The Transitional Constltutlon of South Sudan, 2011

(Amendment) (NO.4) Bill, 2017

A Bill to Amend the Transitional Constitution of South Sudan, 2011 to incorporate

the Agreement all the Resolution ofthe Conflict in South Sudan (Hereinafter referred
to as 'The Peace Agreement') signed in August, 2015.

1. Title and Commencement

This Bill sh~lllbe known as the Transitional Constitution of South Sudan, 20] 1
(Amendment) Bill 2017, and shall come into force on the date of its signature by the
President of the.Republic.

2. Authority

This amendment is in accordance with the provisions set out in Article 199 of the
Transitional Constitution of the Republic of South Sudal1,20 11,and is in furtherance
of Chapter I; Article I J, of the Peace Agreement, which calls for a Constitutional
Amendment Bill to incorporate this Agreement into the Transitional Constitution of
the Republic of South Sudan of 201 1, and Chapter VIII of the Peace Agreement,
which states that this Agreeraent shntl be fully incorporated into the Transitional
Constitution of South Sudan.

This amendment recognizes that the Peace Agreement has been adopted by the
Transitional National Legislature of the Republic of' South Sudanand the National
Liberation Council of the Sudan People's Liberation Movement I Army (1n
Opposition).

3. Amendments. the Transitional Constitution of the Republic of South Sudan, 2011

is hereby amended as follows:

Note:
A. Throughout the proposed amendment text, where appropriate, the word
"Transitional" is inserted as the context requires before the words 'National
Legislative Assembly' or the words 'National Legislature'.

B. The word "Constitution' refers to the Constitution of the Republic of South

Sudan, 2011.

C. The amendment year shall read '2017',

D. Amendment to the preamble ~

a) Delete the word 'Millennium' from paragraph (7} and replace it with the word
'Sustainable' as follows;

Conscious of the need to manage OUt natural resources sustainably and efficiently for
the benefit of the present and future generations and to eradicate poverty and attain the
Sustainable Development Goals;

b) Insert.the following paragraphs immediately after paragraph (6);

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Committed to national reconciliation, accountability, healing and combating impunity

among the highest priorities of the Transitional Government of National Unity;

Cognizant that a Federal system of government .is.a popular demand of the people of
South Sudan and of the need for the Transitional Government of National Unity to
reflect this demand by way of devolution of mare power and resources to lower levels
of government, and. to initiate that a federal and democratic system ·of governance that
reflects the character of South Sudan and ensures unity in diversity be enacted during
the permanent constitution making process;

(c) Modify the final paragraph.of the preamble to read as follows:

Do hereby, through this South Sudan Transitional National Legislature,

amend the Transitional Constitution ofSouth Sudan, 201 1, which shall be
adopted and hereafter referred to as the "Transitional Constitution of the
Republic of South Sudan, 2011 (Amended 2017)," and shall be the
supreme law by which the independent and sovereign South Sudan shall
be governed during the Transitional Period, and undertake to abide by,
respect and defend it.

(2) Part One (South Sudan end the Constitution)

2 The Constitution is amended by deleting Article 3(1) and replacing it with

the following new modified article-

3 (I),
This Constitution derives its authority from the will of the people
and shall be the supreme law of the land. It shall frilly incorporate
and be consistent with the, Peace Agreementand shall have binding
force on all persons, institutions, organs and agencies of
government throughout.the Country;

(3) PaN Three (Fundamental Ghjecttves and Guiding Prtneiplcs]

3 Article 37 of the Constitution is amended in sub-article (1) (b) by deleting

the word 'Millennium' and replacing it with the word 'Sustainable.'

(4)Pa.l't Four (The Transitional Onverument of National Unity)

4 Article 50 of the Constitution is.amended by-

!
i} Clianging its title from 'The National Government' to 'The
Establishment of the Transitional Government of National Unity';
ii) Deleting sub-article (1) and substituting fer it-the following new
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modified sub-article-
(1) There shall be a Transitional Government of National Unity
established in the Republic of South Sudan entrusted with the task of
implementing the Peace Agreement;
itijln snb-article fz) by deletingtlie words 'National Govemment'vand
replacing them with the words "Transitional Government ofNational
Unity';
iv) In sub-article (3) by deleting the words 'National Government' and
replacing them with the words' Transitional Government ofNational
Unity';
v) In.sub-article (4) by deleting the-words 'National Government' and
replacing them with the words 'Transitional Government ofNation III
Unity';
vi) In sub-article (5) by deleting the words 'National Government' and
replacing them with the wordsTransitional Government of National
Unity';

·L2J{ Article 51 ofthe Constitution is amended-

i) by changing its title from' Organs of the
National Government' to' Organs of the Transitional
Government of national Unity';
ii) by deleting the words' National Government'
end.replaoing them with the words 'Transitional
Government of National. Unity' in the provision;

4.4 Article 52 of the Constitution is amended-

i) By changing its heading 11'0111 'Powers and Competencies of the

National Government' to 'Powers and Competencies of the
Transitional Government ofNational Unity';
4.4.1 ii) In the provision by deleting the words 'National Government'
and replacing them with the words "Transitional Government of
National Unity';

4.5 The Constitution is amended by deleting Article 53 and replacing it with

the following modified article-

53. Primary responsibilities of the Transitional Government of

National Unity.

(1) The primary responsibilities. of the Transitional Government

of National Unity shall be.to:

(a) Implement the Peace Agreement and restore peace;

security and stability in the country;
(b) Expedite the relief, protection, voluntary and dignified
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repatnanon, rehabilitation and resettlement of Internally

Displaced Persons and returnees;
(c) Facilitate and oversee a process of national reconciliation
and healing through an independent mechanism in accordance
with the Peace Agreement, including budgetary provisions for
compensation and reparations;
(d) Oversee and ensure the Permanent Constitution-making
process is successfully carried out.
(e) Work closely with the Inter- Governmental Authority on
Development (lGAD) PLUS Member States and Organizations
and othet partners and friends of South Sudan, to consolidate
peace and stability in the country;
(f) Reform public financial management;
(g) Ensure prudent, transparent and accountable management
of national wealth and resources to build the-nation and promote
the welfare of-the people;
(h) Carry out normal functionsof government;
(i) Rehabilitate and ref01111 the civil.service;
G) Implement security sector reforms and security sector
transformation;
(k) Rebuild destroyed physical infrastructure in Conflict-
affected areas and give special attention to prioritizing the
rebuilding oflivelihoods of those affected by the conflict,
(1) Establish a competent and impartial National Elections
Commission to conduct free and fair Elections before the end of
the Transitional Period and ensure that the outcome is broadly
reflective of the will ofthe electorate;
(m) Make all efforts to conduct National Population and
Housing Censuses before the end of the Transitional Period as per
the Peace Agreement; and
(n) Devolve more powers and resources to State and. County
levels;

(2) The Transitional Goveininenr of National Unity shall

discharge its duties and exercise its powers as set forth in this
Constitution, the Peace Agreement and the law;

5 Part Fi vc (The Transitional National Legislature)

5.1 Article 55 is amended in sub-article (3) (1) by inserting the

words 'the First Vice President' between the word 'President'
and the words-Vice President' and';

5.2 The Constitution isainended by rephrasing Article 56 as

follows-

56. (1.) {a) Members of the National Legislative ASSembly shall

be elected through-universal adult suffrage in free and fair
elections and by secret. baJlot;and
(b) The national elections law shall determine the number of
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members and composition of the National Assembly;

(2) Notwithstanding the provisions of sub-article (l)above~

during the transitional period, the Transitional National
Assembly shall consist of:

(a) Members of the National Legislative Assembly at the

time of the crisis in the Republic of South Sudan on 15th
December 2013 consisting-of Bz members.and
b) Additional 68 representatives appointed according to the
criteria and procedures set out in Chapter 1, Article 11.1
of the, Peace Agreement.

