equitable Sharing of National Wealth 62
CHAPTER II
LAND OWNERSHIP, TENURE AND NATURAL RESOURCES
170. Land Ownership 63
171. Land Tenure 63
17 2. Land Commission 65
CHAPTER III
PETROLEUM AND GAS DEVELOPMENT AND MANAGEMENT
173. Guiding Principles for Petroleum and Gas Development and Management 65
174. National Petroleum and Gas Council 66
175. Ministry in Charge of Petroleum and Gas 66

176. Na tional Petroleum and Gas Corporation 67
CHAPTER IV
SOURCES OF REVENUE
177. Sources of Revenue for the National Government 67
178. National Oil Revenue 67
179. Sources of Revenue of the States 68
CHAPTER V
FISCAL AND FINANCIAL INSTITUTIONS
180. National Revenue Fund 68
181. Fiscal and Financial Allocation and Monitoring Commission 68
CHAPTER VI
BANKING IN SOUTH SUDAN
182. Establishment of the Bank of South Sudan 69
183. Circulating Currencies in South Sudan 70
184. Borrowing 71
CHAPTER VII
ACCOUNT ING STANDARDS
185. Accounting Procedures, Standards and Fiscal Accountability 71
186. National Audit Chamber 71
CHAPTER VIII
INTERSTATE TRADE, COMMERCE AND LIABILITIES AND ASSETS
187. Interstate Trade and Commerce 73
188. Government Liabilities and Assets 73
PART THIRTEEN
STATE OF EMERGENCY AND DECLARATION OF WAR
189. Declaration of a State of Emergency 73
190. Powers of the President in a State of Emergency 74
191. Duration of a State of Emergency 74
192. Declaration of War 74

PART FOURTEEN
CENSUS, REFERENDA AND ELECTIONS
CHAPTER I
CENSUS AND STATISTICS
193. The National Bureau of Statistics 75
194. Population Census 75
CHAPTER II
195. Referenda 75
CHAPTER III
ELECTIONS
196. Running for Elections 76
197. The National Elections Commiss ion 76
PART FIFTEEN
MISCELLANEOUS PROVISIONS
198. Coming into Force of this Constitution 76
199. Amendment of this Constitution 77
200. Continuity of Laws and Institutions 77
PART SIXTEEN
TRANSITIONAL PROVISIONS AND THE PERMANENT CONSTITUTION PROCESS
CHAPTER I
201. Transitional Provisions 77
CHAPTER II
PERMANENT CONSTITUTION PROCESS
202. National Constitutional Review Commission 78
203. National Constitutional Conference 79

SCHEDULES
Schedule (A): National Powers 81
Schedule (B): Powers of States 82
Schedule (C): Concurrent Powers 83
Schedule (D): Residual Powers 84
Schedule (E): Resolution of Conflicts in Respect of Concurrent Powers 84

In accordance with the provisions of Article 59 (2) (b) re ad together with Article 85 (1) of the
Interim Constitution of Southern Sudan, the Southern Sudan Legislative Assembly, with the
assent of the President of the Government of Southern Sudan, hereby enacts the following:
PREAMBLE
We, the People of South S udan,
Grateful to the Almighty God for giving the people of South Sudan the wisdom and courage to
determine their destiny and future through a free, transparent and peaceful referendum in
accordance with the provisions of the Comprehensive Peace Agreement , 2005;
Recalling our long and heroic struggle for justice, freedom, equality and dignity in South
Sudan;
Remembering and inspired by the selfless sacrifices of our martyrs, heroes and heroines;
Dedicated to a genuine national healing process and the b uilding of trust and confidence in
our society through dialogue;
Determined to lay the foundation for a united, peaceful and prosperous society based on
justice, equality, respect for human rights and the rule of law;
Committed to establishing a decentra lized democratic multi -party system of governance in
which power shall be peacefully transferred and to upholding values of human dignity and
equal rights and duties of men and women;
Conscious of the need to manage our natural resources sustainably and e fficiently for the
benefit of the present and future generations and to eradicate poverty and attain the
Millennium Development Goals;
Do hereby , through this Southern Sudan Legislative Assembly, amend the Interim Constitution
of Southern Sudan, 2005, whi ch shall be adopted and hereafter referred to as the “Transitional
Constitution of the Republic of South Sudan, 2011,” and shall be the supreme law by which the
independent and sovereign South Sudan shall be governed during the Transitional Period, and
und ertake to abide by, respect and defend it.

PART ONE
SOUTH SUDAN AND THE CONSTITUTION
The Republic of South Sudan and its Territory
1. (1) South Sudan is a sovereign and independent Republic, and it shall be known as
“The Republic of South Sudan.”
(2) The territory of the Republic of South Sudan comprises –
(a) all lands and air space that constituted the three former Southern Provinces
of Bahr el Ghazal, Equatoria and Upper Nile in their boundaries as they
stood on January 1, 1956; and
(b) the Abyei Ar ea, the territory of the nine Ngok Dinka chiefdoms
transferred from Bahr el Ghazal Province to Kordofan Province in 1905 as
defined by the Abyei Arbitration Tribunal Award of July 2009 in the event
that the resolution of the final status of the Abyei Area results in the Area
becoming part of the Republic of South Sudan.
(3) The Republic of South Sudan is bordered by Sudan in the north, Ethiopia in the
east, Kenya and Uganda in the south, the Democratic Republic of Congo in the
southwest and the Central A frican Republic in the west.
(4) South Sudan is governed on the basis of a decentralized democratic system and is
an all embracing homeland for its people. It is a multi -ethnic, multi -cultural,
multi -lingual, multi -religious and multi -racial entity wher e such diversities
peacefully co -exist.
(5) South Sudan is founded on justice, equality, respect for human dignity and
advancement of human rights and fundamental freedoms.
Sovereignty
2. Sovereignty is vested in the people and shall be exercised by the State through its
democratic and representative institutions established by this Constitution and the
law.
Supremacy of the Constitution
3. (1) This Constitution derives its authority from the will of the people and shall be the
supreme law of the land. It shall have a binding force on all persons, institutions,
organs and agencies of government throughout the Country .

(2) The authority of government at all levels shall derive from this Constitution and
the law.
(3) The states’ constitution s and all laws shall conform to this Constitution.
Defence of the Constitution
4. (1) No person or group of persons shall take or retain control of State power except in
accordance with this Constitution.
(2) Any person or group of persons who attemp t(s) to overthrow the constitutional
government, or suspend or abrogate this Constitution commits treason.
(3) Every citizen shall have the duty to resist any person or group of persons seeking
to overthrow the constitutional government, or suspend or abrogate this
Constitution.
(4) All levels of government shall promote public awareness of this Constitution by
translating it into national languages and disseminating it as widely as possible.
They shall provide for the teaching of this Constitution i n all public and private
educational and training institutions as well as in the armed and other regular
forces, by regularly transmitting and publishing programmes in respect thereof
through the media and press.
Sources of Legislation
5. The sources of legislation in South Sudan shall be:
(a) this Constitution;
(b) written law;
(c) customs and traditions of the people;
(d) the will of the people; and
(e) any other relevant source.
Language
6. (1) All indigenous languages of South Sudan are national languages and shall be
respected, developed and promoted.
(2) English shall be the official working language in the Republic of South Sudan, as
well as the language of instruction at all levels of education.
(3) The State shall promote the development of a sign language f or the benefit of
people with special needs.

National Symbols
7. The flag, emblem, national anthem, coat of arms, public seal, medals, festivals and
commemorations of the State shall be prescribed by law.
Religion
8. (1) Religion and State shall be separate.
(2) All religions shall be treated equally and religion or religious beliefs shall not be
used for divisive purposes.
PART TWO
BILL OF RIGHTS
Nature of the Bill of Rights
9. (1) The Bill of Rights is a covenant among the people of Sout h Sudan and between
them and their government at every level and a commitment to respect and
promote human rights and fundamental freedoms enshrined in this Constitution; it
is the cornerstone of social justice, equality and democracy.
(2) The rights and freedoms of individuals and groups enshrined in this Bill shall be
respected, upheld and promoted by all organs and agencies of Government and by
all persons.
(3) All rights and freedoms enshrined in international human rights treaties,
covenants an d instruments ratified or acceded to by the Republic of South Sudan
shall be an integral part of this Bill.
(4) This Bill of Rights shall be upheld by the Supreme Court and other competent
courts and monitored by the Human Rights Commission.
Sanctity o f Rights and Freedoms
10. Subject to Article 190 herein, no derogation from the rights and freedoms enshrined in
this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the
Supreme Court and other competent courts; the Human Rights Commission shall monitor
its application in accordance with this Constitution and the law.
Life and Human Dignity
11. Every person has the inherent right to life, dignity and the integrity of his or her person
which shall be protected by law; no one shall be arbitrarily deprived of his or her life.

Personal Liberty
12. Every person has the right to liberty and security of person; no person shall be subjected
to arrest, detention, deprivation or restriction of his or her liberty except for specif ied
reasons and in accordance with procedures prescribed by law.
Freedom from Slavery, Servitude and Forced Labour
13. (1) Slavery and slave trade in all forms are prohibited. No person shall be held in
slavery or servitude.
(2) No person shall be r equired to perform forced or compulsory labour except as a
penalty upon conviction by a competent court of law.
Equality before the Law
14. All persons are equal before the law and are entitled to the equal protection of the law
without discrimination as to race, ethnic origin, colour, sex, language, religious creed,
political opinion, birth, locality or social status.
Right to found a Family
15. Every person of marriageable age shall have the right to marry a person of the opposite
sex and to found a f amily according to their respective family laws, and no marriage shall
be entered into without the free and full consent of the man and woman intending to
marry.
Rights of Women
16. (1) Women shall be accorded full and equal dignity of the person with m en.
(2) Women shall have the right to equal pay for equal work and other related benefits
with men.
(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the
legislative and executive organs by at least twenty -five per cent as an
affirmative action to redress imbalances created by history, customs, and
traditions;
(b) enact laws to combat harmful customs and tradi tions which undermine the
dignity and status of women; and
(c) provide maternity and child care and medical care for pregnant and
lactating women.

(5) Women shall have the right to own property and share in the estates of their
deceased husbands togethe r with any surviving legal heir of the deceased.
Rights of the Child
17. (1) Every child has the right:
(a) to life, survival and development;
(b) to a name and nationality;
(c) to know and be cared for by his or her parents or legal guardian;
(d) not to be subjected to exploitative practices or abuse, nor to be required to
serve in the army nor permitted to perform work which may be hazardous
or harmful to his or her education, health or well -being;
(e) to be free from any form of discrimination;
(f) to be free from corporal punishment and cruel and inhuman treatment by
any person including parents, school administrations and other
institutions;
(g) not to be subjected to negative and harmful cultural practices which affect
his or her health, welfare or dignity; and
(h) to be protected from abduction and trafficking.
(2) In all actions concerning children undertaken by public and private welfare
institutions, courts of law, administrative authorities or legislative bodies, the
paramount consideration shall be the best interest of the child.
(3) All levels of government shall accord special protection to orphans and other
vulnerable children; child adoption shall be regulated by law.
(4) For the purposes of this Constitution, a child is any perso n under the age of
eighteen years.
Freedom from Torture
18. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Fair Trial
19. (1) An accused person is presumed to be innocent until his or her guilt is pr oved
according to the law.
(2) Any person who is arrested shall be informed, at the time of arrest, of the reasons
for his or her arrest and shall be promptly informed of any charges against him or
her.

(3) In all civil and criminal proceedings, ever y person shall be entitled to a fair and
public hearing by a competent court of law in accordance with procedures
prescribed by law.
(4) A person arrested by the police as part of an investigation, may be held in
detention, for a period no t exceeding 24 hours and if no t released on bond
to be produced in court. The court has authority to either remand the
accused in prison or to release him or her on bail.
(5) No person shall be charged with any act or omission wh ich did not constitute an
offence at the time of its commission.
(6) Every accused person shall be entitled to be tried in his or her presence in any
criminal trial without undue delay; the law shall regulate trial in absentia.
(7) Any accused person has the right to defend himself or herself in person or through
a lawyer of his or her own choice or to have legal aid assigned to him or her by
the government where he or she cannot afford a lawyer to defend him or her in
any serious offence.
Right to L itigation
20. The right to litigation shall be guaranteed for all persons; no person shall be denied the
right to resort to courts of law to redress grievances whether against government or any
individual or organization.
Restriction on Death Penalty
21 . (1) No death penalty shall be imposed, save as punishment for extremely serious
offences in accordance with the law.
(2) No death penalty shall be imposed on a person under the age of eighteen or a
person who has attained the age of seventy.
(3) No death penalty shall be executed upon a pregnant or lactating woman, save after
two years of lactation.
Privacy
22. The privacy of all persons shall be inviolable; no person shall be subjected to interference
with his or her private life, family, home o r correspondence, save in accordance with the
law.
Religious Rights
23. The following religious rights are guaranteed by this Constitution:

(a) the right to worship or assemble in connection with any religion or belief
and to establish and maintain plac es for these purposes;
(b) the right to establish and maintain appropriate faith -based, charitable or
humanitarian institutions;
(c) the right to acquire, possess and own movable and/or immovable property
and make, acquire and use the necessary articles an d materials related to
the rites or customs of religion or belief;
(d) the right to write, issue and disseminate religious publications;
(e) the right to teach religion or beliefs in places suitable for these purposes;
(f) the right to solicit and receive voluntary financial and other contributions
from individuals, private and public institutions;
(g) the right to train, appoint, elect or designate by succession appropriate
religious leaders called for by the requirements and standards of any
religion or b elief;
(h) the right to observe days of rest, celebrate holidays and ceremonies in
accordance with the precepts of religious beliefs; and
(i) the right to communicate with individuals and communities in matters of
religion and beliefs at national and inter national levels.
Freedom of Expression and Media
24. (1) Every citizen shall have the right to the freedom of expression, reception and
dissemination of information, publication, and access to the press without
prejudice to public order, safety or mora ls as prescribed by law.
(2) All levels of government shall guarantee the freedom of the press and other media
as shall be regulated by law in a democratic society.
(3) All media shall abide by professional ethics.
Freedom of Assembly and Associati on
25. (1) The right to peaceful assembly is recognized and guaranteed; every person shall
have the right to freedom of association with others, including the right to form or
join political parties, associations and trade or professional unions for the
protection of his or her interests.
(2) Formation and registration of political parties, associations and trade unions shall
be regulated by law as is necessary in a democratic society.
(3) No association shall function as a political party at the National or state level
unless it has:

(a) its membership open to any South Sudanese irrespective of religion,
gender, ethnic origin or place of birth;
(b) a programme that does not contradict the provisions of this Constitution;
(c) a democratically elec ted leadership and institutions; and
(d) disclosed and transparent sources of funding.
Right to Participation and Voting
26. (1) Every citizen shall have the right to take part in any level of government directly
or through freely chosen representative, and shall have the right to nominate
himself or herself or be nominated for a public post or office in accordance with
this Constitution and the law.
(2) Every citizen shall have the right to vote or be elected in accordance with this
Constitution and the law.
Freedom of Movement and Residence
27. (1) Every citizen shall have the right to freedom of movement and the liberty to
choose his or her residence except for reasons of public health and safety as shall
be regulated by law.
(2) Every citize n shall have the right to leave and or return to South Sudan.
Right to Own Property
28. (1) Every person shall have the right to acquire or own property as regulated by law.
(2) No private property may be expropriated save by law in the public inte rest and in
consideration for prompt and fair compensation. No private property shall be
confiscated save by an order of a court of law.
Right to Education
29. (1) Education is a right for every citizen and all levels of government shall provide
access to education without discrimination as to religion, race, ethnicity, health
status including HIV/AIDS, gender or disability.
(2) All levels of government shall promote education at all levels and shall ensure
free and compulsory education at the prima ry level; they shall also provide free
illiteracy eradication programmes.
Rights of Persons with Special Needs and the Elderly
30. (1) All levels of government shall guarantee to persons with disabilities or special
needs participation in society and th e enjoyment of rights and freedoms set out in

this Constitution, especially access to public utilities, suitable education and
employment.
(2) The elderly and persons with disabilities or special needs shall have the right to
the respect of their digni ty. They shall be provided with the necessary care and
medical services as shall be regulated by law.
Public Health Care
31. All levels of government shall promote public health, establish, rehabilitate and develop
basic medical and diagnostic institutio ns and provide free primary health care and
emergency services for all citizens.
Right of Access to Information
32. Every citizen has the right of access to official information and records, including
electronic records in the possession of any level of government or any organ or agency
thereof, except where the release of such information is likely to prejudice public security
or the right to privacy of any other person.
Rights of Ethnic and Cultural Communities
33. Ethnic and cultural communities shal l have the right to freely enjoy and develop their
particular cultures. Members of such communities shall have the right to practice their
beliefs, use their languages, observe their religions and raise their children within the
context of their respective cultures and customs in accordance with this Constitution and
the law.
Right to Housing
34. (1) Every citizen has the right to have access to decent housing.
(2) The State shall formulate policies and take reasonable legislative measures within
its available resources to achieve the progressive realization of these rights.
(3) No one shall be evicted from his or her lawfully acquired home or have his or her
home demolished save in accordance with the law.

