![Dr. Abednego Akol Chol, Chair of the South Sudan National Elections Commission (NEC), addresses reporters at a press conference in his Juba office. The event followed the Commission's swearing-in ceremony at the presidency on Monday, January 8, 2024. [Photo by Sudans Post]](https://i0.wp.com/www.sudanspost.com/wp-content/uploads/2024/01/80664f65-6952-46cf-a6de-f77a56d082fe.jpeg?resize=1515%2C757&quality=89&ssl=1)
Gabriel Deng Akon, the NEC’s deputy chairperson, accused Abednego Akok Kachuol, the commission’s head, of acting unilaterally in a letter dated June 24. The letter, obtained by Sudans Post, said Akok’s decisions “deviated from the legal and regulatory framework governing the Commission.”
“The order made by the Chairperson dismissing Secretary General Yohannes Amum Nyiker was unilateral and unprocedural, and the names publicly announced by the Chairperson for the high committees at the state level deviate from the rosters approved by the NEC for appointment,” it said.
Deng said Akok dismissed Nyiker on May 29 without providing a reason as stipulated by the National Elections Act (2012 Amendment) Act, 2023. He added that Akok bypassed a commission vote on the matter and ignored a one-week deadline to respond to concerns raised by other commissioners.
“Specifically, this is not in keeping with NEA Section 23(5) (providing that the SG may be removed by the Commission for cause) together with NEC Internal Rules and Regulations, 2013 (NEC Rules) Section I. 4(1) (providing that decision-making of the Commission shall be made by a majority vote of members present). Furthermore, as decided in the meeting on 7 June 2024, the Commission resolved that the Chairperson would be given a week to respond to the concerns raised by commissioners regarding the nature of the SG’s termination. As of writing, this period has lapsed, and the NEC has not received any such communication from the Chairperson,” the letter read in part.
The deputy chairperson also contested the appointment of high committees in 10 states announced by Akok on June 17. Deng said these appointments contradicted rosters approved by the NEC and violated the National Elections Act, which mandates the commission to form state-level committees.
Deng demanded the reinstatement of Nyiker, the swearing-in of state committees based on approved rosters, and the inclusion of state returning officers as mandated by law. He further urged the Transitional Legislative Assembly to intervene in a separate letter dated July 2.
“This is in violation of NEA Section 26 (1) (providing that the high committees at the state level shall be formed and appointed by the Commission). Furthermore, NEA Section 26 (2) provides that each high committee shall be comprised of five members, including a state returning officer. However, during the Commission’s deliberations on the formation of high committees, the Chairperson directed that the appointment of state returning officers should be decided at a later date as additional sixth members, contrary to NEA Section 26(2),” he said.
Nyiker, in a letter to the speaker of parliament Jemma Nunu Kumba, demanded parliamentary action to resolve the dispute.
He said in that letter that “the gravity of the NEC’s work for building a stable democracy cannot be overstated. A poorly administered electoral process can be a source of instability, diminish trust in our public institutions, and ultimately weaken South Sudan’s democracy.”
The dispute casts doubt on the feasibility of South Sudan’s planned December 22, 2024, elections, the first since independence in 2011. The NEC had previously blamed delays in voter registration on disagreements between parties to the 2018 peace deal.