(3) Members of the National Legislative Assembly unseated

from the National Legislative Assembly following the crisis in
the Republic ofSouth Sudan on 15 December 20l3, shall be
reinstated to their seats and shall continue to serve for the
duration of the term of the Assembly;

4) The duration and term ofthe Transitional National

Legislative Assembly shall be considered to run concurrently
with that ofthe Transitional Government of National Unity, as
per the terms of the Peace Agreementyuntil such tirneas
elections are held, with the current term and mandate ofthe
incumbent members of the National Assembly extended as per
the Peace Agreement;

5} Members of the Council of Ministers who arc not members of

the Transitional National Legislative Assembly may participate
in the deliberations of the Assembly but shall nor have the right
to vote;

6) The selection of the Speaker ofthe Transitional National

Legislative Assembly, who hails from Equatoria, shall be
conducted once the expansion of the membership of the
Assembly is complete;

5.2 Article 57 of the Constitution is amended by numbering its

existing sole provision-as (1) and inserting the new sub-
article below;

(2) The Transitional National Legislative.Assembly shall, in

the conduct of its business, support the Peace Agreement
and enact legislation that enables and assists the transitional
processes and reforms described in the Peace Agreement;

5.3 Articlc58 is amended by insetting after sub-article (2) the

following new sub-article-
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(2) Members of the Council of States unseated following the

crisis in the Republic of South Sudan on] 5 December 2013~
shall be reinstated to their seats, and shall continue to serve
for the duration of the term of the Transitional Period; uutil
such times as Elections 'are.held.

5.4 Article 63 of the Constitution is amended in sub-article (1)

by inserting the words 'or appointed' between the word
'elected' and the word 'to';

5.5 Article 64 ofthe Constitution.is amended-

i) In its heading to read 'By election or replacement';

ii) By inserting a new sub-article as follows-

(3) Notwithstanding the provisions of sub-Articles (1) and

(2) above, no by-elections to fill a vacancy shall be held
during the Transitional Period, provided that such vacancy
shall be filled through the following procedure:

(a) nomination by the: political party of affiliation of the

member;

(b) in case of a vacancy in the seat of an independent

member, such vacancy shall be filled through consultation
with the members.of the community of the constituency
concernedfacilitated by the National Elections
Commission;

Article 66 of the Constitution IS amended by modifying sub-

article (2) as f6110wsM

(2) Notwithstanding sub-Article (1) above, the; duration .and

term of the Transitional National Legislature shall run
concurrently with that of the Transitional Government of
National Unity, as per the terms of the Peace Agreement, until
such time as elections are held,

5.7 The Constitution is amended by deleting Article 68 and

replacing it with the following modified article..

68. (1) The Transitional National Legislature shall hold its first
sitting upon convocation by the President within 30 days
following the expansion of the National Legislative Assembly
into the Transitional National Legislative Assembly;

(2) (a) The sittings of the Transitional National Legislative

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 Assembly shall be chaired by its Speaker, or in his ot her
absence his or her deputy or in their absence any member
assigned; ,
(b) The first sitting of the Transitional National Legislative
Assembly to select Speaker who hails from Equatoria
shall be chaired by the incumbent Speaker;
(3) Without prejudice to Article 10I(g) of the Constitution and
chapter 1 article 8.3.2 of the Peace Agreement, each House
may convene all emergency or extra-ordinary session on the
request of half of its members or upon a call from the
President with agreement of the First Vice President.

5.8

5.8 AI'ticlc69 of the Constitution is amended by-

1) repluasing sub-article (1) as below,

1) (a) The National Legislative ASSembly shall elect a Speaker

and twa Deputies from among its members during the first
sitting;

(b) Notwithstanding the provisions of sub-article

(1) (a), The expanded Transitional National Legislative
Assembly shall elect its speaker who hails from
Equatoria.during the Transitional period;

(c) The expanded Transitional National Legislative Assembly

shall create vacancies for the members joining it as will be
determined by the Conduct of Business ofthe House;

5.9
Article 70 of the Constitution is amended in-sub-article (2) by
deleting the words 'Minority Leaders';

Article 71 of The Constitution is amended by deleting the entire

article;

S.10. Article 74 ofthe Constitution is amended by deleting sub-

article (2)aJld replacing it with the following new sub-article-

2.
(a) Decisions in the Transitional National Legislative Assembly
on other matters not related to the Peace Agreement shall be by
consensus and in lieu of that by simple majority.
(b) Decisions in-the Transitional National Legislative Assembly
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 on matters pertanung to the Peace Agreement shall be by
consensus and in lieu of that, shall be by two thirds (2/3)
majority of all the members
(c) Except as otherwise provided fat in this Constitution,
decisions of the Transitional National Legislative Assembly
shall be by majority of yates 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.

5.11 ArticJe79 of the Constitution is amended-

i) By rephrasing its heading to read-

'Address by the First Vice President, the Vice

President and Statements by Ministers and Governors'
ii) By rephrasing sub-article (I) to read 'The First Vice
President and the Vice President may request to address
the Transitional National Legislative Assembly or the
Council of States. The concerned House shall provlde
an opportunity for hearing such address as promptly as
possible' ;

5.12 Arfidc860f the Constitution is amended in Sub-

article(1) by inserting the words' in consultation with the First
Vice President' between the-word 'may' and the word 'on';

s.n Article S? of the Constitution is amended in sub-artleler l)

by inserting the words 'with the agreement of the First Vice
President' between the words 'The President' and the word'
'shall';

5.14. Article 88 of the constitution is amended in sub-article (7)

by inserting the words' First Vice President' between the words'
The President' and the word 'shall';

5.15 Article 90 of the Constitution is amended-

a) In Sub-article (1) by inserting the words 'with the

agreement of the First Vice President' between the
words 'the President' and the word 'may';
b) In sub-article (5) by inserting the following new sub-
article immediately after sub-article Igj-

(c) emoluments of the Transitional National Legislature;

5.16 The constitution is amended by deleting Article 94 and

replacing it with the following new article-

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94 (a) The Transitional National Legislative Assembly shall

adopt and pass the Transitional Constitution of-the Republic-of
South Sudan,.20 II (amended) 2017; The President shall appoint
68 additional.new.members.to the expanded Transitional
National Legislative Assembly in accordance with article 56(1)
of this Constitution and Chapter 1 Art.JI.! of the Peace
Agreement.

6.0 Article, 95 is amended by inserting-the words 'First Vice

President' between the wards 'the President' and the word 'Vice
President';

5.18. Article 96i5 amended by inserting the words 'the Peace

Agreement' between the word 'Constitution' and the word
'and';

5.19. Article 97 of the Constitution is amended by-

i) deiefing sub-articlef l ) and replacing it with the
following newsub-article-
(l) The incumbent President of the Republic shall
setve.as President and Executive He-ad ofState
for the Transitional Period.
ji) deleting sub-article (2);
iii) renurnberiug sub-article (3) as sub-artlcletz) and
inserting the words 'and the Peace Agreement' after
the word 'Constitution';
iv) renumbering.sub-article fd) as sub-article/f); and
renumbering sub-article (5) as sub-article (4)

520 Article 100 of the Constitution is amended by deleting sub-

article (2) and replacing it with the following new sub-article-

(2) Notwithstanding sub-article (1) above, during the

transitional period, the tenure of the office of the
President of the Republic of South Sudan shall be
thirty (30) months commencing from the date of
establishment of the Transitional Government of
National Unity and until such time as elections are
held,

5.21 Article 101 of the Constitution is amended by

restating the functions of the President, in conformity with the
Peace Agreement, as below-

a) preserve the security of South Sudan and

protect.its territorial integrity;
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 b) supervise constitutional and executive
institutions and provide exemplary
leadership in public affairs
(c) appoint constitutional andjudicial post
holders in accordance with this
Constitution 'and the law;
(d) chair the National Council of-Ministers;
(e) convene, summon, adjourn or prorogue
the Transitional National Legislature in
consultation with the Speaker;
( f) confirm death sentences, grant pardons,
and remit convictions or penalties
according to this Constitution and the
law;
( g) confer honours;
(II) generally represent the Government and
the people ofSouth Sudan;
(i) represent the State in its foreign relations,
appoint ambassadors of the State and
accept credentials of foreign
ambassadors;
UJ direct and supervise foreign policy and
ratify treaties and international
agreements with the approval of the
Transitional National Legislative
Assembly;
(k) seek the opinion of the Supreme Court on
any matter in connection with this
Constitution;
(1) serve as Commander-In-Chief of the
SPLA
(m) appoint and preside over the sweating
into Office of the First Vice President,
Vice President, Ministers and Deputy
Ministers, in accordance with the
terms .ofthe Peace Agreement;
(n) appoint Undersecretaries of the
Miuistries in consultation with the
First Vice President
(0) chair the National Security Council;