PART THREE
FUNDAMENTAL OBJECTIVE SAND GUIDING PRINCIPLES
CHAPTER I
OBJECTIVES AND PRINCIPLES
Guiding Objectives and Principles
35. (1) All levels of government and their organs, institutions and citizens shall be guided
by the objectives and principles contained in this Constitution .
(2) This Constitution shall be interpreted and applied to advance the individual
dignity and address the particular needs of the people by dedicating public
resources and focusing attention on the provision of gainful employment for the
people, and im proving their lives by building roads, schools, airports, community
institutions, hospitals, providing clean water, food security, electric power and
telecommunication services to every part of the country.
Political Objectives
36. (1) All levels of go vernment shall promote democratic principles and political
pluralism, and shall be guided by the principles of decentralization and devolution
of power to the people through the appropriate levels of government where they
can best manage and direct their a ffairs.
(2) All levels of government shall:
(a) promote and consolidate peace and create a secure and stable political
environment for socio -economic development;
(b) initiate a comprehensive process of national reconciliation and healing that
shall pro mote national harmony, unity and peaceful co -existence among
the people of South Sudan;
(c) inculcate in the people a culture of peace, unity, cooperation,
understanding, tolerance and respect for customs, traditions and beliefs of
each other; and
(d) mobi lize popular energies and resources for reconstruction and
development.
(3) The security and welfare of the people of South Sudan shall be the primary duty
of all levels of government.
(4) The composition of governments shall take into account ethnic, regional and
social diversity in order to promote national unity and command national loyalty.

(5) All public offices shall be held in trust for the people and all persons in positions
of leadership and responsibility shall be answerable to the people in their work
and duties.
Economic Objectives
37. (1) The principal objective of the economic development strategy shall be the:
(a) eradication of poverty;
(b) attainment of the Millennium Development Goals ;
(c) guaranteeing the equitable distribution of wealth;
(d) redressing imbalances of income; and
(e) achieving a decent standard of life for the people of South Sudan.
(2) All levels of government shall:
(a) develop and regulate the economy in order to achieve prosperity through
policies aimed at in creasing production, creating an efficient and self –
reliant economy and encouraging free market and prohibition of
monopoly;
(b) protect and ensure the sustainable management and utilization of natural
resources including land, water, petroleum, minerals, fauna and flora for
the benefit of the people;
(c) facilitate the development of the private sector, particularly indigenous
entrepreneurs to establish and develop a viable private sector capable of
participating effectively in reconstruction and developme nt;
(d) promote private initiative and self -reliance and take all necessary steps to
involve the people in the formulation and implementation of development
plans and programmes that affect them and to enhance as well their right
to equal opportunities in development;
(e) promote agricultural, industrial and technological development by
adopting appropriate policies and legislation for the encouragement and
attraction of local and foreign investment; and
(f) take necessary measures to bring about balanced, integrated and equitable
development of different areas and to encourage and expedite rural
development as a strategy for averting urban -biased development and
policies that have been responsible for the neglect of rural communities.
(3) The State shall ensure that National wealth is equitably shared among all levels of
government for the welfare of the people.

Education, Science, Art and Culture
38. (1) All levels of government shall:
(a) promote education at their respective levels to create the necessary
qualified cadres for development;
(b) mobilize public, private and communal resources and capabilities for
education and promotion of scientific research geared towards
development;
(c) encourage and promote arts and craft and foster their patro nization by
government institutions and citizens;
(d) recognize cultural diversity and encourage such diverse cultures to
harmoniously flourish and find expression through education and the
media;
(e) protect cultural heritage, monuments and places of nati onal, historic or
religious importance from destruction, desecration, unlawful removal or
illegal export; and
(f) protect, preserve and promote the cultures of the people which enhance
their human dignity and are consistent with the fundamental objectives
and principles set out in this Chapter.
(2) The National Government shall:
(a) guarantee academic freedom in institutions of higher education and protect
the freedom of scientific research within the ethical parameters of research
and as shall be regu lated by law; and
(b) endeavour to avail the necessary financial resources to make education
affordable at secondary and higher levels, including technical and
vocational training, in order to bridge the educational gap caused by the
collapse of educationa l services during the years of conflict.
(3) Every person or group of persons shall have the right to establish and maintain
private schools and other educational institutions at all levels in accordance with
the conditions and standards prescribed by la w.
Family
39. (1) Family is the natural and fundamental unit of society and shall be protected by
law.
(2) All levels of government shall promote the welfare of the family and enact the
necessary laws for its protection.
(3) It is the right and du ty of parents to care for and bring up their children.

(4) Children shall not be separated from their parents or persons legally entitled to
care for them against the will of such parents or persons, except in accordance
with the law.
Children, Youth an d Sports
40. All levels of government shall:
(a) adopt policies and provide facilities for the welfare of children and youth
and ensure that they develop morally and physically, and are protected
from moral and physical abuse and abandonment;
(b) promote recreational facilities and sports for all the citizens and empower
the youth to develop their potentials; and
(c) establish, protect, support popular sports institutions ,indigenous games
and their sustainability .
The Environment
41. (1) Every person or community shall have the right to a clean and healthy
environment.
(2) Every person shall have the obligation to protect the environment for the benefit
of present and future generations.
(3) Every person shall have the right to have the environmen t protected for the
benefit of present and future generations, through appropriate legislative action
and other measures that:
(a) prevent pollution and ecological degradation;
(b) promote conservation; and
(c) secure ecologically sustainable development and use of natural resources
while promoting rational economic and social development so as to
protect genetic stability and bio -diversity.
(4) All le vels of government shall develop energy policies that will ensure that the
basic needs of the people are met while protecting and preserving the
environment.
Defence of the Republic of South Sudan
42. (1) Defence of the Republic of South Sudan is an honour and a duty of every citizen.
(2) The State shall, by law, provide for the care of the combatants, the wounded
heroes and heroines , the families of martyrs and those missing in action.

Foreign Policy
43. Foreign policy of the Republic of South Sudan shall serve the national interest and shall
be conducted independently and transparently with the vie w to achieving the following:
(a) promotion of international cooperation, specially within the United
Nations family, African Union and other international and regional
organizations, for the purposes of consolidating universal peace and
security, respec t for international law, treaty obligations and fostering a
just world economic order;
(b) achievement of African economic integration, within the ongoing regional
plans and fora as well as promoting African unity and co -operation as
foreseen in those pla ns;
(c) enhancement of respect for human rights and fundamental freedom s
regionally and internationally ;
(d) promotion of dialogue among civilizations and establishment of
international order based on justice and common human destiny;
(e) respect for in ternational law and treaty obligations, as well as the seeking
of the peaceful settlement of international disputes by negotiation,
mediation, conciliation, arbitration and adjudication;
(f) enhancement of economic cooperation among countries of the regio n;
(g) non -interference in the affairs of other States, promotion of good –
neighbourliness and mutual cooperation with all neighbours and
maintaining amicable and balanced relations with other countries; and
(h) combating international and trans -national organized crime, piracy and
terrorism.
Saving
44. Unless this Constitution otherwise provides or a duly enacted law guarantees, the rights
and liberties described and the provisions contained in this Chapter are not by themselves
enforceable in a court o f law; however, the principles expressed herein are basic to
governance and the State shall be guided by them, especially in making policies and laws.
CHAPTER II
CITIZENSHIP AND NATIONALITY
Citizenship and Rights
45. (1) Every person born to a South S udanese mother or father shall have an inalienable
right to enjoy South Sudanese citizenship and nationality.
(2) Citizenship is the basis of equal rights and duties for all South Sudanese.

(3) Every citizen shall enjoy all the rights guaranteed by th is Constitution.
(4) The law shall regulate citizenship and naturalization; no naturalized citizen shall
be deprived of his or her acquired citizenship except in accordance with the law.
(5) A South Sudanese national may acquire the nationality of anot her country as shall
be prescribed by law.
(6) A non -South Sudanese may acquire the nationality of South Sudan by
naturalization as shall be prescribed by law.
Duties of the Citizen
46. (1) It shall be the duty of every citizen to uphold and abide by t his Constitution and
respect the laws of South Sudan.
(2) Every citizen shall in particular:
(a) defend the country and respond to the call for national service in
accordance with the provisions of this Constitution and the law;
(b) promote peace ,harm ony, unity, fraternity and tolerance among all people
of South Sudan in order to transcend ethnic, religious, geographical and
political divisions;
(c) preserve and protect public funds and assets and respect legal and
financial obligations;
(d) prevent an d combat corruption and sabotage;
(e) participate in the development of South Sudan;
(f) (g) abide by the law and co -operate with the appropriate agencies in
the maintenance of law and order;
(h) protect the environment and conserve natural resources;
(i) be guided and informed in all actions by the interests of the nation and the
principles enshrined in this Constitution;
(j) promote democracy, good governance and the rule of law; and
(k) respect the rights and freedoms of others.
CHAPTER III
THE DECEN TRALIZED SYSTEM OF GOVERNANCE
Levels of Government
47. South Sudan shall have a decentralized system of government with the following levels:
(a) the National level which shall exercise authority in respect of the people
and the states;

(b) the state le vel of government, which shall exercise authority within a state,
and render public services through the level closest to the people; and
(c) the local government level within the state, which shall be the closest level
to the people.
Devolution of Powers
48. (1) The following principles shall guide the devolution and exercise of powers:
(a) affirmation of the need for norms and standards of governance and
administration at the state and local government levels that reflect the
unity of the people of Sou th Sudan while recognizing their diversity;
(b) acknowledgement of the roles of the National Government and the states
in the promotion of the welfare of the people and protection of their
human rights and fundamental freedoms;
(c) recognition of the need for the involvement and participation of all people
of South Sudan at all levels of government as an expression of unity; and
(d) pursuit of good governance through democracy, separation of powers,
transparency, accountability and respect for the rule of l aw to enhance
peace, socio -economic development and political stability.
(2) The National Government shall:
(a) exercise its competences in accordance with this Constitution and the law;
and
(b) respect the powers devolved to the states and local govern ments.
Inter -Governmental Linkages
49. (1) In the administration of the decentralized system of governance, the following
principles of inter -governmental linkages shall be observed:
(a) the linkage between the National Government and the local governm ent
shall be through the government of the relevant state;
(b) in their relationships with each other or with other government organs, all
levels of government shall observe the following:
(i) respect each other’s powers and competences; and
(ii) collabora te in the task of governing and assist each other in
fulfilling their respective constitutional obligations;
(c) government organs at all levels shall perform their functions and exercise
their powers so as:
(i) not to encroach on or assume powers or funct ions conferred upon
any other level except as provided for in this Constitution;
(ii) to promote co -operation by rendering assistance and support to
other levels of government;

(iii) to promote communication and coordination between all levels of
governmen t;
(iv) to adhere to procedures of inter -governmental interaction and
comity;
(v) to respect the status and institutions of other levels of government;
and
(vi) to promote amicable settlement of disputes before resorting to
litigation;
(d) the harmonious a nd collaborative interaction of the different levels of
government shall be within the context of national unity and for the
achievement of a better quality of life for all.
(2) Any two or more states may agree on mechanisms or arrangements to enhance
inter -state co -ordination and co -operation.
PART FOUR
THE NATIONAL GOVERNMENT
Establishment of the National Government
50. (1) There shall be established in the Republic of South Sudan a National
Government.
(2) The National Government shall be the ins titution around which the people of
South Sudan are politically, economically, socially and culturally organized.
(3) The powers of the National Government emanate from the will of the people of
South Sudan and this Constitution.
(4) The City of Juba s hall be the National Capital of South Sudan and the seat of the
National Government. Its territory and administration shall be defined and
regulated by law.
(5) Without prejudice to sub -Article (4) above, the National Government may
relocate the National Capital to any other location within the territory of South
Sudan by law .
Organs of the National Government
51. The National Government shall have the following organs:
(a) the Legislature;
(b) the Executive; and
(c) the Judiciary.

Powers and Competen ces of the National Government
52. The National Government shall exercise exclusive legislative and executive authority on
all functional areas in Schedule A; it shall also exercise legislative and executive
authority on all concurrent and residual matter s as set forth in Schedules C and D read
together with Schedule E herein.
Primary Responsibilities of the National Government
53. (1) The primary responsibilities of the National Government shall be, inter alia :
(a) maintenance of peace and security;
(b) reconstruction and development;
(c) promotion of good governance and welfare of the people;
(d) exercising authority in respect of South Sudan and the states; and
(e) ensuring the protection of the rights and interests of the people.
(2) The National Government shall discharge its duties and exercise its powers as
set forth in this Constitution and the law.
PART FIVE
THE NATIONAL LEGISLATURE
CHAPTER I
ESTABLISHMENT, COMPOSITION AND FUNCTIONS
Establishment and Composition of the National Legislatu re
54. (1) There shall be established a National Legislature composed of the following:
(a) the National Legislative Assembly; and
(b) the Council of States.
(2) The National Legislature shall conduct its business as prescribed in this
Constitution in joint sittings of the two legislative Houses, chaired by the Speaker
of the National Legislative Assembly and deputized by the Speaker of the Council
of States.
(3) Vote count shall be separate for each House and governed by the quorum
specified in this Constitution.
(4) Each House shall sit separately to conduct its business as prescribed in this
Constitution.

(5) The National Legislature, as well as each of its Houses, shall make its own
Conduct of Business Regulations.
Competences of the Na tional Legislature
55. (1) The National Legislature represents the will of the people of South Sudan and
shall foster unity and nationhood, exercise legislative functions, oversee the
Executive, and promote the decentralized system of government.
(2) The legislative competences of the National Government shall vest in the
National Legislature in respect of all matters assigned to it in Schedules A, C and
D read together with Schedule E herein.
(3) Without prejudice to the generality of sub -Article (1 ) above, the National
Legislature shall be competent to:
(a) consider and pass amendments to this Constitution;
(b) enact legislation on all matters assigned to it by this Constitution;
(c) discuss statements by the President and take decisions as may be
necessary;
(d) authorize annual allocation of resources and revenue, in accordance with
Article 87 of this Constitution;
(e) reconsider a bill which has been rejected by the President under Article 85
(2) herein;
(f) impeach the President and the Vice President ;
(g) approve a declaration of war;
(h) confirm a declaration of a state of emergency or termination thereof; and
(i) perform any other function determined by this Constitution or the law.
(4) The National Legislature shall exercise its legislative powers through bills in
accordance with this Constitution.
Composition of the National Legislative Assembly
56. (1) (a) Members of the National Legislative Assembly shall be elected through
universal adult suffrage in free and f air elections and by secret ballot.
(b) The National Elections Law shall determine the number of members and
composition of the National Assembly.
(2) Notwithstanding the provisions of Article (1) above, during the
transitional period the Nat ional Assembly shall consist of:
(a) all members of the Southern Sudan Legislative Assembly;

(b) all ninety six South Sudanese who were members of the National
Assembly of the Republic of Sudan, by virtue of their membership in that
Assembly; and
(c) such additional number of members appointed by the President not
exceeding sixty -six.
(3) Members of the Council of Ministers who are not members of the National
Legislative Assembly shall participate in the deliberations of the Assembly but
shall not h ave the right to vote.
Powers and Functions of the National Legislative Assembly
57. The National Legislative Assembly shall exercise the following powers and functions:
(a) oversee the performance of the National Government institutions;
(b) approv e plans, programmes and policies of the National Government;
(c) approve budgets;
(d) ratify international treaties, conventions and agreements;
(e) adopt resolutions on matters of public concern;
(f) summon Ministers to answer questions of members of the Assembly on
matters related to their ministries;
(g) interrogate Ministers about their performance or the performance of their
ministries;
(h) Vet and approve appointments as required by this Constitution or the law;
(i) cast a vote of no con fidence against any Minister.
(j) enact legislation to regulate the conditions and terms of service of the
Judiciary and its oversight mechanisms; and
(k) perform any other function as determined by this Constitution or the law.
Composition of the Cou ncil of States
58. The Cou ncil of States shall consist of:
(1) (a) Members of the Council of States shall be elected through
their respective States Assemblies; and
(b) The National Elections Law shall determine the number of members of the
Council of States.
(2) Notwithstanding the provisions of Article (1) above, during the
transitional period, the Council of States shall consist of:
(a) all South Sudanese who were representatives in the Council of States of the
Republic of Sudan, by virtue of their membership in that Council; and
(b) thirty (30) members appointed by the President.

Competences of the Council of States
59. The Council of States shall be competent to:
(a) initiate legislation on the decentralized sys tem of government and other
issues of interest to the states and pass such legislation with two -thirds
majority of all representatives;
(b) issue resolutions and directives that may guide all levels of government in
accordance with the provisions of Arti cles 47, 48 and 49 of this
Constitution;
(c) oversee national reconstruction, development and equitable service
delivery in the states;
(d) monitor the repatriation, relief, resettlement, rehabilitation, reintegration
of returnees and internally displa ced persons, and reconstruction of
disaster and conflict affected areas;
(e) request statements from Governors and national Ministers concerned
regarding effective implementation of the decentralized system and
devolution of powers and any other issues r elated to the states;
(f) legislate for the promotion of a culture of peace, reconciliation and
communal harmony among all the people of the states;
(g) approve changes in state names, capital towns and boundaries; and
(h) perform any other function as determined by this Constitution or the law.
Rules of the National Legislature
60. While sitting separately to transact business that falls within its competences, each House
shall observe the following rules:
(a) any bill on a matter falling within t he competences of either House, shall
be tabled in that House;
(b) any bill passed by the National Legislative Assembly shall be referred to a
standing Inter -House Committee for scrutiny and decision on whether it
affects the interests of the states. If the Committee decides that the bill
affects the interest of the states, the bill shall be referred to the Council of
States for consideration;
(c) in case the Council of States introduces any amendments in the referred
bill, by a two -thirds majority of t he representatives or passes it as it is, the
bill shall be sent to the President of the Republic for his or her assent
without being returned to the National Legislative Assembly; and
(d) no House shall discuss any business of which the other House is s eized,
until it is finally referred to it.

