THE EXECUTIVE
Part
One
Article 80: The President
and the Vice-President
The state shall have an
executive branch, which is separate and independent of the legislative and the
judicial branches.
Article 81: The Executive
Branch
The Executive Branch
(sometimes referred to as “the Government”), shall be headed by the President
and shall consist of:
· The President;
· The
Vice-President;
· The Council of
Ministers[1]
appointed by the President.
Article 82: The Conditions
for Eligibility for Election as President or Vice-President
To be elected as President
or Vice-President, a person must fulfil the following conditions:
1. He must be a citizen of Somaliland by birth, and, notwithstanding residence as a refugee in another country, must not hold any other citizenship,
2. He must be a Muslim, and must behave in accordance with Islamic religion.
3. He must not be
aged less than 40 years.
4. He must be
physically and mentally fit to fulfil his duties.
5. He must possess
knowledge of and experience in management (public and otherwise).
6. He must not have
been convicted by a court for an offence against the Somaliland nation.
7. His spouse must
be Muslim.
8. He must be fully
apprised of the realities of the country, having been resident in the country
for a period of at least two years before the date when the election is
scheduled to take place.
9. He must register
his private property.
Article 83: Election
Procedures
1.
The President and the Vice-President shall be elected jointly through a
direct general election by means of a secret ballot.
2.
The joint election of the President and the Vice-President shall be
based on the list system and shall take place a month before the end of the
term of office of the outgoing President.
3.
The outgoing President and Vice-President shall continue in office
until the new President and the Vice-President assume their offices within a
month (of the election).
4.
The two candidates in the list which obtains the highest number of
votes cast in the Presidential and Vice-Presidential election shall be
recognised as the successful candidates.
5.
If on the expiry of the term of office of the President and the
Vice-President, it is not possible, because of security considerations, to hold
the election of the President and the Vice-President, the House of Elders shall
extend their term of office whilst taking into consideration the period in
which the problems can be overcome and the election can be held.
Article 84: Oath of Office
of the President and the Vice-President[2]
Before the President and the
Vice-President can assume office, they shall be sworn at a ceremony attended by
the Speakers of the House of Representatives and the House of Elders and the
Chairman of the Supreme Court.
Article 85: Matters in which
the President and the Vice-President are not Allowed
1.
The President and the Vice-President and their spouses[3]
shall not engage in any business[4]
activities during their term of office.
2.
The President shall not be absent from the country for a period
exceeding 45 (forty five)[5]
consecutive days unless the absence is for reasons of health.
3.
All presents given, as a mark of respect for their office, to the
President, the Vice-President, their spouses and the senior officers of the
nation, who have a national standing, shall be the property of the nation.
Article 86: Vacancy of
Office and the Procedure for the President and the Vice-President to Vacate
their Office
The office of President or
Vice president may become vacant in the event of the one of the following:
1. Conviction of a criminal offence which leads to loss of office.
2. Inability to fulfil the duties of the office because of ill health.
1.
Death.
4. The President or the Vice-President may
forward his written resignation from office to the Speaker of the House of Representatives
and the Speaker of the House of Elders, and the two Houses may, in a joint
sitting, accept it or reject it by a (simple)
majority of their total membership.
2.
If the two Houses reject the resignation referred to in Clause 4 of
this Article, the President or the Vice-President shall have the right to
submit again his resignation within three months of the initial resignation
request, whereupon the two Houses shall be obliged to accept it.
Article 87: Salary and
Emoluments
The salary, emoluments and
the public property to which the President and the Vice-President are entitled
to shall be determined by law.
Article 88: Term of Office
1. The term of
office of the President and the Vice-President is 5 years beginning from the
date that they are sworn into office.
2. No person may
hold the office of President for more than two terms.
Article 89: Procedure for
Filling the Vacancy
1.
In the event of the one of the circumstances set out in Article 86
happening to the President within the first three years of his 5-year term of
office, the Vice-President shall act as a temporary President, and the election
of the President shall be held within six months.[6]
2.