(p) chair the National Defelice Council

(q) cause the preparation ofthe annual

budget. of the Transitional Government
of'Narional Unity by the
Minister of Finance and planning to be
presented to the Council of Ministers
and the Transitional National
Leglslarive Assembly;
(1') chair the Economic and Financial
Management Authority Board;
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 (s) During emergencies, initiate the
convening of the Transitional
Transitional National Legislature in
consultation with the Speaker and in
accordance with this Constitution and
the law;
(t) assent to and sign into law bills passed
by the Transitional National Legislature;
(11) preside over the swearing into office of
heads of Independent Institutions,
Commissions and Parasratals.ns per
the Peace Agreement;

(v) present annual address on the state of the

nation; and
(w) appoint presidential advisors
(x) perform any other function as may be
prescribed by law.

5.22 Article 1.02 of the Constitution is amended by deleting

sub - article (2) and replacing it with the following new sub-
article:

(1) (a) In the event that the post of the President falls
vacant during the Transition Period, for any
reason, including mental infirmity or physical
incapacity of the office holder, the replacement
shall be nominated by the top leadership body of
the respective Party as at the.signing of the Peace
Agreement. Such a process of replacement shall
not exceedtwenty-foul' (24) hours:

(2) (b) After unification of the ruling party, in the

event that the post of the President falls vacant during
the Transition Period, for any reason; including mental
infirmity or physical incapacity of the officeholder,
the replacement shall be nominated by the unified
ruling Party. Such a process of replacement shall not
exceed twenty-four (24) hours;

5. 23 The Constitution is amended by inserting after

Article 103 the following new articles-

103A. Establishment and vacancy of office of the First Vice

President

The Constitution is amended by inserting after Article 103 the

following new .articles;

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 For the duration of the Transition, there shall be established the
Office of the First Vice President of the Republic of South
Sudan to supervise the implementation of the reforms outlined
in the Peace Agreement.and exercise the powers, functions and
responsibilities outlined in Article 103B,belbW~

The Office of the First Vice President shall cease to exist at the
conclusion of the Transition Period unless otherwise decided in
the permanent Constitution;

l03B. Powers, Functions and Responsibilities of the First

Vice -President

The Powers, Functions and Responsibilities of the First Vice

President shall be to:
(1) Coordinate the implementation of this Agreement and
initiate institutional refonns as prescribed in this Agreement;
(2) Serve as Commander-ill-Chief of the SPLMlA (10) forces
until the establishment of the shared unified command of the
Armed Forces:
(3) Serve as the Acting Commander-in-Chief of the unified
armed forces in the event of any temporary absence of the
President after the unification of-the forces;
(4) Chair the cabinet clusters;
(5) Serve as Deputy Chair of Economic and Financial
Management Authority Board;
(6) Serve as Deputy Chair of the National Security Council;
(7) Serve as Deputy Chair of the National Defence Council;
(8) Oversee the preparation and consideration of Transitional
Government of National Unity business and programmes;
(9) Follow up and ensure the implementation of Council of
Ministers' decisions with the re:levantMinistties and
institutions;
(10) Oversee implenlcntationof laws passed by the
Transitional National Legislative Assembly;
(11) In the absence ofthe President, the First Vice President
shall chair the Council of Ministers;
(12) Carry ant other functions as may be prescribed by law.

103C. Vacancy of the Post of the Office of the First Vice

President

(a) In the event that the post of the First Vice President falls
vacant during the Transitional Period, for any reason; including
mental infirmity or physical incapacity of the office holder, his
replacement shall be nominated by the top leadership body of
the SPLM/SPLA (10) as at the signing of the Peace Agreement.
Such a process of replacement: shall 110t exceed forty- eight (48)
hours. The successor as the First Vice President shall serve in
Office until the end of the Transitional Period; and
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 (b) After unification of the ruling party, in the event that the
post of the First Vice President falls vacant during the
Transitional Period, for any reason, including mental infirmity
or physical incapacity of the officeholder, the replacement shall
be nominated by the unified ruling Party, Such a process of
nomination shall not exceed forty-eight (48) hours. The
SUccessor as the First Vice President shall serve in Office until
the encl of the Transitional Period;
(c) In the event oftemporary absence of'the First Vice President,
the First Vice President may delegate.a seriior SPLM/SPLA (10)
Minister to carry out 'functions and duties as stipulated in the
Agreement.

5.24 Article 104 of the: Constitution is amended by-

i) Deleting sub-article (l)and replacing it with the

following modified new article-

(1)(a) The incumbent Vice President of the Republic of

South Sudan shall Serve as Vice President for the
Transitional Period;
ii) deleting sub-article (2);
iiijrenumbering sub-atticle (3) as sub-article (2);
renumbering sub-article '(4) as-sub-article (3);

6.7.1.3 Article 105 ofthe Constitution is amended by

deleting sub-articles (a), (b), (c) (d) and replacing them with new
sub-articles as below-
(1) Oversee the work ofthe National Commissions
and Parastatals;
(2) Serve as a member of the National Security
Council.and the National Defence Council;
(3) Serve as Acting Commander in Chiefofthe
National Defence Forces ofSouth Sudanin the event of
any temporary absence of the President before the
unification of the two forces; and
(4) Perform any other function or duty that may be
assigned by the President, including the chairing of ad-
hoc sub-committees of the Council of Ministers, as long
assuch assigned functions or duties do not conflict with
the powers and responsibilities of the First.Vice
President.

6.7,1.4 The Constitution is amended by-

a) Deleting Article 106 and replacing it with the following

modified article-
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 106. In the event that the post of Vice President falls Vacant
during the Transition Period f01' any reason, the President shall
appoint a replacement, as per the terms of this Constitution. Such
a process of replacement shall not exceed forty-eight (48) hours.
The appointment of a replacement of the Vice President shall be
endorsed by the Transitional National.Legislative.Assembly;

b) inserting after the modified Article 106 the following new

articles with the following'-

106 A. Powers, Functions and Responsibilities to be Exercised

by the President, the First Vice President and the Vice
President through Consultation and Mutual Agreement.

The Transitional Government of National Unity is founded on the

premise that there shall be collegial decision-making and
continuous consultation between the President, the First Vice
President and the Vice President, in order to ensure effective
governance during the Transitional Period.

