The Transitional Somali Constitution

[QUANTUM LEAP]

Lets nip and tak the New transtional Constitution which to me makes the president the sole decision maker. Im wondering if the people drafting this articles thought of any future consequances as aresult of the decisions reached.

 

I believe the president has been given far too much powers here.

 

So fellow nomads shall we so what we are best at....

 

"20 CHAPTER SEVEN

PART II

 

THE PRESIDENT

 

ARTICLE 39

1. There shall be a President of the Somali Republic, who shall be

(a) The Head of State

(b) Commander - in – Chief of the Armed Forces

© Symbol of National Unity

2. The powers of the President shall be exercised in accordance

with the Charter and the laws of the land;

3. The President shall not hold any other office for gain.

ARTICLE 40

QUALIFICATIONS.

1. Any person shall be qualified and eligible to be elected the

President of the Somali Republic , if the person :-

(a) Is a citizen of the Somali Republic;

(b) Has attained at least 40 years of age.

© Is a practising Muslim whose parents are Somali

citizens

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(d) Is not married to a foreigner nor marry a foreigner

during his term of office.

(e) Is of sound mind and no criminal conviction for any

serious offence.

(f) Is of good character.

(g) Possess the capacity, competence and experience to

discharge the duties of the Presidency.

ARTICLE 41

ELECTION OF THE PRESIDENT.

1. The President shall be elected by Parliament through a secret

ballot, with a two-thirds (2/3) majority of its members in the

first round whereas in the subsequent ballots shall be by simple

majority.

2. In the second round of the elections, only the first six

candidates shall be eligible whereas in the third round only the

first two candidates shall be eligible for the final Presidential

election.

ARTICLE 42

OATH OF THE PRESIDENT.

Before assuming the office and duties of the President, the President

elect shall take and subscribe to the oath of allegiance. Such an oath

shall be for the due execution of his/her office in a manner prescribed

herein: -

“In the name of Allah I swear that I will discharge faithfully

all my duties as President in the interest of the people and

that I will abide by the Charter and laws of the Somali

Republicâ€.

ARTICLE 43

TENURE OF OFFICE.

(a) The President shall hold office for a term of four (4) years

beginning from the date on which he/she is sworn in as President

in accordance with the Oath of Office provided for in this Charter.

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The President shall, unless his/her office becomes vacant by

reason of his/her death, resignation or ceasing to hold office by

virtue of the provisions of this Charter, continue to hold office until

the person elected as President at a subsequent election assumes

office.

(b) The President shall be impeached for the violation of the Charter

only if a charge against him or her has been preferred to

Parliament.

© Where a motion for impeachment of the President is laid before

Parliament -

(i). The charge shall be preferred in a resolution moved after

at least fourteen (14) days notice in writing and signed

by not less than one-third of the total number of

members of Parliament of their intention to move such a

resolution;

(ii). An investigation shall be conducted of the charge

preferred or the cause of the charge and the President

shall have the right to appear and to be represented at

such investigation;

(iii). As a result of the outcome of the investigation, such

resolution shall be passed and voted by at least two-

third majority of the members of Parliament;

(iv) Such resolution shall have the effect of removing the

President from his/her office as from the date on which

the resolution is so passed.

ARTICLE 44

RESPONSIBILITIES OF THE PRESIDENT.

1. The President shall undertake the following State duties: -

(a) Address the opening of the Parliament;

(b) Address a special sitting of Parliament once a year;

© May address Parliament any other time;

(d) The President shall appoint the President of the Supreme

Court and other Judicial Officers on the proposal of the

Judicial Service Council;

(e) The President shall appoint persons to offices in the

public service and Heads of government organs on the

proposal of the Council of Ministers;

(f) The President shall appoint persons to be Ambassadors,

Diplomatic or Consular representatives to foreign

countries on the proposal of the Council of Ministers;

(g) The President shall receive foreign Diplomatic or Consular

representatives in the country;

(h) The President shall confer state honours on the proposal

of the Council of Ministers.

2. The President shall appoint and dismiss the Prime Minister

and/or dismiss the government if it fails to obtain the required

vote of confidence from Parliament.

3. The President shall dismiss Ministers and Assistant Ministers

on the proposal of the Prime minister.

4. The President shall have authority to: -

(a) Sign international treaties on the proposal of the

Council of Ministers and upon ratification by

Parliament;

(b) Assent and Sign into law, legislation passed by the

parliament and regulations and decrees approved by

the Council of Ministers;

ARTICLE 45

VACANCY IN THE OFFICE OF THE PRESIDENT

If the office of the President becomes vacant by reason of the resignation,

death or permanent disability of the President of the Republic, the

Speaker of Parliament shall with immediate effect exercise the functions

of the President and Parliament shall meet to elect a new President

within thirty- (30) days.

Comment:.."

 

 

For further clarification of the constitution check here

[Baashi]

QL this is a transitional constitution. It will expire in three years (not sure) and new permanent one will be drafted by special commission appointed by the president . So is not as bad as you might think. This one is negotiable.

[QUANTUM LEAP]

special commission appointed by the president

Bro Bashi the above doesnt re-assure moi as it already means parliament and Prime minister have no say in matters of great importance. Right now he already has far too much power at his disposal and the next one one just mirror if not just make him much more powerful and avery powerful president who doesnt do any consultations is bound to hurt many. I maybe just jumping the gun here but I believe every level of govt. should be involved in such important decision making process and let him be the last man to sign the collective.

