President or Prime Minister Who Runs The Country? The Dr Is Confused

[Dr_Osman]

I have been reading the new constitution of Somalia and I am quite baffled to figure out who is the power the president or prime minister? It's not as straight forward as I thought.

 

I know Somalia is based on the famous 3 arms of separation of power.

 

1. Executive

2. Legislator

3. Judicial.

 

Very straight-forward stuff. Executive is the prime minister and he does the enforcing, the legislator is the parliament and he passes the bills, and the judicial is the courts to ensure it was done legit.

 

Now the big question is, who is the top dog of the government? As far as the constitution is concerned it calls the prime minister the head of government and executive while it calls the president head of state. Alot of what the president does is symbolic but there are some things in there which are not symbolic like chief of the armed forces.

 

Below is the duties of the of president;

 

Article 87. The President of the Federal Republic of Somalia

(1) The President of the Federal Republic of Somalia is:

(a) The Head of the State of the Federal Republic of Somalia;

(b) The symbol of the national unity;

© The guardian and promoter of the founding principles of the Constitution.

The powers and responsibilities of the President of the Federal Republic of Somalia are to:

(a) Declare a state of emergency and war in accordance with the law;

(b) Serve as Commander in Chief of the Armed Forces;

©

Appoint and dismiss the Commanders of the Forces at the Federal Government Level on the

recommendation by the Council of Ministers;

(d) Appoint the Prime Minister, and to dissolve the Federal Government if it does not get the

required vote of confidence from the House of the People of the Federal Parliament by a

simple majority (50% +1);

(e)

Dismiss ministers, state ministers and deputy ministers on the recommendation of the Prime

Minister;

(f) Sign draft laws passed by the Federal Parliament in order to bring them into law;

(g) Open the House of the People of the Federal Parliament;

(h) Hold an annual session with the House of the People of the Federal Parliament;

(i) Address the House of the People of the Federal Parliament at any other time;

(j) Appoint the chairman of the Constitutional Court, the High Court, and other judges at the

Federal Government Level in accordance with the recommendation of the Judicial Service

Commission;

(k)

Appoint senior Federal Government officials and the heads of the Federal Government

Institutions on the recommendation of the Council of Ministers;

(l)

Appoint ambassadors and high commissions on the recommendation of the Council of

Ministers;

(m) Receive foreign diplomats and consuls;

(n)

Confer State Honors on the recommendation of the Council of Ministers;

(o) Dissolve the House of the People of the Federal Parliament when its term expires, thereby

prompting new elections;

(p) Pardon offenders and commute sentences on the recommendation of the Judicial Service

Commission;

(q)

Sign international treaties proposed by the Council of Ministers and approved by the House

of the People of the Federal Parliament

Prime minister;

 

Article 97. The Council of Ministers

(1) The executive power of the Federal Government shall be vested in the Council of Ministers, in

accordance with the Constitution.

(2)

The Council of Ministers is the highest executive authority of the Federal Government and consists

of the Prime Minister, the deputy prime minister (s), ministers, state ministers and deputy-ministers.

(3) The Prime Minister shall appoint deputy prime ministers, ministers, state ministers, and deputy

ministers. Those eligible for membership of the Council of Ministers may be, but shall not be

limited to, members of the House of the People of the Federal Parliament.

(4) Vacancy in the office of the Prime Minister caused by the resignation, dismissal, failure to fulfill

responsibility, or death of the Prime Minister shall lead to the dissolution of the Council of

Ministers.

The responsibilities of the Prime Minister are to:

(a)

Be the Head of the Federal Government;

(b) Appoint and dismiss members of the Council of Ministers;

© Present the Council of Ministers and government program before the House of the People

of the Federal Parliament to seek their endorsement;

(d) Carry out any other function conferred upon him or her by the Constitution or by any other

law that complies with the Constitution and its underlying values.

I've highlighted the troublesome areas that I am confused about. Everything that is executive related the president can't do anything without the pm approval but when its symbolic stuff like foreign delegates, opening parliament there is no need for the p.m approval. Whats up with that?

 

Who holds the power in somalia today is it the head of state or head of government. We know exactly which is which according to the constitution. I am assuming its the executive but at the same time the president has the power to appoint the prime minister so it's a real gray area and has had me confused.

 

I know one thing the executive is the power of a government, there is no if's about that. But what confuses me is the president still appoints the executive so he does have power yet as soon as the p.m is appointed the president goes back to a symbolic role and can't do anything without the p.m approval. Its confusing as hell

[Positive]

The responsibilities of the Prime Minister are to:

(a)

Be the Head of the Federal Government

;

.

This can't be right: I'm not lawyer but this seems to be a mistake.

The words 'of the executive branch are omitted ( willingly or unwillingly ).

A correct way to say it is:.

 

The responsibilities of the Prime Minster are to:

 

a) Be the head of the executive branch of the Federal Government.

(b) Appoint and dismiss members of the Council of Ministers;

© Present the Council of Ministers and government program before the House of the People

of the Federal Parliament to seek their endorsement;

(d) Carry out any other function conferred upon him or her by the Constitution or by any other

law that complies with the Constitution and its underlying values.

 

The other points are clear and there is no visible confusion in them in my opinion.

 

The Awakener2

[Mario B]

Somalia is a Semi-presidential system. The president and the PM share the executive role...as President has the power to hire and fire the PM then he is the top dog in my book. What those divided responsibilities are, I do not know.

