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Somalia: Clarification on legal issues By Parliamentary Speaker

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Tuesday October 26, 2010 - 05:48:44 in Latest News by Super Admin
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    Somalia: Clarification on legal issues By Parliamentary Speaker

    By Shariif Hassan

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By Shariif Hassan

OFFICE OF THE SPEAKER THE TRANSITIONAL FEDERAL PARLIAMENT

26th October, 2010

PRESS RELEASE

Subject: Clarification on legal issues

Following the statement released by the presidency indicating that the parliament has the powers of endorsement and rejecting prime minister designate, I wish to specify that respect to the law of the land is an obligation transcending beyond self desires and ulterior motives. The foundation of the transitional period is the Transitional Federal (TF) Charter, Internal rules of the Parliament, and other laws of the land, while the 1960 constitution is the second step should the rest fail to address issue under discussion.

There is no doubt, and in consistent with article 34 of the TF Charter that the parliament has the responsibility of electing the president, the speaker as well as vote confidence or no-confidence to the Prime Minister nominee. At the sametime para 1 (F) of the same article stipulates that the parliament is responsible for formulation of the House Internal Rules governing parliamentary business including matters on presidential and speakers election, and vote of confidence and no-confidence to the prime minister. In that respect Internal Rules is a complementary and defines the TF Charter which is the main instrument of the transitional period.

As a consequence of the above, the Speaker having read article 49 (1) of the TF Charter together with article 40 (3) of the Internal Rules stipulating that if 13 MPs submit a motion seeking secret ballot, priority has to be given to such a procedure and not acclamation. Voting for the Prime Minister cannot be conducted in acclamation as stipulated by article 34 of the parliamentary Internal Rules specifying that the procedure has to be secret ballot. It is stated in the same article as follows: -

“Government comprising the Prime Ministers, his deputies, Ministers, their deputies, programme and its structure has to be presented before the parliament and vote confidence requested within 30days starting from the date of the prime minister’s nomination. The parliament shall give its vote of confidence to the government in secret ballot with 50 + 1 of the house excluding the unoccupied seats.”

Article 40 of the Parliamentary Internal Regulation is not about legislation as noted in the press release from the president; rather it describes kinds of voting explaining acclamation and secret ballot in the regard. It is unfortunate that the president invested with the powers of safeguarding the laws of the land is committed to acclamation in denial of the legalized procedure of secret ballot, which is a blatant interference of the parliament and orderly flow of house business. The TF Charter, Internal Regulations of the Parliament and other laws of the land are of the agreement that MPs freedom is observed, and vote is conducted in an environment free from fear and pulling, that is unlikely to be realised unless the exercise is carried-out in secret ballot.

As specified in the statement from the presidency, the parliamentary shall give its vote of confidence or no-confidence with simple majority of the members present. In that regards, we remind the president that his statement is in violation of article 51 (1) of TF Charter, and article 34 (1) of the Parliamentary Internal Regulations stipulating clearly that the vote of confidence or no-confidence of the Prime Minister and government is 50+1 of the overall number of the parliament, and that sametime violates article 39 of the TF Charter stating that the president shall exercise his powers in accordance with the Charter and the laws of the land.

The President has carried-out his duties and appointed a Prime Minister, in that regards call on the head of state to give the parliament their constitutional rights to confirm his nominee or not. He has to abstain from pulling and unnecessary interference to allow the parliament implements its democratic rights. In that connection, we request him to ensure unity and better working relationship of the TFIs that has recently emerged from disputes. We have to respect the desire of the Somali public and continuous calls from the international community urging us to maintain cohesion and cooperation of the TFIs.

We appeal to the Somali public to avoid being carried-out into misguided mobilisations aimed to interfere with the smooth running of the house business. We also appeal to the Banadir Administration to limited themselves to their business and desist from inflammatory statement that is likely cause incitement. 

We appeal to the International Community including the UN, AU, IGAD, OIC, EU, US and entire partners of Somalia to intervene in the ongoing political dispute that if continues would cause serious wounds to the TFIs.

In conclusion, may i notify the lawmakers that the parliamentary session would be held on 24th October, and appeal for their attendance as such. We request AMISOM to strengthen the security in cognizant of emerging plots, and conspiracy that is reportedly orchestrated that is likely to build on crisis and chaos. We appeal to the international community to avail its support in peaceful and smooth running of the parliamentary business, and at the sametime send observers against planned vote of confidence for the prime minister designate. 

Office of the Parliamentary Speaker




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