A Comparative Analysis of the South Sudan Constitution Making Process with Other East Africa Countries
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Date
2025-05-28
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Uganda Christian University
Abstract
The South Sudan Constitution Making Process provide an opportunity for the Country to address governance, economic, social issues and others facing the Country for decades now. However, it’s important for the process to appreciate democratic principles by ensuring that there’s active participation of the citizens and their views are reflected in the final constitutional text.
In writing the new constitution for South Sudan, it’s equally important that the Country borrows past and present experiences of the East African Countries especially appreciating their processes, procedures and institutions charged by the responsibility of spearheading the process as provided by law.
The Constitution Making Process Act establishes key institutions such as the National Constitution Review Commission (NCRC), The National Constitutional Conference (NCC), Preparatory Committee and the Drafting Committee. These institutions were charged with different responsibilities for ensuring a transparent, accountable, credible and legitimate Constitution Making Process.
However, the process is faced with a number of challenges including lack of political will by the leadership, lack of resources, failure to implement the Revitalized Peace Agreement, political and security tensions in the Country, leadership failure and others.
The study recommends the review of the Constitution Making Process Act to narrow the existing lacunas in the law, provide budgetary allocation of funds to the institution, constitutional referendum, reform draconian security laws, ensure judicial independence and impartiality and others.