Powers exercised by the President in consultation with the First

Vice President in order to reach at mutual understanding and
agreement in accordance with the Peace-Agreement and the law:

(l) The nomination and appointment of Constitutional office

hold-ers including state.governors;
(2) Commissioning, appointment, promotion, retirement and
dismissal of officers of the National Defense Forces of
South SUdatland other organized forces with the approval
of the National Defence Council (or National Security
Council, as appropriate;
(3) The nomination and appointment of the members of
independent Commissions, interim and ad hoc
Commissions and Committees;
(4) The following powers; functions and responsibilities shall
be initiated by the President, in accordance with this
Constitution and shall require the agreement of the First
Vice President and the Vice President:
(a)Declaration and termination of state of emergency;
(b) Declaration of war;
(c) The following powers, functions and responsibilities may be
initiated by either the President or the First Vice President, and
shall require the agreement of the other:
i) Initiation of Constitutional amendments, except as
provided for in Chapter 1, Article 13, of the Peace
Agreement;
ii) Convening, summoning and/or adjourning the
Transitional National Assembly for ordinary sessions, in
consultation with the Speaker of the Transitional National
Assembly;
(iii) Initiation oflegislation;
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 106 B. The President and the First Vice President

(1) The President and the First Vice President shall seek to reach
agreement all matters of Executive Administration and where
appropriate involve the Vice President;
(2) The President: and the First Vice President shall consult
regularly in the exercise of-their functions. Consultations may
be made through different means but all-shall be officially
recorded in writing, to preclude misunderstanding and any
conflict. The President and the First Vice President may
include the Vice President in such consultations when the
President and the First Vice President agree to do so;
(3) In the event of a deadlock in the exercise of joint Executive
powers listed below, the matter shall be decided by the
Council of Ministers, which shall require the agreement of
two-thirds of the members of the Council of Ministers (67%),
with a quorum of at least twenty-three (23) of the Members of
the Council of Ministers present. The decision of the Council
of Ministers shall be filial:
(a) In the appointment of Constitutional office holders,
including State Governors;
(b) In the appointment and establishment of independent
Commissions, interim and ad hoc Commissions mid
committees as indicated in Chapter T, Article SvlB, of
the Peace Agreement;

(-U:; Article 108 of'tbeConstitution is amended by-

a) deleting-sub-article (2) and replacing it with the following

modified
new-sub-article-
(2) The Transitional National Council of Ministers shall be
composed of the President, the First Vice President, the
Vice President and the Ministers;
b) deleting sub-article (3) and replacing it with the following
new sub-
article -
(3) In accordance with the Constitutional provisions providing for
the participation of women in the Executive (25%), including
Article 16 (4) and Article 108 (3), all stakeholders of the
'Transitional Government of National Unity shall nominate no
fewer than the percentage of women prescribed in those
provisions, Parties shall. give due consideration to national
diversity.dncluding regional representation, In appointing their
nominees;

c) inserting a new sub-article immediately after sub-article (3)

as below..
The Transifiunul COllstitlltioll orSolllhSul!,l'l, 2011 ('\JlIe'ulmc,illlJillill.17 Page-Tc-
 (4) The Council of Ministers shall comprise thirty (30)
Ministries, organised in three (3) Sectoral clusters. No other
Ministries shall be created during the Transitional Period. The
Ministries of the Transitional Government of National Unity
shall be as follows:
a. Governance Cluster, ten (10) Ministries: Cabinet Affairs;
Foreign Affairs and International Cooperation; Defence and
Veterans' Affairs; Interior; Justice and Constitutional Affairs;
National Security; Parliamentary Affairs; Information,
Communication Technology and Postal Services; Ministry of
Federal Affairs; Minister in-the Office of the President;
b. Economic Cluster, thirteen (13) Ministries: Finance and
Planning; Petroleum; Mining; Agriculture and Food Security;
Livestock and Fisheries; Trade and Industry; Energy and
Dams; Transport; Roads and Bridges; Environment and
Forestry; Land, Housing and Urban Development; Water
Resources and Irrigation, Wildlife Conservation and Tourism.
Service Delivery Cluster; seven (7) Ministries: Higher
Education, Science and Technology; General Education and
Instruction; Health; Labour; Public Service and Human Resource
Development; Gender, Child and Social Welfare; Culture, Youth,
and Sports: Humanitarian Affairs and DisasterManagement;

6.8.1 d) inserting a new sub-article immediately after sub-article (4)

as follows-

(5) The power-sharing formula that shall apply to the Council of

Ministers and any other institution reconstituted by the Peace
Agreement shaJl be as follows, unless otherwise specified in
the Peace Agreement:
a. Government of the Republic of South Sudan: fifty-three (53)
percent of Ministerial portfolios (16 Ministers);
b. South Sudan Armed Opposition: thirty-three (33) per cent of
'Ministerial portfolios (10 Ministers);
c. FortnerDetainees: seven(7) per cent of Ministerial portfolios
(2 Ministers); Other Political Patties: seven (7) per cent of
Ministerial portfolios;

()JL:! ArticIel09 ofthe Constitution is amended-

a) in sub-article (2) by inserting the words 'First Vice

President' between the words 'President' and the word 'by';
b) by inserting anew sub-article tslj immediately after sub-article
(3) as below-

(4) The Council of Ministers shall take decisions as follows:

(a) In the absence of consensus, on procedural and

routine matters, decisionscshall require a simple
maj ority of the members present;
'TIY m="==
Tho Tnimilion:ll Ccnsurutlon OfSOlllIlSllt!;I11, 21)11 (I\imndn;clli) Bi1l20.J7 Page -15~.
 (b) In the absence of consensus, on substantive matters,
decisions shall require the agreement of two thirds
(67%) of the members present;
(c) Twenty-three (23) members of the Council shall
constitute a quorum of the Council of Ministers;

6.13.5 Article 110 ofthe Constitution is amended by modifying and

restating the functions of the Council of Ministers as
below-

110. Functions. offheTransitional National Council of Ministers

The Transitional National COlU1Cil of Ministers shall have the

following functions:
(a)ensure the implementation.of thePeace Agreement, relevant
programs and processes, and national reforms, and lead the
Transitional Government ofNational Unity in a manner
consistent with peace, inclusive governance,and
reconciliation;
(b) prepare, initiate and implement legislation, national
budget and resolutions of the Transitional National
Legislature, Transitional.National Legislative Assembly and
the Council of States;
(cjdevelop Govcrnrnent policies and programs-at. the national
level, and where applicable to sub-national levels;
(d) manage and allocate resources-to support the
implementation of these policies and programs, within-the
framework of the approved national-budget of the Transitional
Government of National Unity;
(ejsupervise and co-ordinate the functioning of Government
departments and administration, and ensure that State organs
have sufficient financial and other resources and operational
capacity to carry out their functions;
(f)conduct general planning and administration of South Sudan;
(g) ensure approval of the general policies initiated by the
respective ministries;
(h) initiate. negotiate and conclude international; regional,
bilateral, and multilateral agreements;
(i} receive reports from Governors about executive performance
of states for information and coordination with the respective
states;
(j) receive reports on matters that arc concurrent or residual and
decide whether it is competent to exerclse.such powerin
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 exercise such power. In
case a State objects thereto, acornmittee shall beset up by the
two levels. concerned to amicably resolve the matter before
resorting to the Supreme COUlt;
.. (k) act asa link betweeurhe National Government and the
The. Trdhsitionnl COllsl,t"tlon OfSOlllh Sucnn, 2illl (AmClldlllcnl) lJil]2017 Page-16.
 States;
(1) provide reports upon the request ofthe Transitional National
Legislative Assembly.and the.Council of the States;
(11'1) formulae internal rules. procedures and regulations for
the conduct of its business;
(n) mobilize the public to achieve the objectives of
government policy and promote public life;
(0) review annually, the performance ofthe decentralized
system of governance irr.the Republic of South Sudan; and
ensure the implementation of the Peace Agreement, relevant
programs and processes.and national reforms, and lead the
Transitional Government of National Unity in a manner
consistent. with peace.Inclusive governance, and
reconciliation; and
p) Perform any other executive function provided for in this
constitution and the law.

6.18.6 The Constitution is amended by deleting Article 112 and

replacing it with anew article as follows ..

