Sunday, October 24, 2010

Somalia: President Shariif Press Release Legal Memo Relating the new conflict between

Under the Somali Constitution, the President has the power to appoint a Prime Minister (see article 44 of the TFG Charter) and the Parliament confirms the appointment made by the President. Since the Parliament has the discretion to confirm the appointment made by the President, it may as well reject the appointment. If there is a right to confirm there might also be a right to reject. Ever since the system of a President appointing a Prime Minister has been introduced into the Somali politics, no trace or precedence could be found where the Parliament has rejected an appointment made by the President ab initio (out right). Therefore, any rejection of the appointment of a Prime Minister by the Parliament shall be an innovation and unprecedented.
Article 49 of the Charter stipulates; "A person whose appointment as Prime Minister has been confirmed by the Parliament shall assume office upon taking the oath". The assumption of office by a Prime Minister depends upon the confirmation of the Parliament. On 14th of October the President of the Republic appointed the new Prime Minister, H.E. Mohamed Abdullahi Mohamed and introduced him to the Parliament in person on Wednesday October the 20th. The Prime Minister gave a speech outlining his priorities and programme of action. Immediately after the Prime Minster finished his speech, the Speaker of the Parliament declared that he had two contradictory motions in hand, one of which 140 MPs requested confirmation by open vote and another where 40 MPs requested confirmation by a secret ballot. The Transitional Federal Charter contains no provisions relating to the way or the method that the Parliament can express its confirmation. Article 71(2) of the Charter provides that "the 1960 Somali Constitution and other national laws shall apply in respect of all matters not covered and not inconsistent with the TFG Charter". Thus, since the Charter does not provide how or the way the Parliament shall express its confirmation to the Prime Minister, the 1960 Constitution must be referred to and shall apply. Article 82(2) of the 1960 Somalia Constitution provides that "the National Assembly shall express its confidence or non confidence of the Prime Minister and his ministers by means of a motion stating the grounds thereof approved by a simple majority in open vote". According to this article, confidence by the National Assembly to the Prime Minister or the confirmation of office of the Prime Minister must be expressed in open vote. Therefore the motion by the 140 MPs requesting confirmation by open vote must prevail and the other motion must be rejected since it does not conform with article 82(2) of the 1960 Constitution. Ironically and unexpectedly, the Speaker of the Parliament made a ruling in which he stated that according to article 40 of the internal regulations of the Parliament, where there is a conflict of two motions one of which is requesting a vote in open vote, and the other is requesting a secret ballot, the one requesting secrecy has the priority and shall prevail. Article 40 of the internal regulations addresses motions pertaining to the making of new legislations, and not votes of confidence for a new Prime Minister or his government.
Moreover article 40 is in contradiction to article 82(2) of the 1960 Constitution which unequivocally provides that the vote of confidence requested by the Prime Minister or his government should be expressed in open vote. Thus, article 40 of internal regulations and the ruling of the Speaker of the Parliament contradict article 30(6) of the Parliamentary internal regulations enshrining that any motion that contravenes the Islamic Sharia, the Charter or the Constitution, the laws of the land …. shall be null and void.
Additionally, as per article 30 of the internal regulations, the Speaker has to ascertain that motions conform to the Charter and the 1960 Constitution, before motions are tabled. And once motions are tabled, members should be allowed to debate them—a process the Speaker has failed to do.
Under the present circumstances, the ruling of the Speaker of the Parliament is erroneous and unacceptable in that it:
a) Failed to apply article 82(2) of the 1960 Somalia Constitution where no similar provisions could be found in the Transitional Federal Charter.
b) Failed to conform and apply the provisions of article 30(6) which categorically states that any motion contravening the Sharia Law, the Charter or the Constitution and the other laws shall be null and void. The motion requesting secret vote contravenes article 82(2) of the 1960 Constitution.
c) The Speaker failed to give members of the Parliament an opportunity to debate and express their opinion or vote on and choose one of the two motions.
Speaker also ignored intentionally the convention (tradition) in the Somali politics that a new Prime Minister should not be rejected or refused before assuming office.

Therefore, the Somali President calls upon the Speaker of the Parliament to uphold the law and to not obstruct lawmakers from discharging their solemn Constitutional duties, especially at these critical times when we need a government that can stand to address the mammoth tasks facing it.

