Constitutional Provisions

Article 1

(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 where 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.

Article 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.

Article 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 specified reasons and in accordance with procedures prescribed by law.

Article 36

(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 promote 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)  mobilize 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.

Article 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.

Article 43

Foreign policy of the Republic of South Sudan shall serve the national interest and shall be conducted independently and transparently with the view 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, respect 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 plans;

c) enhancement of respect for human rights and fundamental freedoms regionally and internationally;

d) promotion of dialogue among civilizations and establishment of international order based on justice and common human destiny;

e) respect for international 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 region;

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.

Article 46

Duties of the Citizen.

(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, harmony, unity, fraternity and tolerance among all people of South Sudan in order to transcend ethnic, religious, geographical and political divisions;

(f)  (g) abide by the law and co-operate with the appropriate agencies in the maintenance of law and order;

(j)  promote democracy, good governance and the rule of law.

Article 53

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.

Article 55

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 the Constitution;

(e)  reconsider a bill which has been rejected by the President under Article 85 (2);

(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.

Article 57.

The National Legislative Assembly shall exercise the following powers and functions:

(a)  oversee the performance of the National Government institutions;

(b)  approve 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 confidence 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.

Article 59

The Council of States shall be competent to:

(a)  initiate legislation on the decentralized system of government and other issues of interest to the states and pass such legislation with two-thirds majority of all representatives;

(d)  monitor the repatriation, relief, resettlement, rehabilitation, reintegration of returnees and internally displaced persons, and reconstruction of disaster and conflict affected areas;

(f)  legislate for the promotion of a culture of peace, reconciliation and communal harmony among all the people of the states.

Article 97

(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 the 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 Arbitration 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 enjoy South Sudanese citizenship and nationality and all rights and freedoms guaranteed by the Constitution.

(b) Without prejudice to any alternative solution that may be agreed upon by the two governments of South Sudan and of the Sudan 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 accordance 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.

Article 101

The President shall perform the following functions:

(a)  preserve the security of South Sudan and protect 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)  preside 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 the Constitution and the 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)  declare 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 international agreements with the approval of the National Legislative Assembly;

(q)  seek the opinion of the Supreme Court on any matter in connection with the 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 Legislative 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 prescribed by law.

Article 104

(1) The Vice President shall be appointed by the President subject to approval 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 the Vice President falls vacant for any reason, the President shall appoint a replacement.

Article 105

The Vice President shall perform the following functions:

(a)  act for the President in his or her 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.