112. (1) Selection of Ministries and Appointment Procedure for

Ministers shall be through consultation among the Parties in
accordance with the Pence Agreement and until the time elections
are held;

(2) Each Party may remove its representatives in-the Council of

Ministers and nominate replacements by notifying-the President
and the First Vice President, with at least fourteen (14) days'
notice;

(3) In the event that a Ministerial post falls vacant during the
Transition.Period, the replacement shall be nominated by the top
leadership body of the party that first selected that Ministerial
portfolio, as appointed at the.commencement of the Transition.
The replacement Minister shall serve in office until the end of the
Transition Period;

618.6 The Constitution is amended by deleting Article 113 and

replacing it with the following-

113. To assume office, a national Minister-shall, before the

President, take the following oath:
"I..." do hereby swear by the Almighty God
/solemnly affirm/, that as a Minister/Deputy Minister , I shall
be faithful and bear true faith and allegiance to South Sudan
and shall diligently and honestly discharge my duties and
responsibilities andstriveta 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
* • ~'" rr to,
The Trallsi1ional. Conslitution ofSoll111 SUdnn, 2011 (Arnr",illlrllj) IJilll!)17 Page-17-
 government and preserve the integrity and dignity of the
people of South Sudan; so help me Godl God is my witness.";

6.18,7 Article 114 of the Constitution is amended by-

a) Deleting sub-article (Ij and replacing it with the following

new sub-article-

(1) A Minister in the Transitional Government of National

Unity shall be the head of his or her ministry and his or
bet decisions shall prevail therein. However; the
Transitional National Council of Ministers may
review-amend or cancel 'such decisions;

b) Replacing sub-article (2)(b) with the following-

(2) (b) National Ministers shall perform any public Or
political role and provide leadership in public affairs to
achieve the policy objectives of the Transitional
Government of National Unity;

6,18.g Article 115 of the Constitution is amended by-

i) Deleting sub-article (l) and replacing it with a modified
version as below-

(1) A ministerof the Transltional Government of National Unity

shall be individually answerable to the President, the Transitional
Council of ministers and the Transitional National Legislative
Assembly for the performance of his Or her ministry;

ii) inserting the words Ttirst Vice President' between the

words' the President and the and the word 'and' in
snb-articletz):

6JN..9 Article 117 of the Constitution is amended-

i) by deleting sub-article (1) and replacing it with the
following-

(I) There shall be eight (8) Deputy Ministers who shall assist
their respective Ministers in the performance of the Ministers'
functions and duties and Shall act in the Ministers' absence.
No.other Deputy Ministers shall be appointed during the
Transitional Period;

ii) by deleting sub-article (2) and replacing it with the

following-
(2) Deputy Ministers, shall be appointed as follows:
(a) Governance Cluster: Deputy Minister ofForeign Affairs
and International Cooperation; Deputy Minister of
,w

TbeTransili~n~IColl~lillilionof
SOlllhSudnn, 2011·(A,ncmhllclIlj1li1l20J7 Page-18-
"

Defence and Veterans' Affairs; Deputy Minister of

Interior; Deputy Minister of Justice and Constitutional
Affairs; Deputy Minister of Information, Communication
Technology and Postal Services;
(b) Economic Cluster: Deputy Minister of Finance and
Planning; Deputy Minister of Agriculture and Food
Security;
Service Delivery Cluster: Deputy Minister of Labour;
Public
Service and Human Resource Development;
iii) by deleting the entire sub-article/J) and replacing it with-

(3) To assume office, a Deputy Minister-shall, before the

President, take the same bath of a Minister as
prescribed in Article 113 ofthis Constitution;

iv) byinserting a new sub-article after (4) after sub-article (3)

to read-
(4) Deputy Ministers shall be appointed by the Party holding
the respective Ministry. In accordance with the Constitutional
provisions on the participation ofwomen in the executive, no
fewer than two (2) of the Deputy Ministers shall be women;

v) by inserting a new sub-article after (5) after sub-article r4)

to read-
(6) In theevent that.a Deputy Ministerial post falls vacant during
the Transition Period, the replacement shall be nominated by
the top leadership body of the patty that first nominated that
ministerial portfolio, as appointed at.the commencement of
the Transition, or their duly chosen replacements as Ministers.
The replacement Deputy Minister shall Serve in office until
the end of the Transition Period;

6.19 Article 1180fthe Constitution is amended by deleting sub-article

(2) and replacing it with the toilowing mcdificdversron-

(2) Upon a vote of no confidence being passed against a Minister,

he or she shall be deemed to have resigned and the replacement
shall be provided by the nominating party;

6.20 The Constitution is amended by deleting Article 119 and

replacing it with a modified version as follows-
119. The office of a Minister or Deputy Minister of the
Transitional Government of National Unity shell fall vacant in
any of the following cases:
(a). submission of writren resignetlon to the President after
acceptance by the nominating patty;
(b) removal from. office by the nominating Party;
(c) removal from office by the President 011 the .ground of
menta! infirmity or physical incapacity based on an
official Medical Commission Report;
(d) in the case of a Minister, resolution of the Transitional
The'f,":\lIsition:iIC.ons!ilutiimofSollth Sudail,.2011 (i\l1lcJI(lment) llHl.2017 Page-I9-
 National Legislative Assembly as set forth in Article
118 (2) of this Constitution; or
e) death;

6,2 i Article 120 of the constitution is amended in sub-article (2) by

inserting the words 'First Vice President 'betweenthe word
'President' and the word 'Vice President';

6,22 The Constitution is amended by.modifying Article 121 as below-

121. The President, the First Vice President, , Vice President,

Presidential advisors, Ministers, and Deputy Ministers of the
Transitional Government of National Unity, Governors, 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;

7. Part Seven (The .Iudteinry}

6~~22 Article 122 of the constitution is amended by deletingsub-article
(I} and replacing it with a new modified sub-article as follows-

(1)
(a) 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, the law and the Peace Agreement;
(b) There shall be reforms of the judiciary that shall include,
but not be limited to, the review of the Judiciary Act (2008)
during the Transitional Period;

6.24 Article 126 ofthe Constitution is amended by-

i) deleting sub-artlclett) lind replaoing it with the
following new modified sub-article-

(1) The Supreme-Court shall be the custodian of this

Constitution, the Peace Agreement, and Constitutions
ofthe States;
ii) deleting sub-article (2) (a) and replacing it with
the following sub-article-

(2) (a) interpret constitutional provisions at the instance of the

President, the Transitional Government of National
Unity, any State government, or any of the two Houses
of the Transitlonal National Legislature:

iii) deletingsub-article(2)(g) and replacing it with

the following new sub-article-

(2) (g) have criminal jurisdiction over the First Vice President,

- Vice President, the Speakers of the Transitional National

Thc'frunsilional Conslilutiun o(Suufh Sudan, 2011 (AllIcmllll~nt) llill2Ql7
'. .
Page- 20-
 Legislative Assembly and the Council of States and the
Justices of the Supreme Court:

iv) deleting sub-article (2)(j) and replacil1g it with

the following new sub-article-

(2)0) have original and final jurisdiction to resolve disputes

between the States and between the Transitional Government of
National Unity and a State in respect of areas of
exclusive, concurrent Or residual compctences;

6.23.2 Article 138 of the Constitution is amended by deleting sub-

article(1) and replacing it with the following sub-section-
(1) the Transitional Government of National Unity shall have a
Civil Service consisting of all its employees who shall impartially
CMTy out the functions assigned to them according to the law

6.233 Article 140 of the Constitution is amended by-

i) inserting a sub-article (5) immediately after sub-article (4) to
read-
(5) During the Transitional period the Civil Service Commission
shall be reconstituted at the national level in accordance with
the Peace-Agreement;
ii) renumbering the previous sub-article f'S} as sub-articleui) as
appears below-
(6) The structure, composition. functions,pOw6s and terms and
conditions of the chairperson, deputy chairperson, members
and employees of the commission shall be regulated by law;

6.::3.4 Article 142 of the Constitution is amended-

i) by deleting sub-article (1) and replacing it with the following
new sub-article-

(1) The Transitional Government of National Unity shall

establish independent institutions and commissions as provided
for by this Constitution and the Peace Agreement. Such
institutions and commissions shall perform their functions and
duties impartially and without interference from any person or
authority;
ii)by deleting sub-article (2) and replacing it with the following
new sub-section-

(2) The Transitional Govermnent ofNational Unity 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;

iii) by deleting sub-article (3) and replacing it with the

following sub-article as follows-
. iv)
Page-21.
 (3) The Transitional Government of National Unity shall ensure
that at least twenty-five percent (25%) of the membership of each
of these institutions and commissions shall be women;

