Transitional Provisions and the Permanent Constitution Process

Upon the Declaration of Independence 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) reconstitute the Southern Sudan Legislative Assembly into the National Legislative Assembly in accordance with Article 94 (2) of this Constitution; (d) establish the Council of States in accordance with the provisions of Article 94 (3) of this Constitution; and (e) convene the National Legislature in accordance with the provisions of Article 68 (1) of this Constitution.

This Constitution shall remain in force until the adoption of a permanent constitution.

The President of the Republic shall, after consultation with the Political Parties, civil society and other stake-holders, establish a National Constitutional Review Commission to review the Transitional Constitution of South Sudan, 2011.

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 Commission shall have the requisite competence and technical expertise and experience to contribute to fulfilling the mandate of the Commission.

The Commission shall review the Transitional Constitution and collect views and suggestions from all the stakeholders regarding any changes that may need to be introduced to the current constitutional system of governance.

The Commission shall be assisted by experts.

The Commission shall conduct nation-wide public information programme and civic education on constitutional issues.

The Commission shall adopt its own Rules of Procedures and shall aim to take decisions by consensus and when not possible shall take decisions by two-thirds majority of all its members.

The Commission shall adopt and present the Draft Constitutional Text and an Explanatory Report to the President.

The President shall review the Draft Constitutional Text and the Explanatory Report and return it to the Commission with comments.

Upon review of the comments of the President, the Commission may consider additional changes and then present a Draft Constitutional Text and Explanatory Report to the Constitutional Conference for deliberation and approval.

The Draft Constitutional Text and Explanatory Report submitted to the Constitutional Conference by the Commission shall also be made available to the public through appropriate channels.

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 the 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 war wounded; (i) business leaders; (j) trade unions; (k) professional associations; (l) the academia; and (m) other categories to be determined.

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.

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 proceedings which shall be conducted in a transparent manner and open to the media; and (d) approve and pass the Draft Constitutional Text by two-thirds majority of all the delegates.

The Chairperson of the Commission shall be the Chairperson of the National Constitutional Conference. The Secretariat of the Commission shall serve as the Secretariat of the Conference.

The National Constitutional Conference shall commence its work as soon as it receives the Draft Constitutional Text and the Explanatory Report from the Commission.

The National Constitutional Conference shall approve the Draft Constitutional Text and the Explanatory Report and the Conference shall thereafter be considered dissolved.

The Chairperson of the Conference shall present the approved Draft Constitutional Text and the Explanatory Report to the President for further action.

The President shall, upon receipt of the Draft Constitutional Text, cause the same to be tabled before the National Legislature, at least three (3) months before the end of the Transitional Period, for deliberation and adoption.

The Speaker of the National Legislature shall thereafter present the adopted Constitution to the President for assent and signature.