[BN]

QL, I believe the upcoming revised consitution will have to pass through a nation-wide referendum or at least a vote within the assembly. And I am sure there will be wide ranging consultations before a final version is decided upon.

[NGONGE]

QL, this is mere decoration, saaxib. We’re talking about a country that had to deal with civil war for more than a decade. It was always going to be the case that whoever finally managed to be elected president would have huge powers. A rule by committee in a country like Somalia is unlikely to yield many results. The president has to have some leverage and power (in words at least) to control that country and steer it in the right direction. It’s not nice and it’s open to abuse but it’s the only way under the circumstances.

 

If it remains the same in ten or fifteen years of peace and stability, it will be the time to start worrying. Now though, what’s the worst that could happen that already has not?

[Gabbal]

We’re talking about a country that had to deal with civil war for more than a decade. It was always going to be the case that whoever finally managed to be elected president would have huge powers.

On the contrary Ngonge, any post-civil war Somali president doesn't have wide political room space or powers, because they would waste endless amount of time and energy not trying to tick off reer Qurac or reer Qansax as to have armed communities against them.

 

I say the Civil War has forever changed the political dynamics of the Somali people forever!

[miles-militis]

QL - My dear nomad, allow me to point you to a different direction. Under Somalia’s transitional charter, which mind you is a brushed up replica of the original charter of 1954, with the exception of its deviating from the traditional State mechanism and adopting federalism in lieu of centralist unitary system of government, the powers to be rests with the Executive Branch: the Premier.

 

The presidency indeed has perks and prerogatives, but mere, if anything and not as much, and certainly not the executive powers.

 

It is the interpreters of the charter who only single out a chapter, or an article, only to fail to fully absorb its provisions.

 

For instance,

 

CHAPTER EIGHT

PART III

THE EXECUTIVE

ARTICLE 46

THE PRIME MINISTER

1. The Executive power shall vest in the Council of Ministers.

 

2. The President shall appoint the Prime Minister who shall be the

leader and chair of the Council of Ministers.

DEPUTY PRIME MINISTERS AND MINISTERS.

 

3. The Prime Minister shall propose to the President names of

persons to be appointed Deputy Prime Ministers;

 

4. The Prime Minister shall propose to the President names of

persons to be appointed Ministers and Assistant Ministers;

 

5. Each Deputy Prime Ministers shall have a ministerial portfolio

and shall supervise a group of related ministries in the political,

social and economic sectors. Their specific duties shall be

specified by legislation.

 

ARTICLE 48

RESPONSIBILITIES OF THE PRIME MINISTER.

1. The Prime Minster shall have the following responsibilities -

 

(a) Preside over the meetings of the Council of Ministers.

 

(b) Be responsible for the promotion, co-ordination and supervision of government policy and general administration.

 

ARTICLE 49

TENURE OF OFFICE OF THE PRIME MINISTER.

1. A person whose appointment as Prime Minister has been

confirmed by the Parliament shall assume office upon taking

the oath hereunder.

 

“In the name of Allah I swear that I will discharge

faithfully all my duties as Prime Minister in the

interest of the people and that I will abide by the

Charter and laws of the Somali Republicâ€.

 

2. The term of office of the Prime Minister shall continue until:

(a) He/She dies, resigns or is dismissed from office; or

(b) Until another person is appointed to that office.

 

Now, a quick glance alters one’s perception, does it not? Do indulge me my dear fellow and do tell where lies the powers to be, is it with the Premier or with el Presidente? Perhaps with the latter. I think not! And if one inspects closely, with every gizmo of authority availed to the President, a subsequent conditional article deprives the President of the said power. Ever step the President assumes must be first approved by the Council of Ministers, and then sanctioned by the Council of MPs.

 

Cheers.

[wind.talker]

Originally posted by QUANTUM LEAP:

(e) Is of sound mind and no criminal conviction for any

serious offence.

(f) Is of good character.

Then, how the hell did Abdullahi Yusuf get the job? That's how you know this whole Mbegathi thing is corrupt.

 

Originally posted by BN:

..the upcoming revised consitution will have to pass ... at least a vote within the assembly.

No one can trust what these morrons in this so-called Parliament vote for. The large majority of them are uneducated and only looking out for themselves, sxb.

[QUANTUM LEAP]

This whole deal leaves one to wonder if there is any future for not only us but for our kids. Lets pray for the best. Personally this leaves a bitter taste in my mouth as I do think the people of Somalia who deserves the best may just have wrote themselves one bad deal and constitution without foresite.

[Alle-ubaahne]

I personaly realy oppose the entirety of this Constitution or the one to come, because they are all against the will of Somali people. I mean, our people need the Quran to become the Constitution of the country as well as the law of the land, period.

 

Qabiil and Qabyaalad can't be tackled unless we use our religion as an immediate solution to resolve this chronic cancer-like deceases of Qabyaalad.

 

I support the campaign of Sh. Axmed Daahir Aweys. So far, he is the Falluja-like soldier who strongly stood in defence of the interest of the Somali people. Ii kaadi bal, waala arki doonaa markii ay xabada dhacdo inaan meesha iska xaadiriyo! :mad:

[QUANTUM LEAP]

Oh dont forget Voodoooo if need be