Analysis of Legislative Amendments to the 2018 Revitalized Peace Agreement

South Sudan’s political architecture currently undergoes a structural shift as the ruling Sudan People’s Liberation Movement (SPLM) urges the Transitional National Legislative Assembly to ratify amendments to the 2018 Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)1. These changes, approved by the presidency on December 10, 2025, alter the legal sequence for the country’s first post-independence elections, now scheduled for December 20262.

The core of this legislative push involves "delinking" the electoral cycle from two previous constitutional prerequisites: the completion of a permanent constitution and the conduct of a national population census1. Under the new framework, the government plans to conduct the December 2026 polls using the Transitional Constitution of the Republic of South Sudan, 2011, as amended, rather than waiting for a finalized charter2.

Justice Minister Michael Makuei Lueth and Cabinet Affairs Minister Martin Elia Lomuro indicate that the presidency amended Article 1.20.5 to direct the National Elections Commission (NEC) to organize polls sixty days before the transitional period expires2. Further revisions to Article 1.2.14 reschedule the national census to occur after the elections2. The legislative package also shortens the timeframe for amending the National Elections Act, 2012, to two months and reduces the deadline for publishing the final voter register from six months to three months prior to the vote2.

These maneuvers follow the September 2024 decision to extend the transitional period by 24 months, a move that the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) supported with 34 out of 43 votes3. While the presidency maintains these changes respond to the technical impossibility of meeting the original timelines, members of the SPLM-IO faction loyal to Riek Machar—who reportedly faced charges of treason and murder in September 2025—characterize the amendments as an abrogation of the 2018 deal4 2.

Financial and security variables complicate this constitutional path. The United Nations Mission in South Sudan (UNMISS) notes that the clock on this fourth extension continues to tick while critical tasks, such as the deployment of unified forces and the establishment of an electoral dispute resolution mechanism, remain incomplete5 6. Economic data shows inflation reached 107 percent in late 2024, and a damaged oil pipeline in Sudan has reduced the government's primary revenue stream7.

The Constitutional Watchdog views these amendments as a reconfiguration of the transition's legal boundaries. By removing the permanent constitution as a hurdle, the government trades long-term foundational stability for a shorter-term electoral window. This pivot requires the parliament to weigh the necessity of immediate polls against the procedural integrity of the original 2018 peace framework8.