South Sudan

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

Article 62, subsection 1 states:

A candidate for membership of the National Legislature shall:…

• (c) be of sound mind;
• (d) be literate; and
• (e) not have been convicted during the last seven years of an offence involving honesty or moral turpitude.

Article 63, subsection 1 states:

Membership of the National Legislative Assembly or the Council of States shall be lost by a resolution passed by the appropriate House in any of the following cases:

• (a) mental infirmity or physical incapacity…

Article 98 states:

A candidate for the office of the President shall:…

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

Article 102, subsection 1 states:

The office of the President shall fall vacant in any of the following cases:…

• (d) mental infirmity or physical incapacity based on an official medical report submitted by the Medical Commission to the Assembly for information…

Article 103 states:

…(6) If the notice for the removal of the President is on the grounds of mental infirmity or physical incapacity, it shall be based on a report submitted to the Assembly by a medical board consisting of five qualified and eminent specialists from the Medical Commission in respect of the alleged infirmity or incapacity.

(7) The President shall submit himself or herself to the medical board for necessary examination as required.

(8) If the medical board determines that the President, by reason of mental infirmity or physical incapacity is unable to perform the functions of the office of the President, it shall communicate its findings to the Assembly for information, and he or she shall be deemed to have forfeited the office.

Article 107 states:

The office of the Vice President shall fall vacant in any of the following cases:…

• (c) mental infirmity or physical incapacity based on an official medical report submitted by the Medical Commission to the Assembly…

Article 120 states:

The office of a Minister or Deputy Minister of the National Government shall fall vacant in any of the following cases:…

• (c) removal from office by the President on the ground of mental infirmity or physical incapacity based on an official Medical Commission report…

Article 135, subsection 2 states:

Justices and Judges may be removed by an order of the President for gross misconduct, incompetence and incapacity and upon the recommendation of the National Judicial Service Commission.

Article 184, subsection 5 states:

The office of the National Auditor General shall fall vacant under the following circumstances:

• (a) removal from office by the President on the following grounds:…
  • (iii) physical and mental incapacity to perform the functions of office;
  • (iv) incompetence or inefficiency…

Article 201, subsection 1 states:

Article 201, Subarticle (1) states: “Upon the presentation of the Draft Constitutional Text and Explanatory Report by the Commission, the President of the Republic shall, after consultation with relevant stakeholders, constitute and convene a National Constitutional Conference comprising delegates representing the following categories:-…

• (b) civil society organizations;
• (f) people with special needs;
• (h) war widows, veterans and war wounded;
• (m) other categories to be determined.

Excerpts from the Transitional Constitution of the Republic of South Sudan (2011, last amended 2013)