In the event one of the circumstances set out in Article 86 happening
to the President within the last two years of his 5 year term of office, the
Vice-President shall assume the office of President for the remainder of the term[7],
and shall then nominate a Vice-President from among the members of the House of
Representatives subject to the approval of the two Houses. If the two Houses refuse to confirm the
nomination, he shall nominate another member (of the House of Representatives) within 30 days beginning from the
date of the refusal of confirmation[8].
The person so appointed shall serve (as Vice-President) for the remainder of the constitutional term of office and shall, at the same time, relinquish his membership of the House of Representatives.
3. Similarly, in the event of the one of the circumstances set out in Article 86 happening to the Vice-President, the President shall nominate a member of the House of Representatives as Vice-President, subject to the approval of the two Houses. The honourable appointee shall hold office for the remainder of the term of office, and his seat at the House of Representatives shall then become vacant. If the two Houses refuse to confirm the appointment, the President shall nominate another member within 30 days beginning from the date of refusal of confirmation by the two Houses.
2.
In the event of the one of the circumstances set out in Article 86
happening to both the President and the Vice-President at the same time, the
office of President shall be assumed temporarily by the Speaker of the House of
Elders. The election of the President
and the Vice-President shall then be held within 60 days beginning from the
date of the occurrence of the circumstance.
Article 90: The Powers of
the President
The President is the Head of
the nation and the state, and is the symbol of the unity of the citizens of the
Republic of Somaliland. He is
responsible for the care of the nation’s resources, the protection of the
peace, and the advancement of the society and the proper conduct of the
administration of the state. In order to fulfil these responsibilities, the President
shall have following powers:
1.
The leadership of the general policy of the Government.
2.
The appointment and removal from office of the members of the Council
of Ministers.
3.
Having consulted the appropriate Ministers and in accordance with the
Constitution and other relevant special laws, the appointment and removal from
office of the senior officers of the state.
Such senior officers of the sate are:
a)
the Auditor-General;
b) the Chairman of the Central
Bank;
c)
the Chairman and the Committee members of the Civil Service Agency;
d) the Chief Accountant;
e)
the Director Generals of the Ministries and the state organs and
agencies;
f)
the Commanders of the Armed Forces and their deputies;
g)
Ambassadors;
h)
the Attorney General; and
i)
any other senior officers (heads)
whose appointment or dismissal has been assigned to the President in accordance
with any law passed by legislative bodies.
4.
The leadership of the national Armed Forces as he is the
Commander-in-Chief.
5.
Without prejudice to the principles of just retaliation (Qisaas) and
the limits under Islamic Sharia, the exercise of pardon and amnesty, and the
grant of political asylum after consultation with the appropriate bodies.
6.
The signing of international agreements (and treaties).
7.
The participation in international conferences as representative of the
Republic of Somaliland.
8.
Holding audience for foreign diplomats and receiving their credentials.
9.
The appointment of Ambassadors representing the Republic of Somaliland
in foreign countries, international and regional organisations.
10. The granting of
awards and honours such as medals.
11. Leadership in
conditions of war, and at the same time, the proclamation of state of
emergency.
12. The
implementation of laws which do not fall within the jurisdiction of the
Judicial branch.
13. Any other powers set
out in the Constitution or any other laws.
14. The President shall fulfil his duties in accordance with the Constitution and other laws of the land.
Article 91: Powers of the
Vice-President
The Vice-President of the
nation shall have the power:
1.
To act as President in the absence or illness of the President.
2.
To undertake such duties as delegated to him by the President.
3.
To act[9] as President
in the event of the office of President becoming vacant because of the
following reasons:
a)
The resignation of the President;
b) the conviction of the
President for a crime which resulted in his loss of office;
c)
inability of the President to undertake the duties to which he was
elected because of ill health; and
d) death.
Article 92: Other Powers of
the President Relating to Emergency Laws
1.