Seat of the National Legislature
61. (1) The National Legislature and each of its two Houses shall convene its sessions at
its seat in the National Capital, Juba.
(2) Notwithstanding sub -Article (1) above , the two Speakers may convene a sitting of
the National Legislature elsewhere inside South Sudan.
(3) Notwithstanding sub -Article (1) above, the Speaker may call the National
Legislative Assembly to convene in any other location in South Sudan.
(4) No twithstanding sub -Article (1) above, the Speaker of the Council of States may
call the Council of States to convene in any other location in South Sudan.
Eligibility for Membership
62. (1) A candidate for membership of the National Legislature shall:
(a) be a South Sudanese;
(b) be at least twenty -one years of age;
(c) be of sound mind;
(d) be literate; and
(e) not have been convicted during the last seven years of an offence
involving honesty or moral turpitude.
(2) Members of the National Legislature and the Council of Ministers shall not be
eligible for membership of state legislatures or state councils of ministers while
occupying the aforementioned positions.
(3) Membership of the National Legislative Assembly shall not be combined with
membership in the Council of States.
(4) Membership in the Council of States shall not be combined with membership in
the Council of Ministers.
Loss of Membership of the National Legislature
63. (1) Membership of the National Legislative Assembly or the Council of States shall
be lost in any of the following cases:
(a) mental infirmity or physical incapacity;
(b) conviction for an offence involving honesty or moral turpitude;
(c) adjudged or declared bankrupt by a competent court;
(d) ab sence from a number of sittings without permission or acceptable
reasons, as shall be determined by the Conduct of Business Regulations of
each House;

(e) resignation, in writing, to the appropriate House;
(f) change of political affiliation or party on wh ose ticket he or she was
elected to the National Legislative Assembly;
(g) assumption of any constitutional office in a state or local government
level; or
(h) death.
(2) Upon vacation of the seat of a member of the National Legislative Assembly or
the C ouncil of States his or her seat shall be filled in accordance with the
provisions of Article 64 herein.
By -elections
64. (1) When a vacancy occurs in respect of any seat in the National Legislative
Assembly or the Council of States, the Speaker of the a ppropriate House shall, in
writing, notify the National Elections Commission within ten days from the
occurrence of that vacancy.
(2) A by -election to fill the vacancy shall be held by the National Elections
Commission within sixty days following occurre nce of the vacancy.
(3) No by -election to fill a vacancy shall be held within the three months prior to the
next general elections.
Oath of a Member of the National Legislature
65. To assume his or her functions, every member of the National Legislati ve Assembly or
the Council of States shall take the following oath before the appropriate House:
“I………….…….., as a Member of the National Legislative Assembly/Council of States,
do hereby swear by Almighty God /solemnly affirm/ that I will bear tru e faith and
allegiance to the Republic of South Sudan and its people; that I will obey and respect the
Constitution and abide by the law; and that I will faithfully and conscientiously discharge
my duties and responsibilities as a member of the National Le gislative Assembly/Council
of States and serve the people of the Republic of South Sudan to the best of my ability, so
help me God/ God is my witness.”
Term of the National Legislature
66. (1) The term of the National Legislature shall be five years.
(2) Notwithstanding Article (1) above, the term of the current National Legislature
shall be four years from July 9, 2011.

Immunity of Members of the National Legislature
67. (1) No criminal proceedings shall be initiated against a member of the National
Legislative Assembly or the Council of States; nor shall any measure be taken
against his or her person or belongings without permission from the Speaker of
the appropriate House, except where he or she is caught committing an offence
for which t he police may arrest without warrant.
(2) In case a member is charged with a serious crime, the appropriate House may
waive the immunity of the member concerned.
Sessions of the National Legislature
68. (1) The National Legislature shall hold its fir st sitting upon convocation by the
President within thirty (30) days following the transformation of the Southern
Sudan Legislative Assembly into the National Legislative Assembly and the
establishment of the Council of States in accordance with provisions of Article 56
(1) and 58 herein.
(2) (a)The sittings of the National Legislative Assembly shall be chaire d by the
incumbent Speaker of the transformed Southern Sudan L egislative
Assembly .
(b) The first sitting of the Council of States shall be chaired by the eldest of
the members present and elect its Speaker and Deputy Speaker among its
members.
(3) Without prejudice to Article 101 (g) herein, each Ho use shall determine the dates
of commencement and closure of its sessions.
(4) The National Legislature or each House may convene an emergency or
extraordinary session on the request of half of its members or upon a call from the
President.
Officers of the National Legislature
69. (1) The National Legislative Assembly shall elect a Speaker and two Deputies from
among its members at the first sitting.
(2) The Council of States shall elect a Speaker and one Deputy from among its
members at the first sit ting.
(3) The Speaker of each House shall preside over sittings of that House, control order
and supervise the administrative affairs thereof. He or she shall represent the
House in and outside South Sudan.

(4) Each House shall elect chairpersons and d eputy chairpersons of the specialized
committees and members of ad hoc committees as may be determined by its
Conduct of Business Regulations.
(5) The Speaker of each House shall appoint a Clerk for the respective House in
accordance with the Conduct of Business Regulations.
(6) The Clerk of each House shall be responsible for preparing the sessions of the
respective House and running of its administrative affairs under the supervision of
the Speaker of that House.
(7) Each House shall consider broad inclusiveness in the election and apportionment
of its officers and staff.
(8) (a) Notwithstanding the provision of Article 69 above, the present
administration of the Southern Sudan Legislative Assembly shall
co ntinue during the Transitional period in accordance with Article
94 (1).
(b) The transformed National legislative Assembly shall create vacancies
for the members joining it as will be determined by its C onduct of
Business Regulations 2010 .
(9) The Council of States shall elect its officers in accordance with its Conduct of
Business Regulations during the transitional period.
Emoluments of Members of the National Legislatu re
70. (1) Members of the National Legislature shall be paid emoluments and provided with
facilities as determined by law.
(2) A member of the National Legislature, other than the Speakers, Deputies,
Minority Leaders, Chairpersons and Deputy Chairperso ns of the specialized
committees, and Chief Whips, may hold any other office in the private sector,
with remuneration or engage in any profit making business; provided that such
office or business does not compromise his or her duty as a member.
Minority Leaders
71. (1) The political party holding the second highest number of seats in each House shall
elect from among its members the Minority Leader of the respective House.
(2) In relation to the conduct of business of each House, the Minority Leader shall:
(a) rank fourth in protocol after the President, the Vice President and the
Speaker, in that order within each House; and

(b) have the right of second reply, after the Minister designated to lead
Government Business in each House, to an address to the House by the
President.
(3) The Conduct of Business Regulations of each House shall provide for the
effective participation of the Minority Leaders in their respective Houses.
Committees of the National Legislature
72. (1) Each House shall have st anding specialized committees and may establish ad hoc
committees for the efficient discharge of its functions.
(2) The functions of the standing and ad hoc committees of each House shall be
determined by its Conduct of Business Regulations.
(3) The t wo Houses may form inter -House standing or ad hoc committees for specific
matters that are of concern to the two Houses.
(4) There shall be established a Parliamentary Service Commission, the structures,
composition, powers and f unctions, duties, and terms of service shall be
determined by law.
Regulations of the National Legislature
73. (1) Each House of the National Legislature shall make regulations for the conduct of
its business.
(2) The Speaker of ea ch House shall ensure that the Conduct of Business Regulations
of the House are respected and enforced.
(3) The National Legislature shall make regulations for the conduct of its business.
Quorum
74. (1) The quorum for ordinary sittings of the Nationa l Legislative Assembly shall be
more than half of the members. The Conduct of Business Regulations may
provide for a reduced quorum that may not apply for the final presentation of
bills.
(2) Except as otherwise provided for in this Constitution, the de cisions of the
National Legislative Assembly shall be by majority of votes of the members
present and voting. If the votes are equally divided, the Speaker or any person
presiding, shall have no casting vote and the motion shall be deemed to have been
lost .

(3) The quorum for the sittings of the Council of States shall be more than half of its
representatives.
Publicity of Sittings of the National Legislature
75. The sittings of the National Legislature or either of its two Houses shall be open to the
public; its proceedings shall be published and may also be broadcast. However, the
National Legislature or either House may decide according to its Conduct of Business
Regulations that certain deliberations take place in camera.
Passing Legislative Resolut ions
76. Resolutions of the National Legislature or either of its two Houses shall, whenever
possible, be taken by unanimity or consensus. Alternatively, resolutions shall be passed
by simple majority of those present and voting, save in cases where this Constitution
provides otherwise.
Privileges of Members of the National Legislature
77. Members of the National Legislature or either of its two Houses shall freely and
responsibly express their opinions, subject only to the provisions of the regulations of the
appropriate House. No legal proceedings shall be initiated against any member, nor shall
he or she be held accountable before any court of law merely by reason of views or
opinions that he or she might have expressed in the course of performing his or her
duties.
Address by the President
78. The President may personally or by a message, address the National Legislature or either
of its two Houses. The National Legislature or either of its two Houses shall accord
priority to such request over any ot her business. The President may also request the
opinion of the National Legislature or either of its two Houses on any subject matter.
Address by the Vice President and Statements by Ministers and Governors
79. (1) The Vice President may request to add ress the National Legislative Assembly or
the Council of States. The concerned House shall provide an opportunity for
hearing such address as promptly as possible.
(2) A Minister of the National Government may request to deliver a statement before
the N ational Legislative Assembly or the Council of States.
(3) The National Legislative Assembly or the Council of States may summon a
Governor of a state to make a statement before it on any important matter
concerning his or her state for information or ex planation.

(4) A Governor may request to make a statement before the Council of States.
Questions Addressed to Ministers by Members of the National Legislature
80. Members of the National Legislative Assembly or the Council of States may, in either
Hou se, within the competences of the concerned House and subject to its Conduct of
Business Regulations, address questions to a Minister of the National Government on any
subject relating to his or her duties; the said Minister shall provide the appropriate H ouse
with a prompt reply.
Request of Statements
81. The National Legislative Assembly or the Council of States may request a Minister of the
National Government to deliver before it a statement on any matter of public concern.
General Summons
82. (1) The National Legislative Assembly or any of its committees may summon any
public official or any person within South Sudan, other than the President, to
testify or give opinion before it.
(2) Inquiry on any matter that falls within the direct responsibil ity of the National
Government may only be made after notifying the President.
(3) Any person who refuses to appear before the National Legislative Assembly or
any of its committees or refuses to produce any document as required under sub –
Article (1) abo ve commits an offence punishable by law.
Tabling of Bills
83. (1) The President or the Council of Ministers may cause a bill to be presented by a
Minister before the National Legislative Assembly or the Council of States
subject to their respective comp etences.
(2) A member of the National Legislature may table a private member bill before the
House to which he or she belongs on a matter that falls within the competences of
that House.
(3) The Inter -House Committee of the National Legislature may present a bill before
either House of the National Legislature subject to their respective competences.

Procedures for Presentation and Consideration of Bills
84. (1) Bills presented to either House of the National Legislature shall be submitted f or
the first reading by being cited by title. The bill shall then be submitted for a
second reading for general deliberation and approval in principle. If the bill is
passed in the second reading, there shall be a third reading for deliberation in
detail a nd introduction of, and decision upon, any amendment. The bill shall then
be submitted in its final form for the final reading, at which stage the text of the
bill shall not be subject to further discussion and shall be passed section by
section and then p assed as a whole.
(2) After the first reading, the Speaker of the House concerned shall refer the bill to
the appropriate committee, which shall make a general evaluation report for the
purpose of the second reading. The committee shall also present a re port on the
amendments that the committee might or might not have endorsed in the second
reading for the decision in the third reading; the Speaker of the concerned House
may also refer the bill once again to the appropriate committee to prepare a report
in a final draft in preparation for the final reading.
(3) The Speaker of the concerned House or the appropriate committee may seek
expert opinion on the viability and rationale of the bill; an interested body may
also be invited to present views on the i mpact and propriety of the bill.
(4) The House concerned may, by a special resolution, decide on any bill as a general
committee or by summary proceedings.
Assent of the President
85. (1) Any bill approved by the National Legislature shall not become a law unless the
President assents to it and signs it into law. If the President withholds assent for
thirty days without giving reasons, the bill shall be deemed to have been so
signed.
(2) If the President withholds assent to the bill and give reasons w ithin the
aforementioned thirty days, the bill shall be re -introduced to the National
Legislature to consider the observations of the President.
(3) The bill shall become law if the National Legislature again passes it by a two –
thirds majority of all mem bers and representatives of the two Houses, and the
assent of the President shall not be required for that bill to come into force.
Provisional Orders
86. (1) In case the National Legislature is not in session, the President may, on an urgent
matter, i ssue a provisional order having the force of law.

(2) The provisional order shall be submitted to the appropriate House of the National
Legislature as soon as it is convened.
(3) Where the National Legislature ratifies the provisional order as it is, it shall be
promulgated as law, but where the same is rejected by either House, or where the
session ends without it being ratified, the provisional order shall lapse with no
retrospective effect.
(4) A bill on the same subject matter may again be re -int roduced before the National
Legislature and be considered under the normal procedure for consideration of
bills.
(5) Notwithstanding sub -Article (1) above, the President shall not make any
provisional order on matters affecting the Bill of Rights, the de centralized system
of government, general elections, annual allocation of resources and financial
revenue, penal legislation or alteration of administrative boundaries of the states.
(6) Any law which was repealed or amended pursuant to a provisional ord er that later
lapsed, shall revive into force as it is, starting from the date when the provisional
order lapsed.
(7) The National Legislative Assembly may delegate to the President the power to
approve bilateral international and regional agreements whi le the National
Legislative Assembly is not in session; however, such agreements shall be subject
to subsequent approval by the National Legislative Assembly and shall be
deposited before it as soon as it is convened.
Bills Pertaining to Allocation of Res ources and Revenues
87. (1) The President shall cause to be presented to the National Legislative Assembly,
before the beginning of the financial year, a bill for the allocation of resources and
revenue in accordance with the provisions of this Constitut ion. The National
Legislative Assembly shall convene to approve, modify or reject that bill.
(2) The financial year shall be twelve months beginning from July 1, and ending on
June 30 the other year.
General Budget Proposal, Estimates and Related Bills
88. (1) The President shall cause to be presented to the National Legislative Assembly
before the beginning of the financial year, a bill on the general budget, including:
(a) a general evaluation of the economic and financial performance and
situation ;
(b) detailed estimates of proposed revenue and expenditure for the
forthcoming year compared to those of the previous financial year;

(c) a statement of the general budget, any reserve funds, transfers thereto or
allocations therefrom; and
(d) expl anations of any special budgets or financial estimates, policies or
measures to be taken by the National Government in the financial and
economic affairs within the framework of the general budget.
(2) The President shall cause to be submitted to the Nat ional Legislative Assembly
proposals of total expenditure entered into the budget as an appropriation bill and
proposals for taxes, fees and other levies as well as borrowing, investment or
saving bonds as financial bills.
(3) The National Legislative As sembly shall discuss, and may amend, reject or adopt
the general budget bill chapter by chapter including schedules, and it shall
thereafter pass the appropriation bill in its totality.
(4) Where the bill is passed, detailed estimates as specified in th e general budget shall
not be exceeded save by a supplementary law.
(5) Surplus funds over revenue estimates and funds out of the legal reserve shall not
be spent save by a supplementary appropriation law.
(6) After the passing of the budget, no fund s shall be transferred from one chapter to
another, nor shall any money be spent on an item that is not provided for in the
budget without the approval of the National Legislative Assembly.
(7) In the event that the National Legislative Assembly fails to pass the budget bill
within a period of forty -five days, the President shall issue a presidential decree
on the budget for that year, and such budget shall be deemed to have been passed
by the National Legislative Assembly in accordance with the provision s of this
Constitution.
Private Member Financial Bill
89. (1) No member of the National Legislative Assembly, outside the context of the
deliberations of the draft general budget, shall introduce any financial bill or
move any amendment to a bill having the object or effect of abolishing, imposing
or increasing any tax or imposing any charge upon the public revenue or reserves,
save with the prior consent of the National Council of Ministers.
(2) The Minister of Finance, on the authority of the Council of Ministers, shall issue a
certificate that a proposed bill or an amendment has such object or effect and such
certification shall be conclusive.
(3) A bill or an amendment shall not be deemed to have such object or effect by
reason that it includes pr ovisions for the imposition of fines or other pecuniary
penalties or the payment of fees for services rendered.