623 Article 143 of the Constitution is amended-

a) by deleting sub-article (2) and replacing it with the following

new
article-
(2)(a) The Chairperson, Deputy Chairperson and members of
the commission shall be appointed by the President on the
recommendation of the Council of Ministers subject to
approval ofthe Transitional National Legislative Assembly;
(b) Within two months of the Transitional period, the
President shall Iu consultation and. agreement with the First
Vice President nominate the head of the Anti-Corruption
Commission and pass his or her nomination to the
Transitional 'National Legislative Assembly for approval;

b) by deleting sub-article (3) and replacing it with the

following
new sub-article-
(J)Members of the Commission 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 Transitional
National Legislative Assembly bya two-thirds
majority of all members;

626.2 Article 151 of the constitution is amended-

a) by deleting sub-article (1) and substituting the following
modified sub-

(1) The Sudan People's Liberation Army aud SPLAISPLA

(IO) Forces shall jointly constitute the national armed forces
of the Republic of South Sudan pending the final unification
as per the Peace Agreement;
b) deleting sub-article (2) and substituting the following
modifled sub-article-
(1) The Sudan People's Liberation Army and SPLAISPLA (10)
Forces after unification shall be transformed 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;

6.26.3 Article 153 oftbe Constitution is amended-

i) by deleting sub-article (1) and replacing it with the
following new
Thc TI'a"~itio""1 COIl~tilulio" of Sooth Sudal!, 2011 (AlIIcml"'cnt) 8m 2017 Page - 22-
 sub-article-

(1) (a) The President of the Republic of South Sudan shall be

the Commauder-iu-Chief'.of rhe SPLA after unification;
(b) Notwithstanding Sub-Article (1) above, and pending
unification of the two forces, the command structure
shall be
as follows:
(i).The incumbent President shall. be the Commander-in-Chief
of the SPLA.
(ii) The First Vice President shall be the Commander-in-Chief
of the SPLM/SPLA (10) Forces;
(c ) The process of unification of the two forces shall be
overseen by the temporary national architecture for the
implementation of the permanent ceasefire as Set forth in
the Peace Agreement;
(d) The Shared Unified Command at the 'strategic level
shall consult and coordinate with each other on matters related
to commissioning and promotion, retirement and dismissal of
officers.
(e) Notwithstanding Sub-Article (d) of this article, the
Commander-in-Chief after Unification shall
commission, promote, retire or dismiss officers of the
national aimed forces according to the law;
ii} In sub-article article (3) by deleting the word 'national' and
replacing it with the word 'unified";

627 Article 154 of the Constitution is amended by rephrasing suh-

article (1) as follows-

(1) (a) There shall be established a consultative body which shall

be known as the National Armed Forces.Cornmand Council;
(b) Notwithstanding sub-Article (a), above, the two command
Councils of the two armed forces will operate until
unification;

6.28 Article 160 ofthe Constitutlon ls amended by-

i) changing the title from 'National Security Service' to

'Ministry ofNational Security';
ii) deleting sub-article (1) and replacing it as follows-

(1) There shall he established a Ministry for National Security

which shall be known as the Ministry of National
Security;
iii) deleting sub-article (2);
iv) deleting sub-article (3);
v) deleting .sub-articletd). and replacing it with the following
sub-article to be renumbered assub-arricletz)-

(2) The Ministry of National Security Shall be charged with

"
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 the internal nnd exremal security of the Country and its
people;
vi) deleting sub-article(5);

6J J Article 164 of the constitution is amended by-

i) rephrasing sub-article (1) as below-

(1) (a) There shall be a Iegislative body in each state which

shall be known as Transitional State Legislative Assembly.
The Transitional State Legislative Assembly shall comprise of
elected members;

(b) Notwithstanding sub-article (1) (a) the President of the

Republic shall during the transitional period appoint members
of state Legislative Assemblies in consultation with the First
Vice President.

(c ) The State Legislative Assemblies in Jonglei, Unity, and

Upper Nile shall return to their membership prior to the
political crisis of 15 December 2013 and continue to serve as
Transitional State Legislative Assemblies until such time as
Elections are held.

il). deleting sub-article (4)(b) and replacing. it with the following

sub..article..
(4)(b) If the State Legislative Assembly passes a vote of no
confidence as 'stated in paragraph (a) above, the President
shall .act upon such a vote and remove that governor and
replace him or her with a nominee from the party that
nominated him or her;
iii) deleting sub-article (4)(0);
iv): renumbering sub-article (4) (d) as sub-article (4) (c)
v) deleting sub-article (5)(b);
vi) rephrasing sub-article (5) as follows-

(5) The term of a Legislative Assembly shall be 30 months from

the date of the formation ofthe Transitional Government of
National Unity;

6.32 Article 165 is amended by-

i) deleting sub-article (l) and replacing it with the

following modified.sub-article..
(1) (a) There shall bea Governor for each State appointed by
'TIle TI·~Jlsilion<ir COl1stilution of South Sild~ll,
'" .
mu (Amcndment) Bill 2(117 Page- 24·
 the President in agreement with the First Vice President and ill
accordance with this Constitution. fhe Peace Agreement, and
the relevant State Constitution;
(b) Notwithstanding sub-article (1) above, the governors of
the States of Upper Nile and Unity shall be nominated by the
First Vice President and appointed by the President for the
duration of the Transitional Period. The Government of the
Republic-of South Sudan will nominate the Governor of
Jonglei State;
ii) deleting sub-article (2) and replacing it with the
following newsub-article-
(2) The Governor of each State shan be the head of the
executive Organ in the State and shall appoint and relieve the
Deputy Governor and State Ministers in consultation with the
President and the nominating party and in accordance with the
State Constitution and the Peace Agreement

iii) deleting sub-article (5) and replacing it with the following

modified newsnb-artiole-

(5) The Governor.shall remove a State Minister on a motion

supported by two-thirds of all the members of the Transitional
State Legislative Assembly.

6.33 Article 166 of the Constitution is amended-

i) in sub-article (2) by deleting the words
'National Government' and replacing them with the
words
'Transitional Govetnnlent ofNational Unity';
ii) In sub-article(8) by deleting the words
'National Government' and replacing them with the
words 'Transitional Government of National Unity';

6.34 Article 169 of the 'constitution is amended-

i) In sub-article (1) by deleting the words 'National

Government' and replacing them with the words
'Transitional Government of National Unity';
ii) In sub-arncleftj by deleting the words 'National
Govemment'and replacing them with the words
'Transitional Government of National Unity';
iii) in sub-articlefd) by deleting the words 'National
Government' and replacing them with the words
'Transitional Government of National Unity';
iv) In sub-article (7) by deleting the words 'National
Government' and replacing them with the words
'Transitional Government of National Unity';
"!"* '" ...... •
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,,

635 Article 171 of the Constitution is amended by inserting

the following new article;

I7lA. The Transitional Government of National Unity shall

undertake a comprehensive review of land policy and of the
Land Act 2009 ra Jnccrporare the best practices in land
management and usage in accordance with the Peace
Agreement;

6.35. 1 Article 172 of the Constitution is amended in sub-

article (2) byinserting the words 'in consultation with the First
Vice President and' between the word 'President' and the word
"in";

InA The Transitional Govermnentof National Unity shall

undertake a comprehensive review of land policy and of the
Land Ac: 2009 to incorporate the best practices in land
management and usage in accordance with the Peace
Agreement;

6.36. Article 174 is amended-

i) in sub ar ticle(2) by inserting the words "and the

w

First Vice President' between the word 'President' and

the word 'the'
ii) in sub-article (3) by inserting the words 'in
consultation with the First Vice President' between the
word 'President' and the word 'ill';
iii) in sub-article (4) by inserting the words 'in
consultation with the First Vice President' between the
word 'President' and the word "and';

6.37. The constitution is amended by inserting after Article 176 the

following new article-

176A. The Transitional Government of National Unity-shall

initiate a.review of'the policies and all legislation governing the
petroleum sector in order to give effect to the provisions of
Chapter IV of the Peace Agreement;