In the event of the emergence of special circumstances which endanger
the security of the country, jeopardise law and order, create upsets in the
general stability or in the confidence in the economy, the President shall
issue emergency laws which are aimed at combating such special circumstances as
set out above.[10] If the two Houses are in session when the
emergency laws are issued by the President, he shall present the laws to them
within seven (7) days so that they can make their own resolutions. If, on other hand, the two Houses are not in
session, the Speakers shall call an extra-ordinary meeting within 14 days.[11]
The Government shall implement the emergency laws until such time the two
Houses have made their own resolutions.
2.
Emergency laws shall have the same effect as legislation passed by the
House of Representatives or the House of Elders, and shall come into force on
their signature by the President.
3.
Emergency laws shall be reviewed once every three (3) months[12]
by the two Houses whose resolutions shall be passed by a simple majority vote.
Article 93: Protocol of
Senior Leaders of the State
1.
The President and the Vice-President shall hold first position in the
protocol of the nation.
2.
The Speaker of the House of Elders shall hold the next position.
3.
The Speaker of the House of Representatives shall hold the third
position in the protocol of the nation.
Article 94: The Council of
Ministers
1.
The Council of Ministers shall assist the President in the fulfilment
of his duties and shall resolve collectively the general policies, planning and
programmes of the state.
2.
Ministers and Deputy Ministers
shall be appointed or dismissed by the President. Their appointments shall be
presented to the House of Representatives whose quorum shall be half of their
total membership plus one, and the House shall confirm or reject the
appointment, on a show of hands, by a simple majority vote.
3.
The Minister or Deputy Minister so appointed shall be sworn into
office, within thirty (30) days of the appointment being confirmed by the House
of Representatives, by the Chairman of the Supreme Court, in the presence of
the President or, in the latter’s absence from the country or illness, the
Vice-President.
4.
Ministers and Deputy Ministers
shall not hold any occupation other than that accorded to them by the nation.
5.
No person who cannot fulfil the conditions necessary for eligibility
for election to the House of Representatives[13]
shall be appointed as a Minister or a Deputy Minister.[14]
6.
A Minister may be responsible for one or more Ministries.
7.
The President shall preside over the ordinary and extra-ordinary
meetings of the Council of Ministers.
8.
No Minister or Deputy Minister may be detained unless caught in flagranto delicto in respect of an
offence punishable by imprisonment for three years or more, or the President
has removed his privileges after having been satisfied by proposals put to him
by the Attorney General.
Article 95: Continuation of
Responsibilities
1.
Any Minister or Deputy Minister who resigns or is dismissed shall
remain in office until such time his successor takes over the responsibilities
of the office.
2.
A Minister or Deputy Minister who is awaiting the handing over of the responsibilities
of office to his successor shall neither make any appointments nor enter into
any agreements on behalf of his Ministry.
Article 96: Accusation
against and Impeachment of the President, the Vice-President and the Ministers
1.
If the President and the Vice-President are accused of following
crimes:
a)
high treason, or
b) contravention of the
Constitution, the charges against the President or the Vice-President in
respect of the crimes in this Clause shall be laid by at least one third of the
members of the House of Representatives, who shall forward their charges to the
Speaker of the House of Representatives.
The House may approve of the charges on a majority vote of half of its
total membership, plus one (absolute majority).
2. The House of Representatives shall empanel a committee of ten members who shall prosecute the charges against the President or the Vice-President in front of the House of Elders, and may also engage independent counsel who can assist the House in the prosecution.
3.
The House of Elders shall consider the charges at a sitting chaired by
the Chairman of the Supreme Court, and shall hear the prosecution brought by
the committee on behalf of the House of Representatives. The President and the Vice-President shall
have their own defence counsel. The
House of Elders shall approve of the charges on a majority vote of two thirds
of its total membership.[15]
4.
If the Attorney General charges a Minister or a Deputy Minister with an
offence set out in Clause 1 of this Article, he shall forward the details of
the charges to the President. If the
President is satisfied with the details provided by the Attorney General, he
shall remove the privileges of the Minister or Deputy Minister. But, if he is not so satisfied, he shall
order the Attorney General to drop the charges.[16]
5.