Provisional and Supplementary Financial Measures
90. (1) Notwithstanding the provisions of Article 86 (5) herein, the President may in the
pu blic interest, make a presidential order having the force of law, providing that
the imposition of any tax, or fee or the amendment thereof shall come into force,
pending submission of a bill requiring the same to the National Legislative
Assembly.
(2) W hen that financial bill is adopted or rejected, the force of the presidential order
shall cease without retrospective effect in relation to rejection for amendment of
the bill.
(3) Where the procedure of adopting the general budget and the appropriation bill is
delayed beyond the beginning of the financial year, expenditure shall continue,
pending adoption of the general budget, in accordance with the estimates
approved for the previous year, as if the same has been appropriated by law for
the new year.
(4) Whenever new circumstances occur or a matter of public concern proves not to
have been satisfactorily addressed by the general budget, the President may
during the financial year cause to be submitted to the National Legislative
Assembly, a financial bill, a supplementary appropriation or an allocation from
the reserve funds, to which the same provisions set out in respect of the general
budget bill shall apply.
(5) Without prejudice to the provisions of Article 88 (3), (4) and (5) herein, the
foll owing expenditures shall be paid out of the consolidated reserve funds:
(a) emoluments of the President;
(b) expenses of the State House;
(c) budget of the Judiciary;
(d) National Government contractual financial obligations;
(e) repayment of National Gov ernment external debts under any loan
agreement;
(f) payment of any money the National Government is required to pay under
a court order arising out of any litigation or as a result of an arbitration
award or any other settlement having similar legal effec t; and
(g) any other expenses as shall be regulated by law.
Final Accounts
91. (1) The Minister of Finance shall presented to the National Legislative Assembly
during the six months following the end of the financial year, the final accounts
for all reve nue and expenditure as are set forth in that year, as well as expenditure
withdrawn from the reserve funds.

(2) The Auditor General shall, in accordance with Article 186 (8) herein, present his
or her report on such accounts to the National Legislative A ssembly or the
Council of States, as the case may be.
Delegation of Powers of Subsidiary Legislation
92. The National Legislature or either of its two Houses may, by law, delegate to the
President, the Council of Ministers or any public body, the power to make any subsidiary
regulations, rules, orders or any other subsidiary instrument having the force of law,
provided that such subsidiary legislation shall be tabled before the concerned House and
be subject to adoption or amendment by a resolution of th at House in accordance with the
provisions of its regulations.
Validity of the Proceedings of the National Legislature
93. No court or any other authority shall call into question the validity of any proceedings of
the National Legislature or any of its two Houses on the basis of violation of its Conduct
of Business Regulations. A certificate duly signed by the appropriate Speaker shall be
deemed to be conclusive evidence of the validity of the said proceedings.
CHAPTER II
INTERIM PROVISIONS
94. (1) The Southern Sudan Legislative Assembly shall adopt and pas s the
Transitional Constitution of the Republic of South Sudan, 2011, a nd it
shall thereafter transform itself into South Sudan National Legisl ative
Assembly.
(2) The President sh all appoint:
(a) All the Ninety six South Sudanese who were elected from South Sudan to
the National Assembly of the Republic of Sudan to become members of
South Sudan National Legislative Assembly;
(b) The President shall appoint such additional number of membe rs not
exceeding sixty -six.
(3) The President shall appoint the representatives to the Council of States in
accordance with the provisions of the Article 58 of this Constitution.
(4) The sittings of the National Legislative A ssembly shall be chaired by the
incumbent Speaker of the transformed Southern Sudan Legislative Assembly.

(5) The first sitting of the Council of States shall be chaired by the eldest of the
members present and elect its Speaker and Deputy Speaker among its
members.
PART SIX
THE NATIONAL EXECUTIVE
CHAPTER I
ESTABLISHMENT, COMPOSITION AND POWERS
Establishment and Composition of the Executive
95. There shall be established in the Republic of South Sudan a National Executive
consisting of the President, Vice President, Ministers, and Deputy Ministers.
Powers and Competences of the Executive
96. The Executive shall exercise the executive powers on all matters as set forth i n Schedules
A, C and D read together with Schedule E of this Constitution and any other competence
conferred upon it by this Constitution and the law.
CHAPTER II
THE PRESIDENT OF THE REPUBLIC
The President
97. (1)
There shall be a President for the Republic of South Sudan who shall be
directly elected by the people of South Sudan in general elections
according to this Constitution and the provisions set forth by the National
Elections Commission in accordance with the electoral law .
(2) Notwithstanding Article (1) above, the incumbent elected President of the
Government of Southern Sudan shall be the President of the Republic of South
Sudan.
(3) The President of the Republic of South Sudan is the head of State and
Government, the Commander -in-Chief of the Sudan People’s Liberation Army
and the Supreme Commander of all the other regular forces. He or she represents
the will of the people, and shall exercise the powers vested in the office of the
President by this Constitution.

(4) Pending a final solution on its status Abyei Area, the territory of the nine Ngok
Dinka chiefdoms transferred from Bahr el Ghazal Province to Kordofan Province
in 1905 as defined by the Abyei Arbitrat ion Tribunal Award of July 2009, is
accorded a special administrative status under the Office of the President of the
Republic of South Sudan.
(a) The members of the nine Ngok Dinka Chiefdoms of Abyei Area shall
have an inalienable right to en joy South Sudanese citizenship and
nationality and all rights and freedoms guaranteed by this
constitution.
(b) Without prejudice to any alternative solution that may be agreed
upon by the two governments of South Sudan and of the S udan on the
final status of Abyei Area and in accordance with the provisions of
the Abyei Protocol 2005, the members of the nine Ngok Dinka Chiefdoms and
other Sudanese residing in Abyei Area, shall vote in a referendum, which shall
present them with the following choices –
(i) That Abyei Area enjoys special administrative status in the Republic
of Sudan; or
(ii) That Abyei Area be part of the Republic of South Sudan.
(c) The security arrangements in Abyei Area shall be in accordanc e with the provisions
of the Abyei protocol, 2005 or in accordance with any alternative arrangements
agreed upon by the two governments of South Sudan and of Sudan.
Eligibility for the Office of the President
98. A candidate for the office of the Presiden t shall:
(a) be a South Sudanese by birth;
(b) be of sound mind;
(c) be at least forty years of age;
(d) be literate; and
(f) not have been convicted of an offence involving honesty or moral
turpitude.
Oath of the President
99. The President of the Rep ublic of South Sudan shall, before assuming office, take the
following oath before the public:
“I……….…………., do hereby swear by the Almighty God /solemnly affirm, that as the
President of the Republic of South Sudan, I shall be faithful and bear true alle giance to

the Republic of South Sudan and shall diligently and honestly discharge my duties and
responsibilities in a consultative manner to foster the development and welfare of the
people of South Sudan; that I shall obey, preserve and defend the Constit ution and abide
by the law; and that I shall protect and promote the unity of the people of South Sudan
and consolidate the democratic decentralized system of government and preserve the
integrity and dignity of the people of South Sudan ; so help me God/ G od is my witness.”
Tenure of the Office of the President
100. (1) the tenure of the office of the President of the Republic of South Sudan shall be
five years.
(2) Notwithstanding Article (1) above, during the transitional/ period the
tenure of the office of the President of the Republic of South Sudan shall be four
years from July 9, 2011.
Functions of the President
101. The President shall perform the following functions:
(a) preserve the security of South Sudan and pro tect its territorial integrity;
(b) supervise constitutional and executive institutions and provide exemplary
leadership in public affairs;
(c) appoint constitutional and judicial post holders in accordance with this
Constitution and the law;
(d) pres ide over the National Council of Ministers;
(e) declare and terminate a state of emergency in accordance with the
provisions of this Constitution and the law;
(f) initiate constitutional amendments and legislation and assent to and sign
into law bills passed by the National Legislature;
(g) convene, summon, adjourn or prorogue the National Legislature in
consultation with the Speaker;
(h) confirm death sentences, grant pardons, and remit convictions or penalties
according to this Constitution and th e law;
(i) appoint Presidential Advisors;
(j) appoint ad hoc commissions and committees;
(k) establish independent institutions and commissions;
(l) confer honours;
(m) generally represent the Government and the people of South Sudan;
(n) decla re war in accordance with this Constitution and the law;
(o) represent the State in its foreign relations, appoint ambassadors of the
State and accept credentials of foreign ambassadors;

(p) direct and supervise foreign policy and ratify treaties and i nternational
agreements with the approval of the National Legislative Assembly;
(q) seek the opinion of the Supreme Court on any matter in connection with
this Constitution;
(r) remove a state Governor and/or dissolve a state Legislative Assembly in
the event of a crisis in the state that threatens national security and
territorial integrity;
(s) appoint a state care -taker Governor who shall prepare for elections within
sixty days in the state where the Governor has been removed or the state
Legislati ve Assembly so dissolved in accordance with the provisions of
this Constitution, the relevant state constitution and the law;
(t) present annual address on the state of the nation; and
(u) perform any other function as may be pr escribed by law.
Vacancy of Office of the President
102. (1) The office of the President shall fall vacant in any of the following cases:
(a) expiration of the term of office;
(b) resignation in a public address to the people through the National
Legis lative Assembly;
(c) impeachment in accordance with the provisions of this Constitution;
(d) mental infirmity or physical incapacity based on an official medical report
submitted by the Medical Commission to the Assembly for information; or
(e) death.
(2) If the office of the President of the Republic falls vacant, the post shall be
assumed by the Vice President pending elections that shall be conducted by the
National Elections Commission within sixty days from the date of occurrence of
the vacancy.
Imm unity and Impeachment of the President
103. (1) The President shall be immune from any legal proceedings and shall not be
charged or sued in any court of law during his or her tenure of Office.
(2) Notwithstanding sub -Article (1) above, in case of high treason, gross violation of
this Constitution or gross misconduct in relation to National affairs, the President
may be charged before the Supreme Court upon a resolution passed by a two –
thirds majority of all the members of the Assembly.
(3) The Presid ent of the Supreme Court shall, within seven days after receipt of the
impeachment notice referred to under sub -Article (2) above, constitute a tribunal

comprising three Justices of the Supreme Court, to evaluate the allegation in the
notice and to report its findings to the constitutional panel of the Supreme Court.
(4) The President shall be entitled to appear at the proceedings of the tribunal and to
be represented by a lawyer or other expert or any other person of his or her
choice.
(5) If the const itutional panel convicts the President, it shall communicate its final
verdict to the Assembly, and he or she shall be deemed to have forfeited the
office.
(6) If the notice for the removal of the President is on the grounds of mental infirmity
or physic al incapacity, it shall be based on a report submitted to the Assembly by
a medical board consisting of five qualified and eminent specialists from the
Medical Commission in respect of the alleged infirmity or incapacity.
(7) The President shall submit h imself or herself to the medical board for necessary
examination as required.
(8) If the medical board determines that the President, by reason of mental infirmity
or physical incapacity is unable to perform the functions of the office of the
President, it shall communicate its findings to the Assembly for information, and
he or she shall be deemed to have forfeited the office.
Appointment and Removal of the Vice President
10 4. (1) The Vice President shall be appointed by the President subject to appr oval by a
two -thirds majority of all members of the National Legislative Assembly.
(2) The Vice President may be removed by the President or by a decision passed by
two -thirds majority of all members of the National Legislative Assembly .If the
post of th e Vice President falls vacant for any reason, the President shall appoint a
replacement.
(4) The Vice President shall fulfill the conditions of eligibility for the office of the
President as prescribed by this Constitution.
(5) To assume office, the Vi ce President shall take, before the President, the same
oath taken by the President as prescribed by this Constitution.
Functions of the Vice President
10 5. The Vice President shall perform the following functions:
(a) act for the President in his or he r absence from the country;
(b) be a member of the Council of Ministers;

(c) be a member of the Security Council; and
(d) perform any other function or duty that may be assigned to him or her by
the President.
Vacancy of Office of the Vice President
10 6. The office of the Vice President shall fall vacant in any of the following cases:
(a) relief from office in accordance with the provisions of Article 10 4 (2)
herein;
(b) acceptance of his or her written resignation by the President;
(c) mental infirmity or physical incapacity based on an official medical report
submitted by the Medical Commission to the Assembly for information; or
(d) death.
Presidential Advisors
10 7. (1) The President may appoint a limited number of Presidential Advisors and shall
define their functions.
(2) To assume office, a Presidential Advisor shall, before the President, take the
following oath:
“I……….…………., do hereby swear by the Almighty God /solemnly affirm/,
that as a Presidential Advisor, I shall be faithful and bear t rue faith and allegiance
to South Sudan and shall diligently and honestly discharge my duties and
responsibilities and strive to foster the development and welfare of its people; that
I shall obey, preserve and defend the Constitution and abide by the law; and that I
shall protect and promote the unity of the people of South Sudan and consolidate
the democratic decentralized system of government and preserve the integrity and
dignity of the people of South Sudan; so help me God/ God is my witness.”
CHAPTE R III
THE NATIONAL COUNCIL OF MINISTERS
Establishment and Composition of the Council of Ministers
10 8. (1) There shall be established a National Council of Ministers.
(2) The National Council of Ministers shall compose of the President, the Vice
Pre sident and Ministers.

(3) The President shall ensure that at least twenty -five percent of members of the
Council of Ministers are women.
Competences of the Council of Ministers
109 . (1) The National Council of Ministers shall be the highest executive authority in the
Republic.
(2) Without prejudice to the powers conferred upon the President by this
Constitution, decisions of the Council of Ministers shall prevail over all other
executive decisions. Such decisions shall be adopted by consensus or simp le
majority.
(3) Membership of the National Council of Ministers shall not be combined with
membership of a state Executive or Legislature.
Functions of the Council of Ministers
11 0. The National Council of Ministers shall have the following functions:
(a) general planning and administration of South Sudan;
(b) approval of the general policies initiated by the respective ministries;
(c) overseeing, receiving and discussing reports about the executive and
administrative performance of ministries;
(d) initia ting, negotiating and concluding international, regional, bilateral, and
multilateral agreements;
(e) receiving reports from Governors about executive performance of states
for information and coordination with the respective states;
(f) receiving reports on matters that are concurrent or residual and deciding
whether it is competent to exercise such power in accordance with
Schedules C and D read together with Schedule E herein. If it so decides,
it shall notify the respective state of its intention to exe rcise such power. In
case a state objects thereto, a committee shall be set up by the two levels
concerned to amicably resolve the matter before resorting to the Supreme
Court;
(g) acting as a link between the National Government and the states;
(h) provid ing reports upon the request of the National Legislative Assembly;
(i) formulating internal rules, procedures and regulations for the conduct of
its business;
(j) mobilizing the public to achieve the objectives of government policy and
promote public life;
(k) implementing legislation and resolutions of the National Legislature;
(l) formulating and implementing government policies;
(m) coordinating the functions and reviewing the performance of the
ministries, departments and administrations of the National Government;

(n) initiating national legislative bills and national budgets;
(o) reviewing, annually, the performance of the decentralized
system of governance in the Republic of South Sudan; and
(p) performing any other executive function provided for in this Constitution or
the law.
Confidentiality of Deliberations of the Council of Ministers
11 1. Deliberations of the National Council of Ministers shall be confidential; no Minister shall
disc lose, communicate or reveal such deliberations save by permission of the Council of
Ministers.
Appointment and Removal of Ministers
11 2. (1) Ministers of the National Government shall be appointed and removed from
office by the President.
(2) Appointme nt of the Ministers of the National Government shall be approved by a
resolution of the National Legislative Assembly adopted by a simple majority
vote of all members.
(3) Ministers of the National Government shall be selected with due regard to the
need for inclusiveness based on integrity, competence, ethnic and regional
diversity and gender.
Oath of a Minister
11 3. To assume office, a national Minister shall, before the President, take the same oath of a
Presidential Advisor as prescribed in Article 10 7(2) of this Constitution.
Functions of a Minister
11 4. (1) A Minister in the National Government shall be the head of his or her ministry
and his or her decisions shall prevail therein. However, the National Council of
Ministers may review, amend or cancel such decisions; the President may suspend
the decision of a Minister pending such review or cancellation.
(2) National Ministers shall:
(a) collaborate and establish good working relations with corresponding
Ministers at state level in fulfillme nt of their respective constitutional
obligations;
(b) perform any public or political role and provide leadership in public
affairs to achieve the policy objectives of the National Government; and
(c) perform or exercise any other function or powers assig ned by law or
delegation.

Collective and Individual Responsibility of Ministers
11 5. (1) A Minister of the National Government shall be individually answerable to the
President, the National Council of Ministers and the National Legislative
Assembly for the performance of his or her ministry.
(2) The National Council of Ministers shall be collectively answerable to the
President and the National Legislative Assembly in the performance of its
functions.
(3) Ministers of the National Government shall be bound by decisions of the Council
of Ministers.
Contesting Ministerial Acts
11 6. Any person aggrieved by an act of the National Council of Ministers or a National
Minister may contest such act before:
(a) the Supreme Court, if the alleged act involves a violation of this
Constitution; or
(b) any other court of law or competent authority if the allegation is based on
other legal grounds.
Appointment, Removal and Functions of Deputy Ministers
11 7. (1) The President may appoint and remove Deputy Minist ers.
(2) The National Legislative Assembly shall approve the appointment of the Deputy
Ministers by a simple majority of the members present and voting.
(3) The Deputy Ministers shall assist the national Ministers in the performance of
their functions and duties and shall act in their absence.
(4) To assume office, a Deputy Minister shall, before the President, take the same
oath of a Presidential Advisor as prescribed in Article 108 (2) of this Constitution.
Vote of No Confidence Against a Minis ter
11 8. (1) The National Legislative Assembly may, by a resolution supported by a two –
thirds majority of all its members pass a vote of no confidence against a Minister.
(2) Upon a vote of no confidence being passed against a Minister, he or she sh all
resign or be removed from office by the President.