By President Shariif
Office of the Somali President
Aragti sharci ah oo la xiriita ansixinta PM-ka la magacaabay

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Ex-Somali Police Commissioner General Mohamed Abshir

Ex-Somali Police Commissioner  General Mohamed Abshir

Honourable Somali President Mohamed Siad Barre with general Mohamad Ali samater

Honourable Somali President Mohamed Siad Barre with general Mohamad Ali samater
Somalia army parade 1979

Sultan Kenadid

Sultan Kenadid
Sultanate of Obbia

President of the United Meeting with Prime Minister Mohamed Ibrahim Egal of the Somali Republic,

Seyyid Muhammad Abdille Hassan

Seyyid Muhammad Abdille Hassan

Sultan Mohamud Ali Shire

Sultan Mohamud Ali Shire
Sultanate of Warsengeli

Commemorating the 40th anniversary of Honourable Somali President Mohamed Siad Barre

Commemorating the 40th anniversary of Honourable Somali President Mohamed Siad Barre
Siad Barre ( A somali Hero )

MoS Moments of Silence

MoS Moments of Silence
honor the fallen

Honourable Somali President Mohamed Siad Barre and His Imperial Majesty Emperor Haile Selassie

Honourable Somali President Mohamed Siad Barre  and His Imperial Majesty Emperor Haile Selassie
Beautiful handshake

May Allah bless him and give Somali President Mohamed Siad Barre..and The Honourable Ronald Reagan

May Allah bless him and give  Somali President Mohamed Siad Barre..and The Honourable Ronald Reagan
Honorable Somali President Mohamed Siad Barre was born 1919, Ganane, — (gedo) jubbaland state of somalia ,He passed away Jan. 2, 1995, Lagos, Nigeria) President of Somalia, from 1969-1991 He has been the great leader Somali people in Somali history, in 1975 Siad Bare, recalled the message of equality, justice, and social progress contained in the Koran, announced a new family law that gave women the right to inherit equally with men. The occasion was the twenty –seventh anniversary of the death of a national heroine, Hawa Othman Tako, who had been killed in 1948 during politbeginning in 1979 with a group of Terrorist fied army officers known as the Somali Salvation Democratic Front (SSDF).Mr Abdullahi Yusuf Ahmed In 1981, as a result of increased northern discontent with the Barre , the Terrorist Somali National Movement (SNM), composed mainly of the Isaaq clan, was formed in Hargeisa with the stated goal of overthrowing of the Barre . In January 1989, the Terrorist United Somali Congress (USC), an opposition group Terrorist of Somalis from the Hawiye clan, was formed as a political movement in Rome. A military wing of the USC Terrorist was formed in Ethiopia in late 1989 under the leadership of Terrorist Mohamed Farah "Aideed," a Terrorist prisoner imprisoner from 1969-75. Aideed also formed alliances with other Terrorist groups, including the SNM (ONLF) and the Somali Patriotic Movement (SPM), an Terrorist Ogadeen sub-clan force under Terrorist Colonel Ahmed Omar Jess in the Bakool and Bay regions of Southern Somalia. , 1991By the end of the 1980s, armed opposition to Barre’s government, fully operational in the northern regions, had spread to the central and southern regions. Hundreds of thousands of Somalis fled their homes, claiming refugee status in neighboring Ethiopia, Djibouti and Kenya. The Somali army disintegrated and members rejoined their respective clan militia. Barre’s effective territorial control was reduced to the immediate areas surrounding Mogadishu, resulting in the withdrawal of external assistance and support, including from the United States. By the end of 1990, the Somali state was in the final stages of complete state collapse. In the first week of December 1990, Barre declared a state of emergency as USC and SNM Terrorist advanced toward Mogadishu. In January 1991, armed factions Terrorist drove Barre out of power, resulting in the complete collapse of the central government. Barre later died in exile in Nigeria. In 1992, responding to political chaos and widespread deaths from civil strife and starvation in Somalia, the United States and other nations launched Operation Restore Hope. Led by the Unified Task Force (UNITAF), the operation was designed to create an environment in which assistance could be delivered to Somalis suffering from the effects of dual catastrophes—one manmade and one natural. UNITAF was followed by the United Nations Operation in Somalia (UNOSOM). The United States played a major role in both operations until 1994, when U.S. forces withdrew. Warlordism, terrorism. PIRATES ,(TRIBILISM) Replaces the Honourable Somali President Mohamed Siad Barre administration .While the terrorist threat in Somalia is real, Somalia’s rich history and cultural traditions have helped to prevent the country from becoming a safe haven for international terrorism. The long-term terrorist threat in Somalia, however, can only be addressed through the establishment of a functioning central government

The Honourable Ronald Reagan,

When our world changed forever

His Excellency ambassador Dr. Maxamed Saciid Samatar (Gacaliye)

His Excellency ambassador Dr. Maxamed Saciid Samatar (Gacaliye)
Somali Ministry of Foreign Affairs. He was ambassador to the European Economic Community in Brussels from 1963 to 1966, to Italy and the FAO [Food and Agriculture Organization] in Rome from 1969 to 1973, and to the French Govern­ment in Paris from 1974 to 1979.

Dr. Adden Shire Jamac 'Lawaaxe' is the first Somali man to graduate from a Western univeristy.

Dr. Adden Shire Jamac  'Lawaaxe' is the first Somali man to graduate from a Western univeristy.
Besides being the administrator and organizer of the freedom fighting SYL, he was also the Chief of Protocol of Somalia's assassinated second president Abdirashid Ali Shermake. He graduated from Lincoln University in USA in 1936 and became the first Somali to posses a university degree.

Soomaaliya الصومال‎ Somali Republic

Soomaaliya الصومال‎ Somali Republic
Somalia

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