The National Legislature

There shall be established a National Legislature composed of the following: (a) the National Legislative Assembly, and (b) the Council of States.

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.

Vote count shall be separate for each House and governed by the quorum specified in this Constitution.

Each House shall sit separately to conduct its business as prescribed in this Constitution.

The National Legislature, as well as each of its Houses, shall make its own Conduct of Business Regulations. Competences of the National Legislature

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.

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.

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; (g) approve declaration of war; (h) confirm declaration of a state of emergency or termination thereof; and (i) perform any other function determined by this Constitution or the law.

The National Legislature shall exercise its legislative powers through bills in accordance with this Constitution.

The National Legislative Assembly shall consist of: (a) all members of the Southern Sudan Legislative Assembly; and (b) all South Sudanese who were members of the National Assembly of the Republic of Sudan, by virtue of their membership in that Assembly.

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 have the right to vote.

The National Legislative Assembly shall exercise the following 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) approve appointments as required by this Constitution or the law; (i) cast a vote of no confidence against the Vice President and 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.

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) twenty representatives appointed by the President.

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, (b) issue resolutions and directives that may guide all levels of government in accordance with the provisions of Articles 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 displaced 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 related to the states; (f) legislate for the promotion of 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.

While sitting separately to transact business that falls within its competence, each House shall observe the following rules: (a) any bill on a matter falling within the competence 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 the 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 seized, until it is finally referred to it.

The National Legislature and each of its two Houses shall convene its sessions at its seat in the National Capital, Juba.

Notwithstanding sub-Article (1) above, the two Speakers may convene a sitting of the National Legislature elsewhere inside South Sudan.

Notwithstanding sub-Article (1) above, the Speaker may call the National Legislative Assembly to convene in any other location in South Sudan.

Notwithstanding 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.

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.

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.

Membership of the National Legislative Assembly shall not be combined with representation at the Council of States.

Membership in the Council of States shall not be combined with membership in the Council of Ministers.

Membership of the National Legislative Assembly or the Council of States shall be lost by a resolution passed by the appropriate House 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) absence 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 whose 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.

Upon vacation of the seat of a member of the National Legislative Assembly or the Council of States his or her seat shall be filled in accordance with the provisions of Article 64 herein.

When a vacancy occurs in respect of any seat in the National Legislative Assembly or the Council of States, the Speaker of the appropriate House shall, in writing, notify the National Elections Commission within ten days from the occurrence of that vacancy.

A by-election to fill the vacancy shall be held by the National Elections Commission within sixty days following occurrence of the vacancy.

Notwithstanding sub-Articles (1) and (2) above, if a vacancy occurs in respect of any seat in the National Legislative Assembly or the Council of States before the expiry of one year from the beginning of the Transitional Period: (a) the Speaker of the appropriate House shall, in writing, notify the President within ten days from the occurrence of that vacancy; (b) the President shall appoint the successor to the seat within sixty days following the occurrence of the vacancy after consultation with the relevant constituencies, political parties and state legislatures concerned, as the case may be.

No by-election to fill a vacancy shall be held within the three months prior to the next general elections.

To assume his or her functions, every member of the National Legislative 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 true 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 Legislative Assembly/Council of States and serve the people of the Republic of South Sudan to the best of my ability, so help me God.”

The term of the National Legislature shall be four years from July 9, 2011.

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 the police may arrest without warrant.

In case a member is charged with a serious crime, the appropriate House may waive the immunity of the member concerned.

The National Legislature shall hold its first sitting upon convocation by the President within fifteen days following the reconstitution of the Southern Sudan Legislative Assembly and the establishment of the Council of States in accordance with the provisions of Articles 56 (1) and 58 of this Constitution.

The first sitting of each House shall be chaired by the eldest of the members present.

Without prejudice to Article 101 (g) herein, each House shall determine the dates of commencement and closure of its sessions.

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.

The National Legislative Assembly shall elect a Speaker and two Deputies from among its members at the first sitting.

The Council of States shall elect a Speaker and one Deputy from among its members at the first sitting.

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.

Each House shall elect chairpersons and deputy chairpersons of the specialized committees and members of ad hoc committees as may be determined by its Conduct of Business Regulations.

The Speaker of each House shall appoint a Clerk for the respective House in accordance with the Conduct of Business Regulations.

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.

Each House shall consider broad inclusiveness in the election and apportionment of its officers and staff.

Members of the National Legislature shall be paid emoluments and provided with facilities as determined by law.

A member of the National Legislature, other than the Speakers, Deputies, Minority Leaders, Chairpersons and Deputy Chairpersons 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.

The largest party or coalition of parties in each House, not forming the government, shall elect from among its members the Minority Leader.

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.