(3) Proceedings for a vote of no confidence against a Minister shall be regulated by
the Conduct of Business Regulations of the Assembly.
Vacancy of the Office of a Minister or Deputy Minister
119 . The office of a Minister or Deputy Minister of the National Government shall fall vacant
in any of the following cases:
(a) acceptance of a written resignation by the President;
(b) removal from office by the President;
(c) removal from office by the Pr esident on the ground of mental infirmity or
physical incapacity based on an official Medical Commission report;
(d) in the case of a Minister, resolution of the National Legislative Assembly,
as set forth in Article 119 (2) of this Constitution; or
(e) death.
Declaration of Wealth and Prohibition of Private Business
12 0. (1) All executive and legislative constitutional office holders, Justices, and senior
Civil Service officials at all levels of government shall, upon assumption of their
offices, make confidential declaration of their assets and liabilities including those
of their spouses and children in accordance with the law.
(2) The President, Vice President, Presidential Advisors, Ministers, and Deputy
Ministers of the National Government, Gove rnors, state Advisors, state Ministers,
and other constitutional office holders shall, during their tenure of office, neither
practice any private profession, transact commercial business, nor receive
remuneration or accept employment of any kind from any source other than the
National Government or a state government as the case may be.
Emoluments and Remuneration
12 1. The President and Vice President, Presidential Advisors, Ministers, and Deputy Ministers
of the National Government, Governors, state Adv isors, state Ministers and other
constitutional office holders shall be paid such emoluments and other remuneration and,
on leaving office, receive such benefits as shall be regulated by law.

PART SEVEN
THE JUDICIARY
The Judicial Power
12 2. (1) Judicial power is derived from the people and shall be exercised by the courts in
accordance with the customs, values, norms and aspirations of the people and in
conformity with this Constitution and the law.
(2) Judicial power shall be vested in an independent institution to be known as the
Judiciary.
(3) The Judiciary shall be responsible for the maintenance of professional standards
and training of judicial personnel.
(4) The Judiciary shall have power to adjudicate on disputes and render jud gments in
accordance with this Constitution and the law.
(5) In adjudicating cases of both civil and criminal nature, the courts shall, subject to
the law, apply, inter alia , the following principles:
(a) justice shall be done to all irrespective of the ir social ¸ political or
economic status, gender, religion or beliefs;
(b) justice shall not be delayed;
(c) adequate compensation shall be awarded to victims of wrongs;
(d) voluntary reconciliation agreements between parties shall be recognized
and enforc ed; and
(e) substantive justice shall be administered without undue regard to
technicalities.
(6) There shall be a substantial representation of women in the Judiciary having
regard to competence, integrity, credibility and impartiality.
(7) All organs and institutions, at all levels of government, shall obey and execute the
judgments and orders of the courts.
(8) The Chief Justice, as the head of the Judiciary, shall be responsible for the
administration of the Judiciary.
(9) The overall administr ation of the Judiciary, its composition and functions shall be
prescribed by law in accordance with the provisions of this Constitution.

Structure of the Judiciary
12 3. The Judiciary shall be structured as follows:
(a) the Supreme Court;
(b) Courts of Appeal;
(c) High Courts;
(d) County Courts; and
(e) other courts or tribunals as deemed necessary to be established in
accordance with the provisions of this Constitution and the law.
Independence of the Judiciary
12 4. (1) The Judiciary shall be inde pendent of the executive and the legislature.
(2) The budget of the Judiciary, after its approval by the National Judicial Service
Commission and assent of the President, shall be charged on the consolidated
fund and it shall have the financial independ ence in the management thereof.
(3) The Judiciary shall be self -accounting and its finances shall be subject to public
audit.
(4) The Judiciary shall be subject to this Constitution and the law which the Judges
shall apply impartially and without polit ical interference, fear or favour.
(5) The executive and legislative organs at all levels of government shall uphold,
promote and respect the independence of the Judiciary.
. (6) Justices and Judges shall be independent in their judicial work, and shal l perform
their functions without interference. Their independence shall be guaranteed by
this Constitution and the law.
(7) Justices and Judges shall uphold this Constitution and the rule of law and shall
administer justice without fear or favour; they shall enjoy such immunities as
shall be determined by law.
(8) Justices and Judges shall not be affected by their judicial decisions.
(9) The salaries, allowances, privileges, post -service benefits, tenure and other
conditions and terms of service of judicial officers or other persons exercising
judicial powers shall be regulated by law.
Composition of the Supreme Court
12 5. The Supreme Court shall be the highest court and shall consist of the Chief Justice, a
Deputy Chief Justice and not less t han nine other Justices.

Competences of the Supreme Court
12 6. (1) The Supreme Court shall be the custodian of this Constitution and the
constitutions of the states.
(2) The Supreme Court shall exercise competences as follows:
(a) interpret constituti onal provisions at the instance of the President,
Government of South Sudan, any state government, or any of the two
Houses of the National Legislature;
(b) be the court of final judicial instance in respect of any litigation or
prosecution under National or state law, including statutory and customary
law;
(c) have original jurisdiction to decide on disputes that arise under this
Constitution and the constitutions of states at the instance of individuals,
juridical entities or governments;
(d) adjudicate on the constitutionality of laws and set aside or strike down
laws or provisions of laws that are inconsistent with this Constitution or
the constitutions of the states to the extent of the inconsistency;
(e) be a court of review and cassation in respect o f any criminal, civil and
administrative matters arising out of or under the law;
(f) have criminal jurisdiction over the President in accordance with Article
103 (2) herein;
(g) have criminal jurisdiction over the Vice President, the Speakers of the
Natio nal Legislative Assembly and the Council of States and the Justices
of the Supreme Court;
(h) review death sentences imposed by courts in respect of offences
committed under the law;
(i) receive appeals against decisions and judgments of the courts of appe al;
(j) have original and final jurisdiction to resolve disputes between the states
and between the National Government and a state in respect of areas of
exclusive, concurrent or residual competences;
(k) uphold and protect human rights and fundamental fr eedoms; and
(l) have such other competences as prescribed by this Constitution and the
law.
(3) The Supreme Court shall sit in panels of three justices each on all matters; except
that when sitting as a Constitutional panel it shall consist of not less than nine
members of the Supreme Court and be chaired by the Chief Justice.
(4) Decisions of the Supreme Court shall be taken by majority of Justices in each
panel.
(5) The decisions of the Supreme Court shall be final and binding.

(6) The Supreme C ourt shall regulate its functions and procedures in accordance with
the law.
Administrative Functions of the Chief Justice
12 7. (1) The Chief Justice:
(a) shall be the head of the Judiciary and the President of the Supreme Court,
and shall be respons ible for the administration and supervision of all
courts; and
(b) may issue judicial circulars, warrants of establishment and directives to
the courts necessary for the proper and efficient administration of justice.
(2) When the office of Chief Justi ce falls vacant, the Deputy Chief Justice shall
perform the functions of the Chief Justice pending the appointment of a new
Chief Justice.
Administrative Functions of the Deputy Chief Justice
12 8. The Deputy Chief Justice shall:
(a) deputize for the C hief Justice and act in his or her absence; and
(b) perform any other function and duty as may be assigned to him or her by
the Chief Justice.
Courts of Appeal
129 . (1) The establishment, composition, competences and procedures of the Courts of
Appeal shall be determined by law.
(2) Decisions of the Courts of Appeal shall be appealed against before the Supreme
Court.
High Courts
13 0. (1) The establishment, composition, competences, jurisdiction and procedures of
High Courts shall be determined by law.
(2) Decisions of the High Courts shall be appealed against before the Courts of
Appeal.

County and Other Courts
13 1. (1) The establishment, composition, competences and procedures of County and
other courts at lower levels shall be determine d by law.
(2) Decisions of the County Courts shall be appealed against before the High Courts.
The National Judicial Service Commission
13 2. (1) There shall be established an independent commission to be known as the
National Judicial Service Commiss ion.
(2) The structure, composition ,functions, and terms and conditions of service of the
members and employees of the Commission shall be determined by law.
Appointment of Justices and Judges
13 3. (1) The President of the Republic shall appoint the Chief Justice having regard to
competence, integrity, credibility and impartiality in accordance with this
Constitution and the law.
(2) The President shall, upon the recommendation of the Judicial Service
Commission, appoint the Deputy Chief Justice an d Justices of the Supreme Court,
Justices of the Courts of Appeal and the Judges of the High Courts and County
Courts having regard to competence, integrity, credibility and impartiality in
accordance with this Constitution and the law.
(3) The appointm ent of the Chief Justice, Deputy Chief Justice and Justices of the
Supreme Court shall be subject to approval by a two -thirds majority of all
members of the National Legislative Assembly.
(4) The National Legislative Assembly shall enact a law to provide for appointments,
terms and conditions of service of Justices and Judges.
(5) All Justices and Judges shall, before assuming their duties, take the oath of office
as shall be prescribed by law.
Discipline of Justices and Judges
13 4. (1) Discipline of Justices and Judges shall be exercised by the Chief Justice with the
approval of the Judicial Service Commission.
(2) Justices and Judges may be removed by an order of the President for gross
misconduct, incompetence and incapacity and upon the recomm endation of the
National Judicial Service Commission.

PART EIGHT
PUBLIC ATTORNEYS AND ADVOCACY
Public Attorneys and Legal Advisors
135 . (1) The Public Attorneys and Legal Advisors shall be under the National Ministry of
Justice.
(2) The Minister of Justice shall be the chief Legal Advisor and the prosecuting
authority at all levels of government, and shall perform such other functions of
legal nature as may be prescribed by law.
(3) Public Attorneys and Legal Advisors shall advise all levels of government,
represent them in public prosecution, litigation, adjudication, and conduct pre -trial
proceedings. They shall recommend law reform, strive to protect public and
private rights, advice on legal issues and shall render legal aid.
(4) Public Attorneys and Legal Advisors at all levels of government shall perform
their duties diligently according to this Constitution and the law.
(5) Without prejudice to the generality of sub -Article (2) above, the Minister of
Justice shall be responsible for:
(a) drawing up, perusing and recommending approval or otherwise, of such
agreements, contracts, treaties, international conventions and instruments
to which the Government is a party or in respect of which the Government
has an interest;
(b) representing the government in court or any other legal proceedings to
which any level of government is a party;
(c) drafting legislation, including subsidiary legislation, for the government
and;
(d) performing such other functions as may be assigned to him or her by the
President or the law.
(6) All executive institutions and organs of government at all levels shall comply with
legal advice duly given by the Minister of Justice.
(7) The functions, immunities, emoluments, and terms and conditions of service of
the Public Attorneys and Legal Advisors shall be prescribed by law.

Advocacy
13 6. (1) Advocacy is an independent private legal profession and it shall be regulated by
law.
(2) Advocates shall observe professional ethics, and promote, protect and advan ce the
human rights and fundamental freedoms of citizens.
(3) Advocates shall serve to prevent injustice, defend the legal rights and interests of
their clients, seek conciliation between adversaries and may render legal aid for the
needy acco rding to the law.
Law Review Commission
13 7. (1) There shall be established an independent commission to be known as the Law
Review Commission.
(2) The structure, composition ,functions, and terms and conditions of service of the
members and employees of the Commission shall be determined by law.
PART NINE
THE CIVIL SERVICE, INDEPENDENT INSTITUTIONS AND COMMISSIONS
CHAPTER I
THE CIVIL SERVICE
Civil Service
138. (1) The National Government shall have a Civil Service consisting of all its
employees who shall impartially carry out the functions assigned to them
according to the law.
(2) Civil servants, including the Undersecretaries, at all levels of government shall be
recruited, appointed and promoted on the basis of education al qualifications,
professional training, experience, competence and merit.
(3) The law shall determine terms and conditions of service, duties and rights of
employees of the Civil Service.

Basic Values and Guidelines for Civil Service
139. (1) The Civil Service shall be governed by, inter alia ,the following values and
principles:
(a) a high standard of professional ethics shall be promoted and maintained
through focusing on merit and training;
(b) efficient, economic and effective use of resour ces shall be promoted;
(c) Civil Service shall be development oriented;
(d) services shall be provided to all persons impartially, fairly, equitably and
without bias or discrimination on the basis of religion, ethnicity, region,
gender, health status or ph ysical disability;
(e) needs of the people shall be appropriately addressed, and the public shall
be encouraged to participate in policymaking;
(f) Civil Service shall be accountable to the appropriate level of government;
(g) transparency shall be fostere d by providing the public with timely,
accessible and accurate information;
(h) good human -resource management and career -development practices to
maximize human potential, shall be inculcated;
(i) Civil Service shall be broadly representative of the peopl e of South
Sudan, with employment and personnel management practices based on
ability, objectivity, fair competition for jobs, and the need to redress any
imbalances of the past to achieve broad representation through
affirmative action;
(j) persons with s pecial needs shall be provided with specialized and
appropriate training opportunities;
(k) the Civil Service shall function, and be structured, in accordance with the
law; it shall execute the policies of the government;
(l) civil servants shall not engag e in party politics; no civil servant shall be
favored or victimized because of his or her political opinion;
(m) any civil servant seeking an elective office shall resign his or her post in
the Civil Service; and
(n) all levels of government shall be resp onsible for the recruitment,
appointment, promotion, transfer and dismissal of employees of the Civil
Service in their administrations guided by uniform norms and standards
set out in this Constitution and the law.
(2) The terms and conditions of employment i n the Civil Service shall be regulated
by law.
The Civil Service Commission
140. (1) There shall be established a Civil Service Commission composed of persons of
proven competence, experience, integrity and impartiality.

(2) The Chairperson, Deputy Ch airperson and Members of the Commission shall be
appointed by the President in accordance with this Constitution and the law.
(3) The Civil Service Commission shall advise the National Government on the
formulation and execution of policies related to pu blic service, employment and
employees.
(4) The Commission shall be independent and impartial, and shall exercise its powers
and perform its functions without fear, favour or prejudice in the interest of the
maintenance of an effective and efficient Civ il Service and a high standard of
professional ethics therein.
(4) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
Employees Justice Chamber
141. (1) There shall be established a National Employees Justice Chamber which shall be
composed of a Chairperson, Deputy Chairperson, and Members of proven
competence, experience, integrity and impartiality.
(2) The Chairperso n, Deputy Chairperson and Members of the Chamber shall be
appointed by the President in accordance with this Constitution and the law.
(3) The Chamber shall, without prejudice to the right of resorting to courts or
exhausting the proceedings of the Civil Service Commission, be competent to
consider and determine grievances from Civil Service employees.
(4) The Chamber shall present to the President any recommendations or proposed
remedies it deems appropriate to ensure justice.
(5) The structure, comp osition, functions, powers and terms and conditions of service
of the Chairperson, Deputy Chairperson, Members and employees of the Chamber
shall be regulated by law.
CHAPTER II
INDEPENDENT INSTITUTIONS AND COMMISSIONS
142. (1) The National Government s hall establish independent institutions and
commissions as provided for by this Constitution. Such institutions and
commissions shall perform their functions and duties impartially and without
interference from any person or authority.

(2) The National Government may establish other institutions and commissions
compatible with its powers as it deems necessary to promote the welfare of its
people, good governance and justice.
(3) The National Government shall ensure that at least twenty -five percent of t he
membership of each of these institutions and commissions shall be women.
CHAPTER III
ANTI -CORRUPTION COMMISSION
Establishment of the Anti -Corruption Commission
143. (1) There shall be established an independent commission to be known as the Anti –
Cor ruption Commission.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be
appointed by the President with the approval of the National Legislative
Assembly by a simple majority of all the members.
(3) The members of the Commis sion shall be persons of high moral character and
proven integrity and shall be independent, competent, non -partisan and impartial.
They may not be removed from office except with the approval of the National
Legislative Assembly by a two -thirds majority o f all members.
(4) The structure, composition, functions, powers and terms and conditions of service
of the Chairperson, Deputy Chairperson, Members and employees of the
Commission shall be regulated by law.
Functions of the Commission
144. (1) Without prejudice to the powers of the Ministry of Justice in public prosecution,
the Commission shall, inter alia ,perform the following functions:
(a) protect public property;
(b) Investigate and prosecute only cases of corruption.
(c) combat administrative malpr actices in public institutions; and
(d) pursuant to the provisions of Article 121 (1) herein, require all persons
holding such public offices to make confidential formal declarations of
their income, assets and liabilities.
(2) Without prejudice to sub -Article (1) above, the Commission shall not have any
power to question the decision of any Justice, Judge or Magistrate where such
decision was made in the discharge of the judicial functions of his or her office.

