On December 16, 2013, long standing political animosity between South Sudan’s Dinka President Salvar Kirr and his erstwhile Nuer deputy Riek Machar erupted into violent conflict that quickly took an ethnic dimension, as loyalist Dinka forces fought rebel Nuer forces seeking to oust President Kiir. Following a month of fighting and concerted international mediation, a fragile ceasefire agreement was signed between the parties on January 23, 2014 and peace talks are now underway. In the climate of mutual mistrust betwen the parties and a volatile political environment, mediators have warned of the challenges of implementing any resulting agreement. In addition, there is a potential threat to the rule of law and constitutional governance. The country has been governed on the basis of a Transitional Constitution (TC) which is not time bound, since gaining independence from the North in July 2011. Apparently, the absence of a time restriction on the validity of this interim document has weakened any sense of urgency in writing the permanent Constitution. The Kiir regime is even accused in some quarters of deliberately taking advantage of this situation to advance its own political ambitions to remain in power. What does the current conflict and political volatility mean for the constitution building process? How can the parties balance the need for constitution building, which must necessarily interact with the process of peacebuilding to find a long term solution to South Sudan’s transition crisis?