6.38. Article 181 is amended'

i) in sub-article (3) by inserting the wards 'the First Vice

President' after the first word 'President' and the ward 'and';
ii) in sub-article (4) by inserting the wards 'in consultation with the
First Vice President' after the word 'commission';

6;39, Article 182 is amended-

,

Page -26-
 i) by deleting sub-article (7) and replacing it with the following
new.sub-aiticle-
(7)
(a) The Bank ofSouth Sudan shall be headedby a competent and
appropriately-qualified Governor and assisted by two Deputy
Governors, appointed by the President in consultation and
agreement with the First Vice President and approved by a two-
third majority of members of the Transitional National Legislative
Assembly present and voting;
(b) Within four (4) months upon the commencement of the
Transitional Period, the President shall appoint the Governor of the
Bank of South Sudan in consultation and agreement with the First
Vice President;
(c) The Transitional Government of National Unity shall review
legislation governing the Bank of South Sudan with a view to
restructuee and enable it to render efficient and effective service.
This restructuring shall include; but not be limited to, the
leadership, composftion.jowers, functions and-operations; and
(d) The nomenclature of' the Bank of South Sudan shall be decided
upon the promulgation ofthe Permanent Constitution.
ii) in sub-article (9) by inserting the words 'in agreement with the
First Vice President' after the word-President";
iii) in sub-article {IO} by inserting the words 'and the First Vice
President' after the word 'President';

6AO Article 186 ofthe Constitution is amended-

i) in sub-article article (3) by inserting the words

'In agreement with the First Vice President' between the
word 'President' and the word 'with';
ii) in sub-article (5) (a) by inserting the words 'in
consultation and agreement with the First Vice
President' between the word 'President' and the word
'on';
iii) in sub-article (6) by inserting the words tand the
First Vice President' between the word 'President' and
the word 'f01";
iv) ill sub-article (8) by inserting the words 'First
Vice President' between tile word 'President' and the
word 'and';

6A1 Article 189 of the Constitution is amended in sub-article (1)

by insetting the words 'with the agreement of the First Vice
President and the Vice President' after the word 'President';

6A2 Article 190 ofthe Constitution is amended-

'fhe Tr,m,ilional.CollsiiiUiioll'Ot'South Sud"n, 2011 (Amendment) I1ill2017 Page - 27 -
 i) by changing its title from 'Powers of the
President in a state of emergency' to 'Powers of the
President, the First Vice President and the Vice
President in a State of Emergency";
ii) Jn the prevision by inserting the words 'with the
agreement of the First Vice President and the Vice
President' after the word 'President';

6,43 Article 191 of the Constitution is amended-

i) in sub-article (c) by insetting the words 'with the agreement of
the First Vice President and the Vice President' after the word
'President';
ii) In osub-article (192) (1) by inserting the words 'with the
agreement of the First Vice President and the Vice President'
after the first word 'President';

Part j:"I)UrLC'_~Ti_ (('Cf\.')\1[;)

6.44 Article 193 ofthe Constitution is amended

i) in sub-article (2)(d) by deleting the word

'Millennium' and replacing itv...ith the word
'Sustainable' ;
ii) in sub-article (3) by inserting the words 'in agreement with
the First Vice President' after the first word 'President';

6.45 The constitution is amended by deleting Article 194 and

substituting it Wit1I the following new article'>

194. (1) The National Government shall during the Transitional

Period conduct a population and housing census the outcome of
which shall, inter alia, determine the number of electoral
constituencies for the next General Elections;
(2) Notwithstanding sub-Article (1J above, the requirement to
conduct a national population and housing census in advance of
elections, in order to determine the number of Electoral
Constituencies; 01' for arty other purpose related to elections,
shall be waived;
(3) National and State Legislative Assembly Elections shall
employ the geographic constituencies as defined in the 2010
Elections;

6.46. Article 196 of the Constinuion is amended by inserting after

sub-articlef I} the following new sub-articles-

(2) The National Elections for the President, National Assembly,

State Governors and State Assemblies-shall be organized sixty (60)
days prior to the end ofthe Transition Period;

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 (3) Any dispute regarding the propriety of the conduct and results
of Presidential and Gubernatorial Elections shall be referred to
the Supreme Court.for determination. The decision of the Court
shall be-final and binding. Disputes for other legislative officers
shall be handled by other designated competent courts.

6A7 The constitution is amended by deleting article 197 and

replacing it with the following modified article-

197 (1) There shall be established an Independent Commission

which shall be known as the National Elections Commission;

(2) The National Elections Act, 2012 shall be reviewed in

accordance with the provisions of the Peace Agreement;

(3) The President, with the agreement of the First Vice

Presidentand in consultation with the other Parties to the Peace
Agreement and with the approval of the Transitional National
Legislative Assembly, shall reconstitute a competent and
impartial National Elections Commission, to conduct Elections
in accordance with the provisions of the Peace Agreement;

(4) The Chairperson, Deputy Chairperson, and Members of the

Commission shall be persons of proven integrity, competence,
non-partisan 811d impartialv and tshall be appointed by the
President with the agreement of the First Vice President in
accordance with the provisions of this Constitution and the law;

6.48. Article 199 of the Constitution is amended byirrserting after

sub-article (1) the following new sub-articles-

(2) Notwithstanding sub-Article (1) above, the amendment. to this

Constitution regarding the incorporation of the Agreement into
the Constitution Shall be deliberated upon and enacted 1:>Y the
Transitional National Legislature within thirty (30) days.of' the
receipt of theramendment from the Minister of Justice in
accordance with the provisions of the Peace Agreement. This
provision shall be exceptional. and shall cease to have effect
after the passage of this amendment on any subsequent
amendments to this Constitution;
(2) Any amendment affecting the provisions of the Peace
Agreement shall not be introduced without the prior approval
of the- Parties to the Peace Agreement;
(3) Provisions of the Peace Agreement that may not have been
directly incorporated into this Constitution, shall he deemed
part of the Constitution;

6.49 Article 200 of the Constitution is amended by adding the

words 'and the Peace Agreement' after the word 'Constitution ',
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 6.50 The Constitution is amended by
l) modifying Article 201 as follows-

201 (1) Upon the declaration.ofindependence and Statehood of

the Republic of South Sudan on July, 9;2011, the President of
the Government of South Sudan shall:
a) assent to and sign into law the amended interim
Constitution of South Sudan, 2005, after its adoption by the
Southern Sudan Legislative Assembly, which shall thereafter
be ki10Wi1 as the Transitional Constitution ofthe 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 Article94 (3) ofthis constitution; and
d) Convene the Transitional National Legislature in
accordance with the provisions ofthis constitution;

il) inserting the following new articles after Article Zul-

20lA
TRANSITIONAL INSTITUTIONS AND MECHANISMS

During the Transitional Period, existing Commissions and

Institutions shall be reconstituted and others including
mechanisms and programmes established, reformed and
facilitated by the Transitional Government of National Unity as
provided -ln the Peace Agreement. The Transitional Government
of National Unity shall pay particular attention to their mandate
in appointments to ensure independence arid accountability of
the institutions to be reconstituted, reformed or established. The
Institutions, programs and mechanisms enumerated by the Peace
Agreement are indicated below-

(I) Institutions to be reconstituted

a) Anti-Corruption Commission (ACC);
b) Public Grievances Chamher (PGC);
c). Fiscal, Financial .Allocation and Monitoring Commission
(HAMC);
d) National Audit Chamber (AC);
e) Relief and Rehabilitation Commission (RRe);
1) Peace Commission (PC);
g) National Bureau of Statistics (NBS);
h) Human Rights Commission (I-IRe);
i) Judicial Service Commission (JSC);
j) Civil ServiceCommission (eSC);
k) Land C0111missio11 (LC);
,.., I) Electricity Corporation (EC);
"'" 3 ,=..
Thc'rnlnsllil","1 COllStflulionuf Suuth Sud"". 2(~J J (AIllcnd';'tlltj Ilill 2017 Page- 30-
 m) Refugees Commission (Re);
n)South Sudan Broadcasting Corporation (SSBC);
0) National Petroleum and Gas Comrnission(NPGC);
pi. National Bureau of Standards (NBS);
q). Urban Water Corporation (UWC);
r). Roads Authority

(2) New institutions to he established

a) National Revenue Authority;

b) Public Procurement and Asset Disposal Authority;
c) Salaries and Remuneration Commission;
d) Environmental Management Authority (EMA);
e) Research and Development Centers for:
i) Natural Disasters for;
(ii) Strategic Studies; and
(iii) Scientific Research.