CHAPTER IV
HUMAN RIGHTS COMMISSION
Esta blishment of the Human Rights Commission
145. (1) There shall be established an independent commission to be known as the Human
Rights Commission.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be
appointed by the President with the approval of the National Legislative
Assembly by a simple majority of all members present and voting.
(3) The Chairperson, Deputy Chairperson, and Members of the Commission shall be
persons of proven integrity, competence, non -partisan and impar tial.
(4) The Commission shall have power to issue summons or other orders requiring
representatives of relevant institutions and other bodies at all levels of
government or persons or organizations to appear before it or produce any
document or record r elevant to any investigation by the Commission.
(5) The Commission may request a government representative or any person or
organization to take part in its deliberations if and when necessary.
Functions of the Commission
146. (1) The functions of the Commission shall be to:
(a) monitor the application and enforcement of the rights and freedoms
enshrined in this Constitution;
(b) investigate, on its own initiative, or on a complaint made by any person or
group of persons, against any violation of human rights and fundamental
freedoms;
(c) visit police jails, prisons and related facilities with a view to assessing and
inspecting conditions of the inmates and make recommendations to the
relevant authority;
(d) establish a continuing programme of research, education and information
to enhance respect for human rights and fundamental freedoms;
(e) recommend to the National Legislative Assembly effective measures to
promote human rights and fundamental freedoms;
(f) create and sustain within society awareness of the provisions of this
Constitution as the fundamental law of the people of South Sudan;
(g) educate and encourage the public to defend their human rights and
fundamental freedoms against all forms of abuse and violation;

(h) formulate, implement and o versee programmes intended to inculcate in the
citizens awareness of their civic responsibilities and understanding of their
rights and obligations as citizens;
(i) monitor compliance of all levels of government with international and
regional human rights treaties and conventions ratified by the Republic of
South Sudan;
(j) express opinion or present advice to government organs on any issue
related to human rights and fundamental freedoms; and
(k) perform such other function as may be prescribed by law.
(2) The Human Rights Commission shall publish periodical reports on its findings
and submit annual reports to the National Legislative Assembly on the state of
human rights and fundamental freedoms.
(3) The structure, composition, functions, powers and t erms and conditions of service
of the Chairperson, Deputy Chairperson, Members and employees of the
Commission shall be regulated by law.
CHAPTER V
PUBLIC GRIEVANCES CHAMBER
147. (1) There shall be established an independent body to be known as the Pu blic
Grievances Chamber.
(2) The Chairperson, Deputy Chairperson and Members of the Chamber shall be
appointed by the President from persons of proven integrity, competence and shall
be non -partisan and impartial.
(3) The structure, composition, func tions, powers and terms and conditions of service
of the Chairperson, Deputy Chairperson, Members and employees of the Chamber
shall be regulated by law.
CHAPTER VI
RELIEF AND REHABILITATION COMMISSION
148. (1) There shall be established an independen t commission to be known as the Relief
and Rehabilitation Commission.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be
appointed by the President in accordance with the law.

(3) The structure, composition, functions, power s and terms and conditions of service
of the Chairperson, Deputy Chairperson, Members and employees of the
Commission shall be regulated by law.
CHAPTER VII
DEMOBILIZATION, DISARMAMENT AND RE -INTEGRATION COMMISSION
149. (1) There shall be established a n independent commission to be known as the
Demobilization, Disarmament and Re -Integration Commission.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be
appointed by the President in accordance with this Constitution and the law.
(3) The structure, composition, functions, powers and terms and conditions of service
of the Chairperson, Deputy Chairperson, Members and employees of the
Commission shall be regulated by law.
CHAPTER VIII
HIV/AIDS COMMISSION
150. (1) There sha ll be established an independent commission to be known as the
HIV/AIDS Commission.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be
appointed by the President in accordance with the provisions of this Constitution
and the law.
(3) The structure, composition, functions, powers and terms and conditions of service
of the Chairperson, Deputy Chairperson, Members and employees of the
Commission shall be regulated by law.

PART TEN
ARMED FORCES, LAW ENFORCEMENT AG ENCIES AND SECURITY
CHAPTER I
ARMED FORCES
Composition, Status, Mission and Duties
151. (1) The Sudan People’s Liberation Army shall constitute the national armed forces of
the Republic of South Sudan.
(2) The Sudan People’s Liberation Army shall be tra nsformed into the South Sudan
Armed Forces, and shall be non -partisan, national in character, patriotic, regular,
professional, disciplined, productive and subordinate to the civilian authority as
established under this Constitution and the law.
(3) No p erson or persons shall raise any armed or paramilitary force in South Sudan
except in accordance with this Constitution and the law.
(4) The mission of the national armed forces, in addition to its other national duties,
shall be to:
(a) uphold this Con stitution;
(b) defend the sovereignty of the country;
(c) protect the people of South Sudan;
(d) secure the territorial integrity of South Sudan;
(e) defend South Sudan against external threats and aggression; and
(f) be involved in addressing any emergenc ies, participate in reconstruction
activities, and assist in disaster management and relief in accordance with
this Constitution and the law.
(5) The law shall stipulate the conditions in which the civilian authority may resort to
the engagement of the ar med forces in missions of non -military nature.
(6) The national armed forces shall respect and abide by the rule of law and respect
the will of the people, the civilian authority, democracy, basic human rights and
fundamental freedoms.
(7) The national armed forces shall not have any internal law and order mandate
except as may be requested by the civilian authority when necessity so requires.
(8) Military service, Military Courts and military legal services shall be regulated by
law.

Code of Condu ct for the Armed Forces
152. There shall be a code of conduct for the national armed forces that shall:
(a) be informed by their military doctrine;
(b) make a clear distinction between the military and partisan political
functions;
(c) underline the prin ciple that the national armed forces shall not be used as
an instrument of physical intimidation of the civilian population;
(d) make a clear distinction between the military and the policing mandate;
and
(e) make clear that all members of armed forces sha ll not be involved in illicit
activities that may affect the environment and natural resources.
Command and Control
153. (1) The President of the Republic of South Sudan shall be the Commander -in-Chief
of the national armed forces.
(2) The Commander -in-Chief shall commission, promote, retire or dismiss officers of
the national armed forces according to the law.
(3) The structure, command, control and terms and conditions of service of the
national armed forces shall be prescribed by law.
Command Co uncil
154. (1) There shall be established a consultative body which shall be known as the
National Armed Forces Command Council.
(2) The composition, functions and duties of the Command Council shall be
prescribed by law.
CHAPTER II
LAW ENFORCEME NT AGENCIES
The Police Service
155. (1) There shall be a police service to be known as the National Police Service which
shall be a decentralized professional service.
(2) The mission of the Police Service shall be to:

(a) prevent, combat and inv estigate crime, maintain law and public order,
protect the people and their properties; and
(b) uphold and enforce this Constitution and the law.
(3) The Police Service shall be organized at the National and state levels; its
organization, structure, functions, powers, terms and conditions of service shall be
regulated by law.
(4) The Police Service shall be headed by an Inspector -General of Police appointed
by the President after approval of the Council of Ministers upon the
recommendation of the M inister in charge.
(5) The national Police Service shall be responsible for the maintenance of
professional standards and the recruitment, training, deployment and transfer of
police officers throughout South Sudan.
(6) The Police of South Sudan shall be governed by this Constitution and the law. It
shall respect the will of the people, the rule of law and order, civilian authority,
democracy, human rights, fundamental freedoms and execute judicial orders.
(7) The Police at the National level and thei r counterparts at the state level shall
coordinate, cooperate and assist each other in the discharge of their functions and
duties, and to that end, shall recommend, through their respective authorities to
the President of South Sudan the establishment of such necessary mechanisms.
The Prisons Service
156. (1) There shall be a prisons service to be known as the National Prisons Service and it
shall be a decentralized professional service.
(2) The mission of the Prisons Service shall be correctional, reformative and
rehabilitative. It shall respect the will of the people, the rule of law and order,
civilian authority, democracy, human rights and fundamental freedoms.
(3) The Prisons Service shall be organized at the National and the state levels.
(4) The Prisons Service shall be headed by a Director -General appointed by the
President after approval of the Council of Ministers upon the recommendation of
the Minister in charge.
(5) The national Prisons Service shall be responsible for the maintenanc e of
professional standards and the recruitment, training, deployment and transfer of
prison officers throughout South Sudan.

(6) The functions of Prisons Service shall, inter alia , be to manage, operate and
maintain the prisons of South Sudan, and to ad minister the internment and care
for the health and general welfare of prisoners and inmates.
(7) Prisons authorities shall treat prisoners humanely. Any treatment that is cruel,
inhuman, degrading of the dignity of prisoners or that may expose their hea lth to
danger is prohibited and punishable by law.
(8) Organization, powers, terms and conditions of service of the Prisons Service shall
be prescribed by law.
The Wildlife Service
157. (1) There shall be established a wildlife service to be known as the National Wildlife
Service and it shall be a decentralized professional service.
(2) The mission of the Wildlife Service shall be to protect the wildlife and to preserve
and conserve the natural habitat of flora and fauna of South Sudan.
(3) The Wil dlife Service shall be organized at the National and the state levels.
(4) The Wildlife Service shall be headed by a Director -General of Wildlife appointed
by the President after approval of the Council of Ministers upon the
recommendation of the Ministe r in charge.
(5) The national Wildlife Service shall be responsible for the maintenance of
professional standards and the recruitment, training, deployment and transfer of
wildlife officers throughout South Sudan.
(6) The Wildlife Service shall coordin ate and cooperate with the local communities
on the protection and management of wildlife within their areas.
(7) The Wildlife Service shall act in accordance with this Constitution and the
following guiding principles:
(a) the conservation and protecti on of the natural ecosystems, bio -diversity
and endangered species shall be the primary consideration in carrying out
its duties;
(b) consistent with the provisions of this Constitution and the law, the
Wildlife Service shall manage wildlife resources in a manner that will
ensure the protection of human life; and
(c) wildlife shall be protected and managed in accordance with the
international standards and obligations.

(8) The Wildlife Service shall respect the will of the people, the rule of law, civilia n
authority, democracy, human rights, fundamental freedoms and the protection of
animals in accordance with the law.
(9) The organization, functions, powers and terms and conditions of service of the
Wildlife Service shall be regulated by law.
The Fire Brigade Service
158. (1) There shall be a fire brigade service to be known as the National Fire Brigade
Service and it shall be a decentralized professional service.
(2) The mission of the Fire Brigade Service shall be to prevent and protect the people
of South Sudan and their property from fire and disasters.
(3) The Fire Brigade Service shall be organized at all levels of government.
(4) The Fire Brigade Service shall be headed by a Commissioner of Fire Brigade
appointed by the President after app roval of the Council of Ministers upon the
recommendation of the Minister in charge.
(5) The national Fire Brigade Service shall be responsible for the maintenance of
professional standards and the recruitment, training, deployment and transfer of
fire b rigade officers throughout South Sudan.
(6) The organization, functions and terms and conditions of service of the Fire
Brigade Service shall be regulated by law.
CHAPTER III
NATIONAL SECURITY
Guiding Principles of National Security
159. National sec urity shall:
(a) be subject to the authority of this Constitution and the law;
(b) be subordinate to the civilian authority;
(c) respect the will of the people, the rule of law, democracy, human rights
and fundamental freedoms;
(d) reflect the di versity of the people of South Sudan in its recruitment; and
(e) be professional and its mandate shall focus on information gathering,
analysis and advice to the relevant authorities.

National Security Service
160. (1) There shall be established a security service which shall be known as the National
Security Service .
(2) (a) The National Security Service shall have two operational organs, to be
known as:
(i) the Internal Security Bureau; and
(ii) the General Intelligence Bureau.
(b) Each o f the operational organs shall be headed by a Director -General
appointed by the President with the approval of the Security Council upon
the recommendation of the Minister in charge.
(3) The two operational organs shall be under a Minister in the Office of the President
who shall report to and be directly accountable to the President.
(4) The National Security Service shall be charged with the internal and external
security of the Country and its people.
(5) The structures, mission, mandate, functi ons of the Service, and the terms and
conditions of service of its personnel shall be prescribed by law.
National Security Council and Committees
161. (1) There shall be established at the national level a National Security Council, the
composition and functions of which shall be determined by law.
(2) The National Security Council shall define the national security strategy based on
the analysis of all threats to security of South Sudan.
(3) There shall be established at the state and county level s security committees; their
composition and functions shall be prescribed by law.
PART ELEVEN
THE STATES, LOCAL GOVERNMENT AND TRADITIONAL AUTHORITY
CHAPTER I
STATES OF SOUTH SUDAN
General Provisions
162. (1) The territory of South Sudan is compose d of ten states governed on the basis of
decentralization.

(2) The constitutions of the states shall conform to this Constitution.
(3) State boundaries shall not be altered except by a resolution of the Council of
States approved by two -thirds of all m embers.
(3) Names of states and their capital towns shall not be altered except by a resolution of
the Council of States approved by a simple majority of all members on the
recommendation of the relevant state Assembly.
State Organs
163. (1) There shall b e legislative and executive organs at each state level; they shall
function in accordance with this Constitution and the relevant state constitution.
(2) Each state shall have exclusive executive and legislative competences as set forth
in Schedule B of this Constitution.
(3) Each state shall have concurrent and residual executive and legislative
competences as set forth in Schedules C and D, read together with Schedule E
herein.
(4) Each state government shall exercise such other powers as shall pro mote the
welfare of the people of that state and to protect their human rights and
fundamental freedoms as are provided for in this Constitution.
(5) Each state shall organize, promote and empower the local government institutions
in accordance with the provisions of this Constitution and its constitution and the
law.
(6) Elections to the local government institutions shall be organized and conducted by
the National Elections Commission in accordance with the provisions of this
Constitution and the law .
(7) In fulfillment of the principle of affirmative action, women shall be allocated at
least twenty -five per cent of the seats and positions in each legislative and each
executive organ of each state, without prejudice to their right to compete for the
remaining seats and positions in such organs.
State Legislative Assembly
164. (1) The existing state legislatures shall be known as state Legislative Assemblies.
They shall comprise of the current elected members.

(2) Each state Legislative Assembly s hall adopt a draft amended state constitution to
become its state transitional constitution, provided that it shall be in conformity
with this Constitution.
(3) Each state Legislative Assembly shall have law -making competence in respect of
the functional areas listed in Schedules B, C and D read together with Schedule E
herein, and such other legislative competences as are conferred upon the state by
this Constitution, the state constitution, and the law.
(4) (a) A state Legislative Assembly may, in a ccordance with the state
transitional constitution, pass a vote of no confidence in the Governor by
three quarters majority of all its members;
(b) If the state Legislative Assembly passes a vote of no confidence as stated
in paragraph (a) above, the Presi dent shall act upon such a vote in
accordance with Article 101 (s) herein ; and shall call a snap election.
(c) If the Governor who was subjected to the vote of no -confidence is re –
elected, the state legislature shall be deemed to have been dissolved. A
new state legislature shall be elected within sixty days to complete the
tenure of the dissolved legislature; and
(d) A vote of no confidence in the Governor shall not be passed before he or
she completes twelve months in office.
(5) (a) The term of a Sta te Legislative Assembly shall be five years .
(b) Notwithstanding Article (1) above, during the transitional period
the term of a State Legislative Assembly shall be four years from July 9,
2011.
(6) Governors, members of state Legislativ e Assemblies and the state councils of
ministers shall have such immunities as are provided by law.
(7) Each state Legislative Assembly shall make its own Conduct of Business
Regulations, establish its committees and elect its speaker and other officers.
State Executive
165. (1) There shall be a governor for each state elected by the residents of that state in
compliance with the requirements prescribed by the National Elections
Commission and in accordance with this Constitution and the relevant state
constitution.
(2) The Governor of each state shall be the head of the executive organ in the state
and shall appoint and relieve the Deputy Governor, state Advisors, and state
Ministers in consultation with the President and in accordance with the state
constitution.

(3) The Deputy Governor may assume the portfolio of a Minister other than the
Minister of Finance, and shall act as Governor in the absence of the Governor.
(4) State Ministers shall be individually and collectively answerable to th e Governor
and the state Legislative Assembly in the performance of their functions.
(5) A state Minister may be removed by the Governor; or on a motion supported by
two -thirds of all the members of the state Legislative Assembly.
(6) The state executi ve shall exercise the executive competences of the state in
respect of the functional areas in Schedules B, C and D read together with
Schedule E, as conferred by this Constitution and the state constitution and such
other executive powers as may be prescr ibed by law.
CHAPTER II
LOCAL GOVERNMENT
Local Government
166. (1) Pursuant to Article 47 (c) of this Constitution and the state constitutions, the states
shall enact laws for the establishment of a system of local government based on
urban and rural c ouncils for which they shall provide structures, composition,
finance and functions.
(2) Without prejudice to the provisions of sub -Article (1) above and for the purposes
of the initial establishment of a local government system, and in order to set
comm on standards and criteria for the organization of local government, the
National Government shall enact the necessary legislation.
(3) The President shall establish a Local Government Board under his or her office to
review the local government system an d recommend the necessary policy
guidelines and action in accordance with the decentralization policy enshrined in
this Constitution.
(4) Without prejudice to the existing forms of the local government structures, local
government councils shall be estab lished by law taking into account but not
limited to the following criteria:
(a) size of territory;
(b) population;
(c) economic viability;
(d) common interest of the communities; and
(e) administrative convenience and effectiveness.