The Conduct of Business Regulations of each House shall provide for the effective participation of the Minority Leaders in their respective Houses.

Each House shall have standing specialized committees and may establish ad hoc committees for the efficient discharge of its functions.

The functions of the standing and ad hoc committees of each House shall be determined by its Conduct of Business Regulations.

The two Houses may form inter-House standing or ad hoc committees for specific matters that are of concern to the two Houses.

Each House of the National Legislature shall make regulations for the conduct of its business.

The Speaker of each House shall ensure that the Conduct of Business Regulations of the House are respected and enforced.

The National Legislature shall make regulations for the conduct of its business.

The quorum for ordinary sittings of the National 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.

Except as otherwise provided for in this Constitution, the decisions 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.

The quorum for the sittings of the Council of States shall be more than half of its representatives.

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.

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.

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.

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 other business. The President may also request the opinion of the National Legislature or either of its two Houses on any subject matter.

The Vice President may request to address the National Legislative Assembly or the Council of States. The concerned House shall provide an opportunity for hearing such address as promptly as possible.

A Minister of the National Government may request to deliver a statement before the National Legislative Assembly or the Council of States.

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 explanation.

A Governor may request to make a statement before the Council of States.

Members of the National Legislative Assembly or the Council of States may, in either House, within the competence 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 House with a prompt reply.

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.

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.

Inquiry on any matter that falls within the direct responsibility of the National Government may only be made after notifying the President.

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) above commits an offence punishable by law.

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 competences.

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 competence of that House.

A private member bill shall not be tabled before the appropriate House save after having been referred to the appropriate committee to determine whether it involves an important issue of public interest.

The Inter-House Committee of the National Legislature may present a bill before either House of the National Legislature subject to their respective competences.

Bills presented to either House of the National Legislature shall be submitted for 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 and 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 passed as a whole.

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 report 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.

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 impact and propriety of the bill.

The House concerned may, by a special resolution, decide on any bill as a general committee or by summary proceedings.

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.

If the President withholds assent to the bill and give reasons within the aforementioned thirty days, the bill shall be re-introduced to the National Legislature to consider the observations of the President.

The bill shall become law if the National Legislature again passes it by a twothirds majority of all members and representatives of the two Houses, and the assent of the President shall not be required for that bill to come into force.

In case the National Legislature is not in session, the President may, on an urgent matter, issue a provisional order having the force of law.

The provisional order shall be submitted to the appropriate House of the National Legislature as soon as it is convened.

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.

A bill on the same subject matter may again be re-introduced before the National Legislature and be considered under the normal procedure for consideration of bills.

Notwithstanding sub-Article (1) above, the President shall not make any provisional order on matters affecting the Bill of Rights, the decentralized system of government, general elections, annual allocation of resources and financial revenue, penal legislation or alteration of administrative boundaries of the states.

Any law which was repealed or amended pursuant to a provisional order that later lapsed, shall revive into force as it is, starting from the date when the provisional order lapsed.

The National Legislative Assembly may delegate to the President the power to approve bilateral international and regional agreements while 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.

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 Constitution. The National Legislative Assembly shall convene to approve, modify or reject that bill.

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

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) explanations 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.

The President shall cause to be submitted to the National 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.

The National Legislative Assembly 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.

Where the bill is passed, detailed estimates as specified in the general budget shall not be exceeded save by a supplementary law.

Surplus funds over revenue estimates and funds out of the legal reserve shall not be spent save by a supplementary appropriation law.

After the passing of the budget, no funds 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.

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 provisions of this Constitution.

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.

The Minister of Finance and Economic Planning, 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.

A bill or an amendment shall not be deemed to have such object or effect by reason that it includes provisions for the imposition of fines or other pecuniary penalties or the payment of fees for services rendered.

Notwithstanding the provisions of Article 86 (5) herein, the President may in the public 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.

When 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.

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.

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.

Without prejudice to the provisions of Article 88 (5) herein, the following 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 Government 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 effect; and (g) any other expenses as shall be regulated by law.

The President shall cause to be presented to the National Legislative Assembly during the six months following the end of the financial year, the final accounts for all revenue and expenditure as are set forth in that year, as well as expenditure withdrawn from the reserve funds; the Auditor General shall in accordance with Article 185 (8) herein present his or her report on such accounts to the National Legislative Assembly.

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 that House in accordance with the provisions of its regulations.

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.

The Southern Sudan Legislative Assembly shall adopt and pass the Transitional Constitution of the Republic of South Sudan, 2011.

The Southern Sudan Legislative Assembly shall be reconstituted as the National Legislative Assembly by the President in accordance with Article 56 (1) of this Constitution.

The President shall appoint the representatives to the Council of States in accordance with the provisions of Article 58 of this Constitution.