Subject: Statement Condemning the Proposal to Amend the R-ARCSS Instead of the Transitional Constitution.
After critically following the news on posted on different media outlets, that (South-sudan-parties-to-amend-2018-peace-deal-official), I express my strong concern and unequivocal opposition to the emerging plan to amend the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) as a shortcut to facilitate the holding of elections, rather than undertaking the necessary and lawful amendments to the Transitional Constitution.
This approach undermines the supremacy of the constitution as the highest law of the land and sets a dangerous precedent where a political agreement is elevated above the constitutional order.
Elections derive their legitimacy from the constitution, not from peace agreements or political compromises, however important those agreements may be Amending the R-ARCSS in place of the Transitional Constitution weakens the rule of law, erodes constitutionalism, and risks creating legal ambiguity that could delegitimize any future electoral outcome.
It signals a troubling willingness to prioritize political convenience over legal clarity, institutional integrity, and democratic principles. And this must be blessed by a nation wide public consultation which must be financed by the R-TGONU.
I believe that credible, free, and fair elections can only take place on the firm foundation of constitutional legality. Any reforms required to enable elections must therefore be carried out through transparent, inclusive, and constitutionally mandated processes, rather there through ad-hoc political revisions of the peace agreement.
I call on the transitional authorities, political parties, and guarantors of the peace process to respect constitutional supremacy, uphold the rule of law, and ensure that all electoral preparations are grounded in lawful constitutional amendments, not in unilateral political deals.
The people of South Sudan deserve elections that are legitimate, lawful, and credible not processes built on shortcuts that risk further instability and loss of public trust.
GOD BLESS OUR COUNTRY SOUTH SUDAN
This open letter was written by Mutto Emmanuel, a civil society and human rights activist. The views expressed are solely his and do not represent those of Standard Zone News. He can be reached at: mutto.johnemm@gmail.com