(5) Local government tiers shall consist of County, Payam and Boma in the rural
areas, and of city, municipal and town councils in the urban areas.
(6) The objects of local government shall be to:
(a) promote self -governance and enhance the participation of peop le and
communities in maintaining law and order and promoting democratic,
transparent and accountable local government;
(b) establish the local government institutions as close as possible to the
people;
(c) encourage the involvement of communities and com munity based
organisations in the matters of local government, and promote dialogue
among them on matters of local interest;
(d) promote and facilitate civic education;
(e) promote social and economic development;
(f) promote self -reliance amongst the peop le through mobilisation of local
resources to ensure the provision of health and educational services to
communities in a sustainable manner;
(g) promote peace, reconciliation and peaceful coexistence among the various
communities;
(h) ensure gender mainst reaming in local government;
(i) acknowledge and incorporate the role of Traditional Authority and
customary law in the local government system;
(j) involve communities in decisions relating to the exploitation of natural
resources in their areas and promo te a safe and healthy environment; and
(k) promote and support the training of local cadres.
(7) Local governments shall have powers to levy, charge, collect and appropriate fees
and taxes in accordance with the law.
(8) The National Government may pay grants -in-aid to states in support of their
budgetary deficits and that of local government councils.
Traditional Authority
167. (1) The institution, status and role of Traditional Authority, according to customary
law, are recognised under this Const itution.
(2) Traditional Authority shall function in accordance with this Constitution, the state
constitutions and the law.
(3) The courts shall apply customary law subject to this Constitution and the law.
Role of Traditional Authority

168. (1) Le gislation of the states shall provide for the role of Traditional Authority as an
institution at the local government level on matters affecting local communities.
(2) Legislation at the National and state levels shall provide for the establishment,
com position, functions and duties of councils for Traditional Authority leaders.
PART TWELVE
FINANCE AND ECONOMIC MATTERS
CHAPTER I
GUIDING PRINCIPLES FOR DEVELOPMENT AND EQUITABLE SHARING OF
NATIONAL WEALTH
169. (1) The National Government shall promo te, support and encourage decentralized
broad based and balanced and participatory economic development based on the
principle of subsidiarity and devolution of governmental functions and powers to
the appropriate levels where the people can best manage an d direct their own
affairs.
(2) Equitable economic development shall be based, inter alia , on the agricultural and
agro -industrial sectors, and promotion of private sector conducted in accordance
with the best known practices of sustainable development within a framework of
transparent and accountable governance.
(3) The National Government shall promote and encourage the participation of the
people in the formulation of its development policies and programmes.
(4) The National Government shall endea vour to build institutional, human, social
and economic capacity, develop infrastructure and social services
and raise the standard of public services to attain the Millennium Development
Goals.
(5) The sharing and allocation of resources and national wealth shall be based on the
premise that all states, localities and communities are entitled to equitable
dev elopment without discrimination as shall be regulated by law.
(6) National wealth and other resources shall be allocated in a manner that will enable
each level of government to discharge its legal and constitutional responsibilities
and duties and ensure that the quality of life and dignity of all the people are
promoted without discrimination on grounds of gender, religion, political
affiliatio n, ethnicity, language or locality.

(7) The National Government shall fulfill its obligations to provide financial transfers
to all levels of government, and shall, except as otherwise provided herein,
apportion revenue equitably among the states and lo cal governments as shall be
determined by law.
(8) Revenue sharing shall reflect a commitment to devolution of powers and
decentralization of decision -making in regard to development, service delivery
and good governance.
(9) All taxes and duties set o ut in this Constitution shall be regulated by law to ensure
coordination, fairness, equity, transparency and to avoid an excessive tax burden
and tax incident on the citizens, private sector and investors.
(10) No level of government shall unduly withhol d any allocation or financial transfer
due to another level of government. In case of dispute, any level of government,
after attempting amicable solution, may initiate proceedings before the Supreme
Court.
CHAPTER II
LAND OWNERSHIP, TENURE AND NATURAL RESOURCES
Land Ownership
170. (1) All land in South Sudan is owned by the people of South Sudan and its usage
shall be regulated by the government in accordance with the provisions of this
Constitution and the law.
(2) Notwithstanding sub -Article (1) above, and the provisions of Article 28 of this
Constitution, the government at all levels, may expropriate land in the public
interest as shall be prescribed by law.
Land Tenure
171. (1) The regulation of land tenure, usage and exercise of rights thereo n shall be
governed by this Constitution and the law.
(2) Without prejudice to sub -Article (4) below, the land tenure system in South Sudan
shall consist of:
(a) public land;
(b) community land; and
(c) private land.
(3) Public land shall includ e, but not be limited to:

(a) all land owned, held or otherwise acquired by any level of government as
defined by law; and
(b) all land which is not otherwise classified as community or private.
(4) Regardless of the classification of the land in qu estion, rights over all
subterranean and other natural resources throughout South Sudan, including
petroleum and gas resources and solid minerals, shall belong to the National
Government and shall be regulated by law.
(5) Community land shall include a ll lands traditionally and historically held or used
by local communities or their members. They shall be defined, held, managed and
protected by law.
(6) Private land shall include:
(a) registered land held by any person under leasehold tenure in ac cordance
with the law;
(b) investment land acquired under lease from the Government or community
for purposes of social and economic development in accordance with the
law; and
(c) any other land designated as private land by law.
(7) Rights in land and resources owned, held or otherwise acquired by the
Government shall be exercised through the appropriate or designated level of
government which shall recognize customary land rights under customary land
law.
(8) All levels of government shall instit ute a process to progressively develop and
amend the relevant laws to incorporate customary rights and practices and local
heritage.
(9) Communities and persons enjoying rights in land shall be consulted in decisions
that may affect their rights in lan ds and resources.
(10) Communities and persons enjoying rights in land shall be entitled to prompt and
equitable compensation on just terms arising from acquisition or development of
land in their areas in the public interest.
Land Commission
172. (1) There shall be established an independent commission to be known as the Land
Commission, and it shall be composed of persons of proven competence,
experience, integrity and impartiality.

(2) The Chairperson, Deputy Chairperson and Members of the Commis sion shall be
appointed by the President in accordance with this Constitution and the law.
(3) The structure, composition, functions, powers and terms and conditions of service
of the Chairperson, Deputy Chairperson, Members and employees of the
Commissi on shall be regulated by law.
CHAPTER III
PETROLEUM AND GAS DEVELOPMENT AND MANAGEMENT
Guiding Principles for Petroleum and Gas Development and Management
173. (1) Ownership of petroleum and gas shall be vested in the people of South Sudan and
shall be developed and managed by the National Government on behalf of and for
the benefit of the people.
(2) Petroleum and gas development and management shall be guided by the
following principles:
(a) safeguarding National interests;
(b) creating lasti ng benefits for society;
(c) promoting efficient and sustainable resource management;
(d) using oil revenues to develop other sectors of the economy, especially
agriculture;
(e) ensuring transparency and accountability;
(f) promoting fair competition to increase productivity and efficiency in the
petroleum and gas sector;
(g) promoting balanced and equitable development;
(h) creating a secure and healthy investment environment;
(i) protecting the environment and biodiversity;
(j) building the capacity o f South Sudanese within the petroleum and gas
sector;
(k) establishing oil infrastructure within South Sudan, such as pipelines,
refineries, storage, processing and transport facilities;
(m) safeguarding interests of future generations;
(n) ensuring acco untability for violations of human rights and degradation to
the environment caused by petroleum and gas -related operations; and
(o) ensuring restoration of land and resources affected by development and
management.
National Petroleum and Gas Commission
174. (1) A National Petroleum and Gas Commission shall be established as a policy –
making body with respect to petroleum and gas resources as shall be regulated by
law.

(2) The National Petroleum and Gas Commission shall report to the President and the
National Legislative Assembly and Council of States.
(2) The National Petroleum and Gas Commission shall consist of relevant national
Ministries, other relevant institutions, and representatives of oil producing
states appointed by the Presid ent in accordance with the law.
(3) The Chairperson, Deputy Chairperson and members of the Commission shall
be appointed by the President with the approval of the National Legislative
Assembly.
(4) The Structure, Composition, Functions, powers, terms and conditions of
service of the chairperson, Deputy Chairperson, Members and employees of
the Commission shall be regulated by law.
Ministry in Charge of Petroleum and Gas
175. (1) The Ministry in charge of petroleum and gas shall be the policy implementing
body of the Government with respect to petroleum affairs. It shall act in
accordance with this Constitution and the law.
(2) The functions of the Ministry shall include:
(a) negotiating all oil contracts for the exploration and development of oil and
ensuring that they are consistent with its principles, policies and
guidelines;
(b) initiating legislation, rules, and regulations regarding the petroleum and
gas sector;
(c) managing the relations of the Government with petrole um and gas
companies operating in South Sudan;
(d) formulating strategies and programmes for the development and
management of the petroleum and gas sector;
(e) developing the necessary technical cadres for the petroleum and gas
sector;
(f) in consul tation with affected communities, ensuring that all petroleum and
gas projects be subjected to environmental and social impact assessment;
and
(g) signing contracts on behalf of the Government upon the approval of the
National Petroleum and Gas Commissi on .
National Petroleum and Gas Corporation
176. There shall be established a national petroleum and gas corporation which shall
participate in the upstream, midstream and downstream activities of the petroleum and

gas sector on behalf of the National Go vernment. Its structure, management, and
functions shall be determined by law.
CHAPTER IV
SOURCES OF REVENUE
Sources of Revenue for the National Government
177. (1) there shall be established a National Revenue Authority. Its structure,
com position and functions shall be regulated by law.
(2) The National Government shall legislate for raising revenue or collecting taxes from
the following sources:
(a) petroleum, Gas/oil, mineral, and other natural resources;
(b) national personal income tax;
(c) corporate and business profit tax;
(d) customs duties and import taxes;
(e) airports, rail, road, and river transport revenue;
(f) service charges, fees and fines;
(g) national government enterprises and projects;
(h) value added tax or gen eral sales tax on goods and services;
(i) excise duties;
(j) loans and borrowing from the Bank of South Sudan and the public;
(k) grants -in-aid and foreign financial assistance;
(l) fees from nationality, passports, immigration and visas;
(m) royalti es; and
(n) any other tax or revenue as may be determined by law.
National Oil Revenue
178. (1) The National Government oil revenue shall derive from the net oil revenue after
payment to the Oil Revenue Stabilization Account . The two percent payable to
the oil producing states shall be increased to five percent and shall be allocated as
follows:
(a) Two percent shall be allocated to the states; and
(b) Three percent to the communities,
The above allocations shall be regulated by law.
.
(2) An Oil Revenue Stabilization Account shall be established from government oil
net revenue derived from actual export sales above an agreed benchmark price.
The benchmark price will be established annually as part of the national budget.

(3) The National Gover nment shall establish a Future Generation Fund from its share
of net oil revenue.
Sources of Revenue of the States
179. The states shall legislate for raising revenue or collecting taxes from the following
sources:
(a) state land and property tax and royalties;
(b) service charges for state services;
(c) licences issued by the state;
(d) state personal income tax;
(e) levies on tourism;
(f) at least two percent of net oil and other mineral revenues for each
producing state;
(g) state government projects;
(h) stamp duties;
(i) agricultural production taxes;
(j) grants -in-aid and foreign aid;
(k) excise duties;
(l) other state taxes, which are not within the exclusive jurisdiction of the
National Government;
(m) loans and borrowing in accord ance with Article 184 (2) and (3) of this
Constitution; and
(n) any other tax as may be determined by law.
CHAPTER V
FISCAL AND FINANCIAL INSTITUTIONS
National Revenue Fund
180. (1) All revenue collected for or by the National Government shall be po oled in a
National Revenue Fund administered by the Ministry of Finance. Such Fund shall
embrace all accounts and sub -funds into which monies due to the National
Government are collected, deposited and reported.
(2) All the revenue and expenditure of each level of government shall be on -budget
operations and made public as the case may be.
(3) Any withdrawals from the National Revenue Fund shall not be made except in
accordance with the law.
(4) The criteria and conditions for allocation of revenue to the states shall be
determined by law.

Fiscal and Financial Allocation and Monitoring Commission
181. (1) There shall be established an independent commission to be known as the Fiscal
and Financial Allocation and Monitoring Commission, to ensure tra nsparency and
fairness in regard to the allocation of funds collected at the level of the National
Government to the states and local governments.
(2) The Commission shall undertake the following duties and responsibilities:
(a) recommend criteria fo r allocation of National revenue to the state and
local government levels;
(b) ensure and monitor that grants from the National Revenue Fund are
promptly transferred to the respective levels of government;
(c) guarantee appropriate sharing and utilization of financial resources at the
state and local government levels;
(d) safeguard transparency and fairness in the allocation of funds to the state
and local government levels;
(e) monitor allocation and utilization of grants to and by the state and local
gov ernment levels; and
(f) perform any other function as may be prescribed by law.
(3) The Commission shall submit a quarterly report to the President and the National
Legislative Assembly and the Council of States about its performance, and the
President s hall take appropriate remedial action to resolve any problems affecting
the work of the Commission.
(4) The President shall appoint the Chairperson, Deputy Chairperson, and Members
of the Commission.
(5) The structure, composition, functions, powers and terms and conditions of service
of the Chairperson, Deputy Chairperson, Members and employees of the
Commission shall be regulated by law.
CHAPTER VI
BANKING IN SOUTH SUDAN
Establishment of the Bank of South Sudan
182. (1) There shall be establish ed a central bank in South Sudan to be known as the Bank
of South Sudan to provide for banking services in accordance with this
Constitution and the law. The Bank shall be an independent corporate legal entity.
(2) The Bank of South Sudan shall be respo nsible for the formulation, conduct and
implementation of monetary policy.

(3) The Bank of South Sudan shall use the market -based banking instruments
developed by the Bank to regulate and supervise the implementation of the
national monetary policy in So uth Sudan in relation to the following:
(a) formulating monetary policy;
(b) issuing currency;
(c) promoting and maintaining price stability;
(d) maintaining a stable exchange rate;
(e) maintaining sound, effective and efficient banking and credit syst em;
(f) chartering and supervising financial institutions in South Sudan; and
(g) performing any other function as may be prescribed by law.
(4) The Bank of South Sudan shall be independent in the performance of its functions
and the exercise of its po wers.
(5) All financial institutions shall be subject to rules and regulations set by the Bank
of South Sudan as well as to internationally recognised regulatory and prudential
standards for finance.
(6) All financial institutions shall be bound to im plement monetary policies set by the
Bank of South Sudan.
(7) The Bank of South Sudan shall be headed by a Governor and assisted by two
Deputy Governors, appointed by the President and approved by two -third
majority of members of the National Legislative Assembly present and voting .
(8) The Governor of the Bank of South Sudan shall appoint other senior officers
within the Bank of South Sudan in consultation with the Board of Directors and in
accordance with the law.
(9) There shall be established a Bo ard of Directors for the Bank of South Sudan
appointed by the President. It shall consist of nine members as follows:
(a) Governor of the Bank of South Sudan, Chairperson;
(b) two Deputies of the Governor, members; and
(c) six non -executive, highly qua lified, competent and experienced South
Sudanese who are not employees of the Bank, members.
(10) The Board of Directors shall be the highest policy -making body of the Bank and
shall be responsible to the President.
(11) Decisions of Board of Directors on matters that may affect adversely the interests
of the clientele shall be by consensus.

(12) The tenure and terms and conditions of service of the Governor, Deputy
Governors, members of the Board of Directors and other officials of the Bank
shall be prescribed by law.
Circulating Currencies in South Sudan
183. (1) The Bank of South Sudan shall have the exclusive right to issue a currency to be
the legal tender of South Sudan, the design of which shall reflect the historical
and cultural diversity of the country.
(2) Until a new currency is issued on the recommendation of the Bank of South
Sudan, the circulating currency in South Sudan shall be recognized as a legal
tender.
Borrowing
184. (1) (a) The National and state governments may borrow m oney with the approval
of their respective legislatures. The appropriate legislature may by law
exempt any categories of loans from the requirement of approval and in
this case determine the extent of the money value of the loan subject to
such conditions as it may prescribe.
(b) Neither the National Government nor the Bank of South Sudan shall
guarantee borrowing by any state government without their prior approval.
(2) The National and state governments may borrow money from foreign sources
dependin g on their respective credit worthiness.
(3) Foreign borrowing by the governments of the states shall be in a manner that does
not undermine national macro -economic policies and shall be consistent with the
objective of maintaining external financial via bility. All foreign borrowing
transactions of National and state governments shall conform to the specifications
of the Bank of South Sudan.
(4) The National and state governments shall report financial and fiscal data relating
to such loans to the Bank of South Sudan for statistical purposes.
CHAPTER VII
ACCOUNTING STANDARDS
Accounting Procedures, Standards and Fiscal Accountability
185. (1) All levels of government shall comply with the established and generally accepted
accounting procedures, stand ards and fiscal accountability to ensure that public
funds are allocated and expended according to the budget of the respective level
of government.

