South Sudan

National Elections Act 2012

Updated: June 2015

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Section 10, subsection 2 states:

Each member of the [Electoral] Commission shall be:…

  • (b) of proven integrity…
  • (d) literate, with at least a secondary school leaving certificate or equivalent…

 

Section 11, subsection 1 states:

A post on the Commission shall become vacant for any of the following reasons:…

  • (c) acceptance by the Court of a certified official medical report of mental infirmity or physical incapacity…

 

Section 22, subsection 4 states:

The Secretary General may be removed by the Commission for:

  • (a) inability to perform the functions of his or her office arising out of physical or mental incapacity…
  • (d) incompetence.

 

Section 26, subsection 1 states:

Membership from a High Committee shall terminate for any of the following reasons:

  • (a) repeated absence from five consecutive ordinary meetings without permission or without an acceptable excuse, proof of which shall be contained in a report submitted by the Chairperson or Deputy Chairman of the High Committee to the Commission; or
  • (b) being convicted for a crime involving fraud, dishonesty or moral turpitude, proof of which shall be contained in a report submitted by the Chairperson or Deputy Chairperson of the High Committee to the Commission.

 

Section 28, subsection 1 states:

The office of a Returning Officer shall become vacant if the holder:…

  • (b) becomes physically or mentally infirm;
  • (c) becomes incompetent;…

 

Section 30, subsection 1 states:

An assistant Returning Officer may be removed on the same grounds as a Returning Officer from office by the High Committee which appointed him or her with the approval of the Commission.

 

Section 33 states:

Eligible voters shall satisfy the following conditions:…

  • (d) be of sound mind.

 

Section 36, subsection 2 states:

Any registered voter in any geographical constituency may submit a written objection at the location of display… or request to correct the details of his/her entry or to challenge the registration of another person if that person:…

  • (g) is not of sound mind

 

Section 46, subsection 1 states:

To be eligible as a candidate for election as President or Governor, a person shall meet the following qualifications:…

  • (b) be of sound mind…
  • (d) be literate; and
  • (e) not have been convicted of an offence involving fraud, dishonesty or moral turpitude.

 

Section 64, subsection 1 states:

To be eligible for nomination as candidate for the election of members of the Council of States, a person shall meet the following qualifications:…

  • (c) be of sound mind;
  • (d) be literate;
  • (e) not have been convicted during the seven years prior to nomination of an offence involving fraud, dishonesty or moral turpitude…

 

Section 74, subsection 1 states:

Any person to be eligible as a candidate for election as a member of any of the Legislative Assemblies shall meet the following requirements:….

  • (b) be of sound mind;…
  • (d) be literate;
  • (e) not have been convicted during the seven years prior to nomination of an offence involving fraud, dishonesty or moral turpitude…

 

Excerpts from the National Elections Act 2012

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Section 103, subsection 2 states:

Regulations mentioned under sub-section (1) of this section shall detail all procedures related to…polling procedures for the illiterate and those with special needs…

 

Excerpt from the National Elections Act 2012

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Section 10, subsection 2 states:

Each member of the [Electoral] Commission shall be:…

  • (b) of proven integrity…
  • (d) literate, with at least a secondary school leaving certificate or equivalent…

 

Section 11, subsection 1 states:

A post on the Commission shall become vacant for any of the following reasons:…

  • (c) acceptance by the Court of a certified official medical report of mental infirmity or physical incapacity…

 

Section 22, subsection 4 states:

The Secretary General may be removed by the Commission for:

  • (a) inability to perform the functions of his or her office arising out of physical or mental incapacity…
  • (d) incompetence.

 

Section 26, subsection 1 states:

Membership from a High Committee shall terminate for any of the following reasons:

  • (a) repeated absence from five consecutive ordinary meetings without permission or without an acceptable excuse, proof of which shall be contained in a report submitted by the Chairperson or Deputy Chairman of the High Committee to the Commission; or
  • (b) being convicted for a crime involving fraud, dishonesty or moral turpitude, proof of which shall be contained in a report submitted by the Chairperson or Deputy Chairperson of the High Committee to the Commission.

 

Section 28, subsection 1 states:

The office of a Returning Officer shall become vacant if the holder:…

  • (b) becomes physically or mentally infirm;
  • (c) becomes incompetent;…

 

Section 30, subsection 1 states:

An assistant Returning Officer may be removed on the same grounds as a Returning Officer from office by the High Committee which appointed him or her with the approval of the Commission.

 

Section 46, subsection 1 states:

To be eligible as a candidate for election as President or Governor, a person shall meet the following qualifications:…

  • (b) be of sound mind…
  • (d) be literate; and
  • (e) not have been convicted of an offence involving fraud, dishonesty or moral turpitude.

 

Section 64, subsection 1 states:

To be eligible for nomination as candidate for the election of members of the Council of States, a person shall meet the following qualifications:…

  • (c) be of sound mind;
  • (d) be literate;
  • (e) not have been convicted during the seven years prior to nomination of an offence involving fraud, dishonesty or moral turpitude…

 

Section 74, subsection 1 states:

Any person to be eligible as a candidate for election as a member of any of the Legislative Assemblies shall meet the following requirements:….

  • (b) be of sound mind;…
  • (d) be literate;
  • (e) not have been convicted during the seven years prior to nomination of an offence involving fraud, dishonesty or moral turpitude…

 

Excerpts from the National Elections Act 2012