The charges relating to the Ministers shall be tried by the High Court
of Justice which shall consist of the Chairman of the Supreme Court, four
judges of the Supreme Court and four members elected, two each, by the two
House of Parliament from amongst their members.
Part
One
The
Judicial Branch
Article 97:
1.
The state[17]
shall have a judicial branch whose function is to adjudicate on proceedings
between the Government and the public and between the various members of the
public.
2.
The Judicial Branch shall fulfil it duties in accordance with the
Constitution, and shall be independent of the other branches of the state.
Article 98:
1.
The Judiciary shall have the power to:
a)
interpret, in accordance with the Constitution, the laws passed by the
Constitutional bodies and emergency laws;
b) adjudicate on disputes
between the governmental bodies and the public and between the members of the
public;
c)
adjudicate on all disputes which relate to compliance with the
provisions of the Constitution
2.
A judge shall not engage in any other occupation whilst in office.
3.
The proper status of judges shall be determined by the law.
Article 99: The Structure of the Judiciary
1.
The Judiciary consists of the courts and the Procuracy[18].
2.
The judges and the members of the Procuracy are independent when
exercising their judicial functions and shall be guided only by the law.
Article 100: The Courts
The courts of the Republic of Somaliland shall consist of:
1.
the Supreme Court;
2.
the Appeal Courts of the Regions;
3.
the Regional Courts;
4.
the District Courts; and
5.
the Courts of the National Armed Forces.
Article 101: The Supreme Court
The Supreme Court is the highest organ of the Judiciary and is also at the
same time the Constitutional Court. In
addition to the Chairman, the number of judges in the court shall not be less
than four. A special law shall govern
the court.
Article 102: The Lower Courts
The appointment and the conduct of the work of the lower courts (the
Appeal Courts of the regions, the Regional and the District Courts) shall be
determined by a special law.
Article 103: The Procuracy
The Procuracy of the state shall consist of the Attorney General and
his deputies.
Article 104: The Courts and Procuracy of the Armed Forces
1.
The courts of the Armed Forces shall have special jurisdiction in
hearing criminal charges brought against the members of the armed forces in
peace or war.
2.
The courts and procuracy of the Armed Forces shall be determined by a
special law.
Article 105: The Appointment of the Chairman and Judges of the Supreme
Court
1.
The President, in consultation with the Judicial Commission[19]
and having considered the level of education, professional experience and good
character of the appointees, shall appoint the Chairman and judges of the
Supreme Court. The appointment of the
Chairman of the Supreme Court is subject to confirmation by the Houses of
Parliament at a joint sitting which shall be held within three months of the
date of the appointment. The highest ranking judge in seniority among the
Supreme Court judges shall act as the Deputy Chairman of the Court.
2.
No person who does not fulfil the following conditions shall be
appointed as Chairman of the Supreme Court:
a)
He must be a citizen of the Republic of Somaliland.
b) He must possess a university
degree in a recognised law course.
c)
He must have professional experience of not less than ten years[20]
in total; and must have worked as a judge and/or a prosecutor, and/or lawyer,
and/or law lecturer.
3.
The President may relieve the Chairman of the Supreme Court of his
duties but shall require the approval of the both the House of Representatives
and the House of Elders[21].
Article 106: The Relationship of the Judicial Bodies and
the Ministry of Justice
1. The Ministry of Justice shall be responsible for fulfilling the administrative decisions of the Judicial Commission.
2. The working relationship of the Ministry of Justice and the judicial organs shall be set out in a law.
MISCELLANEOUS
PROVISIONS
Article 107: The Judicial
Commission
1.
The Judicial Commission is the body which directs the administration of
the Judiciary, and shall consist of the following:
§ The Chairman of
the Supreme Court Chairman
§ The two Supreme
Court judges who rank highest in seniority Member
§ The Attorney General