(3) National Legislation to be reviewed include:

(a)Invesrmenr Promotion Act, 2009;

(b)Banking Act, 2010;
(c)Telecommunications Act; 2010;
(d)The Transport Act, 2008;
(e)The National Audit Chambers Act, 2011;
(f)Anti-Corruption Commission Act, 2009;
(g)PUblic Finance Management and Accountability Act, 2011;
(h)Petroleum Act, 2012;
(i} The Mining Act, 2012;
G) Petroleum Revenue ManagementAct,20J2;.and
National Content Bjll,2013;

4) Institutions for transitional.justice, accountability,

reconciliation and healing:

(a) The Commission for-Truth, Reconciliation and Healing;

(b) An independent hybrid judicial body, to be known as the
Hybrid Court for South Sudan; and
(c) Compensation and Reparation Authority.

5) Institutions for Financial and Economic reforms:

a) Enterprise Development Fund

b) Women Enterprise Development Pund:

b) Youth Enterprise Development Fund; and

.. '"'7'
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Page - 31 -
 c) Relevant micro-finance Institutions.

5) Programs for Humanitarian Assistance

The Transitional Government of National Unity shall institute
programs for relief; protection, repatriation, resettlement,
reintegration an rehabilitation of" Internally Displaced Persons
(lDP) s and returnees, in coordination with the United Nations and
other relief and humanitarian agenciea und shall abide by, and
implement all provisions and mechanisms for humanitarian
assistance and reconstruction in accordance with Chapter III ofthe
Peace Agreement, including the setting up of the Special
Reconstruction Fund (SRF).

201BPermanent Ceaseftre

(l) The Permanent Ceasefire, provided 1'01' in-the Peace Agreement,

shall be fully enforced by the warring parties and be monitored
internationally;
(2) All Permanent Ceasefire activities, including the Transitional
Security Arrangements, the unification of forces,8.l1d the
establishment of the Permanent Ceaseflre Institutions, shall be
as prescribed in Chapter II of the Peace Agreement and shall be
considered as an 31U1ex to this Constitution.

201C. Supremacy of the Peace Agreement

(1) The Peace Agreement for the Resolution ofthe Conflict in the
Republic of South Sudan is fully incorporated into this
Constitution. AhY parts of the Peace Agreement that-are not
textually incorporated.into this Constitution shall be deemed to
have been incorporated.

(2) Notwithstanding-this process of incorporation, in the event that

the provisions of this Constitution conflict with the terms of the
Peace Agreement, the terms ofthe Peace Agreement shall prevail.

(3) The Peace Agreement shall take precedence over any national
legislation, and in the event that the provisions of a national
legislation conflict with the terms of the Peace Agreement, the
Peace Agreement shall prevail.

20lD. Amendment to the Peace Agreement

The Peace Agreement may be amended by the Parties, with at
least two-thirds of the members of the Council of Ministers,
and; at least two-thirds of the voting members of the Joint
Monitoring and Evaluation Commission as per Chapter VII,
ArticleS, of the Peace Agreement, consenting to the

Th~ TransiliQnal ConslHulion If SOlitlo Slld'ln.l0 II (I\mendnicut) mil 2017 Page- 32"
 amendment, followed by ratification by the Transitional
National Legislature, according to the constitutional
amendment procedures setout in this Constitution;

6.52. The Constitution is amended by deleting Article 202 and

replacing it with the following modified article-

202 (1) The existing National Constitutional Review Commission

shall be reconstituted by the Transitional Government of
National Unity after adequate consultation with. all key
stakeholders, including the Political Parties, Civil Society
Organizarionsv Paith-Besed groups women's blocs, youth,
ethnic minorities, representatives of the private sector,
academia and other professionals for their views to prepare a
Draft Constitutional Text;

2) The Transitional Government of National Unity

shall, after consultation with the Political Parties,
civil society and other stakeholders shall appoint the
Chairperson, Deputy Chairperson and members of
the Commission;

In order to ensure quality of participation and

(4)
inclusiveness in the reformulated Constitution
review process, the composition of the reconstituted
National Constitutional Review Commission shall
include but not be limited to representatives of-the
Transitional Government of National Unity,
Political Parties, faith-based groups, women's blocs,
youth, ethnic minorities, representatives of the
private sector, Civil Society Organizations,
academia and other professionals;
210The Transitional National Legislative Assembly shall within
the first six (6) months of the Transitional Period enact
legislation to govern the constitutional-making process,
including the timelines
5) The Commission shall carry.out. wide consultation with the
people and conduct civic education and prepare theDraft
Constitutional Text which it shall present to the President
together with a report within 18 months of its
establishment;

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 and Constitutional Affairs to a Constituent Assembly for
deliberation and adoption;
7) The Parties agree that the Transitional National Legislature
shall be transformed into a Constituent Assembly on the first
date of the 27th month of the Transitional Period for
purposes of adopting the Permanent Constitution after which
it shall be dissolved preceding the Elections;

8) The Permanent Constitution-Making Process shall be

guided by the following principles:

(I) The Transitional Government ofNational Unity shall initiate

and oversee a Permanent Constitution-making Process during
the Transitional Period, The Permanent Constitution-making
Process shall be based, ·intet cilia, on the principles of
(a) supremacy of the People of South Sudan;
(b) initiating a Federal and democratic system of government
that reflects the character of South Sudan in its various
institutions taken together and that guarantees good
governance.constitutionalism.rule of law, human rights,
gender equity; and affirmative action;
(cj guarameeing peace and stability, national unity and
territorial integrity of the Republic of South Sudan;
(d) promoting peoples' participation in the governance of the
country through democratic, free and fair Elections and the
devolution of powers and resources to the States and
Counties;
(e) respecting ethnic and regional diversity and communal
rights, including the right.of conununities to preserve their
history, develop their language, and promote their culture
and expression of their identities;
(f) ensuring the provision of the basic needs of the people
through the establishment of a framework for fair and
equitable economic growth and access to national resources
and services;
(g) promoting and facilitating regional and international
cooperation within South Sudan;
(h) committing the people ofSouth Sudan to peaceful
resolution of national issues through dialogue, tolerance,
accommodation and respect of others' opinions.

(2) The process of permanent Constitution-making shall be led and

owned by the people ofSouth Sudan.
(3) In drafting the Permanent Constitution, lessons shan be drawn
from South Sudan common law, consntutional hiseory and
experience; and the Peace Agreement,
(4) The process of appointment shall be as defined in the reviewed
and enacted legislation governing the Censtitutioh-making
process.
(S) The Transitional Government ofNational Unity shall provide
in its budgetary provisions adequate funding for the
Constitution-making process;
t' ..,"
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 6.53 Article 203 ofthe constitution is amended by-
i), deleting sub-article (3);
ii) renumbering sub-article (4) as sub-erticlefa),
iii) renumbering sub-article (5) as sub-articletc);
iv) deleting sub-article (6);
v) deleting sub-article (7);
vi) deleting sub-article (8);

Assent of tbe President of the Government of South

Sudan

In accordance with the provision of Article SS{l) of the

Transitional Constitution of Southern Sudan, 2011, I,
Gen. Salva Kiir Mayardit, President of the Government
of the Republic of South Sudan, hereby Assent to The
Transitional Constitution of the Republic of South
Sudan, 2011 (Amendment Act 2017) and sign it into
law.

Signedunder my hand in Juba, this ----~--dayofthe

month of ------w--in the year 2017.

Gen. Salva Kllr Mayardit

President
Republic of South Sudan
RSS/Juba.

E3 !: ! "
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