(2) All levels of government shall hold all income and revenue received in public
accounts and subject to public scrutiny and accountability.
(3) The accounting procedures, standards and fiscal accountability shall be regulated
by law.
National Audit Chamber
186. (1) There shall be established an independent institution to be known as the National
Audit C hamber, consisting of persons of proven professional competence,
experience, integrity and impartiality.
(2) The National Audit Chamber shall set auditing standards for the whole country
and supervise the financial performance of all levels of governmen t, including
revenue collection and expenditure, in accordance with the budgets approved by
their respective legislatures.
(3) The President, w ith the approval of a two -third majority of all members of the
National Legislative Assembly, shall appoint fro m qualified professionals the
National Auditor General who shall be the head of the National Audit Chamber.
(4) To assume office, the National Auditor General shall take oath before the
President.
(5) The office of the National Auditor General shall fall vacant under the following
circumstances:
(a) removal from office by the President on the following grounds:
(i) serious violations of the Constitution or any other law;
(ii) gross misconduct, whether in p erformance of his or her office
func tions or otherwise;
(iii) physical and mental incapacity to perform the functions of office;
(iv) incompetence or inefficiency;
(v) bankruptcy ,
(b) resignation ;
(c) by a resolution of two third majority of Members of National Legislative
Assembly p resent and voting; or
(d) death.
(6) The National Auditor General shall be accountable to the President for the
performance of the Chamber.
(7) The National Audit Chamber shall assume auditing of the accounts of the
National, state and local governm ent levels, independent commissions, public

institutions and corporations and any other institutions as may be determined by
law.
(8) The National Auditor General shall present an annual report to the President and
the National Legislative Assembly or t he Council of States, as the case may be.
(9) The National Auditor General and senior officials of the National Audit Chamber
shall be prohibited from engaging in all businesses in which constitutional office
holders are not allowed to engage, pursuant to Article 121 (2) of this Constitution.
(10) The law shall organize the National Audit Chamber and shall specify the tenure,
functions, and terms and conditions of service of the National Auditor General
and the employees of the Chamber.
CHAPTER VIII
INTERSTATE TRADE, COMMERCE AND LIABILITIES AND ASSETS
Interstate Trade and Commerce
187. (1) Free interstate trade and commerce are guaranteed by this Constitution. No
legislation or level of government shall impede interstate commerce, the flow of
good s and services, capital or labour between the states and local governments.
(2) There shall be no levies, taxes or fees or any other charges on interstate trade and
commerce.
Government Liabilities and Assets
188. (1) Any debt or liability incurred by any level of government shall be the
responsibility of that level of government.
(2) There shall be a fair and equitable division of government assets. An asset shall in
the first instance be allocated to the level of government responsible for the
function in respect of which the asset is related.
(3) In the event of a dispute, such dispute shall be referred to a committee consisting
of a representative of each of the parties involved in the dispute and a mutually
agreed expert. The decision of the committee shall be final and binding.

PART THIRTEEN
STATE OF EMERGENCY AND DECLARATION OF WAR
Declaration of a State of Emergency
189. (1) The President, may upon the occurrence of an imminent danger, whether it is war,
invasion, blockade, nat ural disaster or epidemics, as may threaten the country, or
any part thereof or the safety or economy of the same, declare a state of
emergency in the country, or in any part thereof, in accordance with this
Constitution and the law.
(2) The declaration of a state of emergency shall be submitted to the National
Legislature within fifteen days of the issuance of the declaration. When the
National Legislature is not in session, an emergency session shall be convened.
(3) When the National Legislature a pproves the declaration of a state of emergency,
all laws, orders or measures issued or taken by the President pursuant to the state
of emergency shall continue to remain in force.
Powers of the President in a State of Emergency
190. During a state of e mergency, the President may, by law or orders, take any measures that
shall not derogate from the provisions of this Constitution except as provided herein:
(a) to suspend part of the Bill of Rights; however, there shall be no
infringement on the right to life, prohibition against slavery, prohibition
against torture, the right of non -discrimination on the basis of race, sex,
religious creed, the right to litigation or the right to fair trial;
(b) to dissolve or suspend any institution of the National Exe cutive;
(c) to dissolve or suspend any of the state organs or suspend such powers
conferred upon the states under this Constitution; and
(d) to take any such measures as deemed necessary to the state of emergency,
which shall have the force of law.
Dura tion of a State of Emergency
191. The duration of the measures relating to the state of emergency shall expire in the
following cases:
(a) lapse of thirty days as from the date of issuance of the declaration if the
National Legislature does not appro ve by a resolution the extension of its
duration;
(b) lapse of the duration approved by the National Legislature; or
(c) issuance of a declaration by the President lifting the state of emergency.

Declaration of War
192. (1) The President shall declare war whenever the country is under external aggression
and such declaration shall be legal and enforceable subject to approval of the
National Legislature by two -thirds of all the members.
(2) The declaration of war shall be submitted to the Nation al Legislature within
seventy -two hours of the issuance of the declaration if the National Legislature is
in session.
(3) If the National Legislature is not in session, an emergency session shall be
convened and the declaration shall be submitted within fourteen days of its
issuance.
PART FOURTEEN
CENSUS, REFERENDA AND ELECTIONS
CHAPTER I
CENSUS AND STATISTICS
The National Bureau of Statistics
193. (1) There shall be a National Bureau of Statistics.
(2) The National Bureau of Statistics shall b e an independent statistics bureau
authorized, inter alia ,to:
(a) collect, compile, analyze and publish all official statistical information on
economic, social, demographic, environmental and general activities and
conditions of the people of South Suda n;
(b) conduct all censuses and surveys that are carried out throughout South
Sudan;
(c) monitor and evaluate social impacts of public policies, projects and
programmes; and
(d) monitor the progress of poverty alleviation and the attainment of the
Millenni um Development Goals.
(3) The President shall appoint a Board of Directors and the Director -General of the
Bureau. The Board shall be the highest policy -making body of the National
Bureau of Statistics; it shall formulate policies and set its internal re gulations,
priorities, standards and criteria for all the censuses and surveys to be carried out
in South Sudan.

(4) The organization, structure and powers of the Bureau, and terms and conditions of
service of its personnel shall be regulated by law.
Population Census
194. The National Government shall during the Transitional Period conduct a population
census the outcome of which shall, inter alia , determine the number of electoral
constituencies for the next general elections.
CHAPTER II
REFER ENDA
195. (1) Pursuant to Schedule A (30) herein, the President, or the National Legislature,
through a resolution passed by more than half of all its members, may refer for a
referendum any matter of public interest.
(2) Any matter submitted for a re ferendum shall be deemed to have been approved by
the people of South Sudan if it has obtained more than half of the number of votes
cast.
(3) Any matter which has been approved by the people of South Sudan in a
referendum shall have authority above any legislation. It shall not be annulled
save by another referendum.
CHAPTER III
ELECTIONS
Running for Elections
196. Whoever runs in any election shall respect and abide by this Constitution and the law.
The National Elections Commission
197. (1) There shall be established within one month after enactment of the National
Election Law, an Independent Commission which shall be known as the
National Elections Commission.
(2) There shall be enacted a National Elections Law within three months
following the adoption of this Constitution.
(3) The Chairperson, Deputy Chairperson, and Members of the Commission shall be
persons of proven integrity, competence, non -partisan and im partial, and shall be

appointed by the President in accordance with the provisions of this Constitution
and the law.
(4) The structure, composition, functions, powers and terms and conditions of service
of the Chairperson, Deputy Chairperson, Members and employees of the
Commission shall be regulated by law.
PART FIFTEEN
MISCELLANEOUS PROVISIONS
Coming into Force of this Constitution
198. This Constitution shall be assented to and signed by the President of the Government of
Southern Sudan, and shall c ome into force on July 9, 2011.
Amendment of this Constitution
199. This Constitution shall not be amended unless the proposed amendment is approved by
two -thirds of all members of each House of the National Legislature sitting separately
and only after introduction of the draft amendment at least one month prior to the
deliberations.
Continuity of Laws and Institutions
200. All current Laws of Southern Sudan shall remain in force and all current institutions shall
continue to perform their functions and duties, unless new actions are taken in accordance
with the provisions of this Constitution.
PART SIXTEEN
TRANSITIONAL PROVISI ONS AND THE PERMANEN T CONSTITUTION PROCE SS
CHAPTER I
TRANSITIONAL PROVISIONS
201. (1) Upon the Declaration of Independe nce and statehood of the Republic of South
Sudan, on July 9, 2011, the President of the Government of Southern Sudan shall:
(a) 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;
(b) be sworn in as the President of the Republic of South Sudan in the same
ceremony;

(c) establish the Council of States in accordance with the provisions of Article
94 (3) of this Constitution; and
(d) convene the National Legislature in accordance with the provisions of this
Constitution.
(2) This Constitution shall remain in force until the adoption of a permanent
con stitution.
CHAPTER II
PERMANENT CONSTITUTION PROCESS
National Constitutional Review Commission
202. (1) There shall be established by the President of the Republic a Commission to be
known as National Constitutional Review Commission within six month s from
coming into force of this constitution.
(2) 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.
(3) The term of reference of the Commissions, its procedures shall be
detailed out in the instrument of the appointment.
(4) The Commission shall submit its report to the President after one year of its
establishment.
(5) 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 Commi ssion shall
have the requisite competence and technical expertise and experience to
contribute to fulfilling the mandate of the Commission.
(6) The Commission shall review the Transitional Constitution and collect views and
suggestions from all the stak eholders including any changes that may need to be
introduced to the current system of governance.
(7) The Commission may seek the assistance of other experts.
(8) The Commission shall conduct a nation -wide public information programme and
civic e ducation on constitutional issues.

(9) The Commission shall adopt its own rules of procedure.
(10) The Commission shall adopt and present the Draft Constitutional Text and an
Explanatory Report to the President six months after its formation.
(11) The President after receiving the Draft Constitutional Text and the Explanatory
Report, shall present the same to the Constitutional Conference as esta blished
below for deliberation.
National Constitutional Conference
203. (1) 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 th e following categories:
(a) Political Parties;
(b) civil society organizations;
(c) women organizations;
(d) youth organizations;
(e) faith -based organizations;
(f) people with special needs;
(g) Traditional Leaders;
(h) war widows, veterans and w ar wounded;
(i) business leaders;
(j) trade unions;
(k) professional associations;
(l) the academia; and
(m) other categories to be determined.
(2) 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.
(3) The National Constitutional Conference shall:
(a) formulate its rules of procedure;
(b) deliberate on the Draft Constitutional Text;
(c) keep the public informed of its procee dings which shall be conducted in a
transparent manner and open to the media; and
(d) approve and pass the Draft Constitutional Text by simple majority of all
the delegates.
(e) submit the Draft Constitutional Text to the President within six mon ths.

(4) A Judge of the Supreme Court of South Sudan shall be the Chairperson of the
National Constitutional Conference. The Conference shall have a Secretariat.
(5) The National Constitutional Conference shall commence its work as soon as it
receives the Draft Constitutional Text and the Explanatory Report from the
President.
(6) The National Constitutional Conference shall approve the Draft Constitutional
Text and the Explanatory Report and the Conference shall thereafter be
considered dissolved.
(7) 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 withi n three
months .
(8) The Speaker of the National Legislature shall thereafter present the adopted
Constitution to the President for assent and signature.

Schedule (A)
National Powers
The exclusive legislative and executive powers of the Na tional Government shall be as follows:
1. The adoption or amendment of the National Constitution;
2. National Defence, National Security and Protection of the National Borders;
3. Foreign Affairs and International Representation;
4. Nationality and Naturalization;
5. Passports and Visas ;
6. Immigration and Aliens;
7. Currency, Coinage and Exchange Control;
8. The Judiciary;
9. National Police;
10. Establishment and Maintenance of National Prisons, Wildlife and the Fire Brigade
Services;
11. Postal Services ;
12. Civil Aviation;
13. Regulatio n of Airspace;
14. River Transport ;
15. Beacons;
16. Navigation and Shipment ;
17. National Lands and National Natural Resources ;
18. Central Bank, the incorporation of commercial banks, issuing of currency, and regulation
of banking system and insurance policy ;
19. Bills of Exchange and Promissory Notes ;
20. Weights, Measures and Standards, Dates and Standards of Time ;
21. Meteorology;
22. National Institutions;
23. Customs, Excise and Export Duties ;
24. Intellectual Property Rights ;
25. International, regional and bilateral treaties and conventio ns ;
26. State of Emergency ;
27. International and Inter -State Transport, including roads, airports, waterways, river ports
and railways ;
28. National Museums and National Heritage Sites ;
29. The management of the Nile Waters, trans -boundary waters, national rivers and l akes ;
30. Elections and referenda at all levels of Government ;
31. Regulation of Political Parties;
32. Security and military forces;
33. Borrowing;
34. National Planning;
35. Appointments and emoluments of national constitutional post holders;
36. The determination of salary stru cture and allowances for public sector employees
including the fixing of the minimum wage for both the public and private sectors;

37. Regulation of National Civil Service;
38. Development of financial resources for the National Government;
39. The co -ordination of se rvices or the establishment of minimum national standards or
uniform norms in respect of any matter or service referred to in Schedule B or Schedule
C, read together with Schedule D, with the exception of Item 1 of Schedule B;
40. National taxation and revenue ;
41. National budgets;
42. National public utilities;
43. National flag, emblem, anthem, coat of arms and medals ;
44. National reconstruction and development;
45. Telecommunications, and national information, publications and mass media;
46. Rehabilitation of and benefits to disabled war veterans, orphans, widows and care for the
dependents of deceased war fallen heroes and heroines;
47. Any matter relating to an item referred to in Schedule C that cannot be dealt with
effectively by a single state and requires National legislati on or intervention;
48. National census, surveys and statistics;
49. National i dentity cards and any other appropriate documentation;
50. Traffic regulations;
51. Non -governmental, civil society, and faith based organizations;
52. Incorporation of companies and registration of business names;
53. National Public Holidays;
54. National Capital territory;
55. Names of states, state capital towns and state boundaries;
56. Regulation of professional associations and trade unions;
57. Licensing of Firearms; and
58. Any other function as may be authorized by this Constitution and the law.
Schedule (B)
Powers of States
The exclusive executive and legislative powers of a state shall be as follows:
1. Adoption or amendment of the state constitution subject to conformity with the National
Constitution;
2. State Police, Prisons, Wildlife, Fire Brigade Services;
3. Local Government;
4. State information, publications and mass media;
5. Social Welfare including state pensions;
6. The state Civil Service;
7. State Land and state Natural Resources;
8. Cultural matters within the state;
9. Regulation of religious matters;
10. Internal and external borrowing of money on the sole credit of the state within the
National macro -economic framework;
11. The management, lease and utilization of lands belonging to the sta te;

12. The establishment, maintenance and management of state prisons and reformatories;
13. Establishment, regulation, and provision of health care, including hospitals and other
health facilities;
14. Regulation of businesses, trade licenses, working co nditions, hours, and holidays within
the state;
15. Local works and undertakings;
16. Registration of marriage, divorce, inheritance, birth, death, adoption and affiliations;
17. Enforcement of National and state laws;
18. The development, conservation and management of state natural resources and state
forestry resources;
19. Pre -school, primary and secondary education;
20. Agriculture within the state;
21. Airstrips other than international and national airports managed by the civil aviation
authority;
22 . Intrastate public transport and roads;
23. Population policy and family planning;
24. Pollution control;
25. State statistics, and state surveys;
26. Charities and endowment;
27. Quarrying;
28. Town and rural planning;
29. State cultural and heritage sit es, libraries, museums and other historical sites;
30. Traditional Authority and customary law;
31. State finances;
32. State irrigation and embankments;
33. State budgets;
34. State archives, antiquities and monuments;
35. State taxes;
36. State public ut ilities;
37. Vehicle licensing;
38. Fire control and ambulance services;
39. Recreation and sport within the state;
40. Flag and emblem of the state;
41. Issuance of driving licenses and number plates ; and
42. Customary law courts.
Schedule (C)
Concur rent Powers
The National and state governments shall have legi slative and executive competenc es on any
of the matters listed below:
1. Economic and Social Development;
2. Tertiary education and scientific research;
3. Health policy;

4. Urban developm ent, planning and housing;
5. Trade, commerce, industry and industrial development;
6. Delivery of public services;
7. Banking and insurance;
8. Bankruptcy and insolvency;
9. Manufacturing licenses;
10. River transport;
11. Disaster preparedness, man agement and relief and epidemics control;
12. Electricity generation and water and waste management;
13. Information, Publications, Media and Broadcasting;
14. Environmental management, conservation and protection;
15. Relief, Repatriation, Resettlemen t, Rehabilitation and Reconstruction;
16. Subject to regulation by and approval of the National Government, the initiation,
negotiation and conclusion of Bilateral and Regional Agreements on culture, sports,
trade, investment, credit, loans, grants and te chnical assistance with foreign governments
and foreign non -governmental organizations;
17. Financial and economic policies and planning;
18. Empowerment of women;
19. Gender policy;
20. Pastures, veterinary services, and animal and livestock disease control;
21. Consumer safety and protection;
22. Residual powers, subject to Schedule D;
23. Mother, Childcare and protection;
24. Water Resources other than interstate waters;
25. Matters relating to taxation, royalties and economic planning;
26. Human and animal drug quality control;
27. Regulation of land tenure, usage and exercise of rights in land;
28. Matters relating to businesses, trade licenses and conditions of operation;
29. Natural resources and forestry;
30. Fire control and ambulanc e services;
31. Prisons and reformatories;
32. Firearms control; and
33. Recreation and sports.
Schedule (D)
Residual Powers
Residual powers shall be dealt with according to their nature. If the power pertains to a
national matter, requires a national s tandard, or is a matter which cannot be regulated by a
single state, it shall be exercised by the National Government. If the power pertains to a matter
that is usually exercised by the state or local government, it shall be exercised by the state or
local government.

Schedule (E)
Resolution of Conflicts in Respect of Concurrent Powers
If there is a contradiction between the provisions of National law and a state law on the
matters that are concurrent, the National law shall prevail to the extent of th e contradiction.

Assent of the President of the Government of Southern Sudan
In accordance with the provision of Article 85 (1) of the Interim Constitution of
Southern Sudan, 2005, I, Gen. Salva Kiir Mayardit, Pre sident of the Government
of So uthern Sudan, hereby Assent to T he Transitional Constitution of the
Republic of South Sudan, 2011 and sign it into law.
Signed under my hand in Juba, this —————– day of the month of ———–
—- in the year 201 1.
Gen. Salva Kiir Mayardit
President
Government of Southern Sudan
GoSS/ Juba.

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