[Positive]

The president and the PM share the executive role

In my book the words 'of the executive branch' are omitted regardless.

 

But I'm not sure if what the Dr. Osman wrote in his query is correct; if it is correct and the executive role is shared then at the same time we see that the Constitution is conferring the responsibility of the head of the Federal government ( I read State in here ) to the Prime Minster.

 

In that case the distinction of responsibilities is unclear.

 

The Awakener2

[Jacaylbaro]

You will remain confused for the rest of your life ,,,,,

[Dr_Osman]

http://www.somaliweyn.com/pages/news/Aug_12/Somalia_Constitution_English_FOR_WEB.pdf

 

The link is there.

[Dr_Osman]

I am very confused.Because the president sole executive role is to hire the p.m thats it. Everything else he needs to take what the P.M says. He can't fire the p.m either u need half the parliament to fire the P.M, infact he cant even fire ministers without approval from the PM

 

e) Dismiss ministers, state ministers and deputy ministers on the recommendation of the Prime

Minister;

The only sole executive role of the president is to hire the p.m thats it. Thats why im confused. The president is called the head of state while the pm is referred to as the head of the government which explains why everything that is executive power falls into his lap however the appointment of the p.m resides with the president. Its like the president is picking his president..waa confusing

 

The p.m and president cant sack each other they both need to go the parliament to get half the parliamentary vote. But the only thing the president does that is executive without the PM approval is picking the PM which is where im confused. If that wasn't there then I would safely assume the PM is running the roost here

[Dr_Osman]

Even in af somali it says the prime minister is head of government.This is not a translation issue

Awoodaha Ra’iisul-wasaaraha waa:

(a) Madaxa Xukuumadda Federaalka ah;

Awoodda fulinta ee Jamhuuriyadda Federaalka ah waxaa leh Golaha Wasiirrada, waxayna u qabanayaan sida Dastuurka ku tilmaaman.

Wuxuu xilka ka qaadayaa Wasiirrada, Wasiiru-dawleyaasha, iyo Wasiir-ku-xigeennada, markuu soo jeediyo Wasiirka Koowaad.

Wuxuu magacaabaa Taliyeyaasha Ciidammada Heer Federaal iyo ka qaadista xilalkooda, markii ay soo jeediyaan Golaha Wasiirradu,.

Wuxuu magacaabaya jagooyinka danjireyaasha iyo qunsuliyadaha guud, markuu Golaha Wasiirradu soo jeediyo.

Wuxuu magacaabayaa jagooyinka sare ee Xukuumadda Federaalka iyo madaxda Hey’adaha Dawladda Federaalka, marka uu soo jeediyo Golaha Wasiirradu.

[Dr_Osman]

I think it is quite safe to say the president has no executive power at all and is not the head of government but the head of the state like queen elizabeth is the head of state in the u.k lakin fulinta waa david cameron

[Dr_Osman]

Its as if this constitution was written to make somalis run after the presidency and think president is the power of the state but once inside the president just defers the power of the govt to the PM.

 

(a) Madaxa Jamhuuriyadda Federaalka ee Soomaaliya;

Notice not one place in the dastur says that the president has executive power, infact his not even the head of govt but the state a symbol of the nation.

[Dr_Osman]

I think it is fair to assume that this sums it up.

 

(1) Awoodda fulinta ee Jamhuuriyadda Federaalka ah waxaa leh Golaha Wasiirrada, waxayna u qabanayaan sida Dastuurka ku tilmaaman.

(2)

Golaha Wasiirradu waa hay’adda fulinta maamulka ugu sarraya Dowladda Federaalka, wuxuuna ka kooban yahay Ra’iisul Wasaare

, Ra’iisul-Wasaare ku-xigeen/ku-xigeenno, Wasiirro, Wasiirro-Dawlayaal iyo Wasiirro-ku-Xigeenno.

The highest form of government. Prime minister can sack the ministers and below, the president cannot without getting approval from the prime minister. Infact the president cant name the general of the army without the prime minister approval. The only thing the president can do freely is host guests, open parliament, and stuff like that WHICH are symbolic stuff since his the head of state.

 

I dont know the only thing that confuses me is, why give him the right to appoint the p.m yet strip everything away from him dont make no sense at all.

[Dr_Osman]

Lets discuss this issue because need to know who is running somalia under our new constitution and government is it the president or the prime minister. I am 95% certain it is the prime minister because of the following reason;

 

1. He is the executive, so he does the hiring and firing of ministers and everyone except the president and speaker

2. He is referred to as the head of government

 

Even the PM is the only call the important parliament together the upper house

The Upper House of the Federal Parliament shall be convened for a special session whenever:

(a) Called by the Prime Minister;The Upper House of the Federal Parliament cannot be dissolved.

3. The president has no executive role other then being a head of state

4.

Vacancy in the office of the Prime Minister caused by the resignation, dismissal, failure to fulfill

responsibility, or death of the Prime Minister shall lead to the dissolution of the Council of

Ministers.

. I find this amazing too. The speaker can take over the presidency if its vacant and hold it in the interim but noone can hold the p.m spot in the interim since its the executive and the whole government collapses.

 

Wa in laga dooda arintan waaba dawlada somalia iyo nidaamkeeda

[Xaaji Xunjuf]

The presidential position is not symbolic i think the Prime Minister is the head of the Government running the governments daily affairs while the president is the head of state with executive power appointing ambassadors commander in chief of the Armed forces

[Naxar Nugaaleed]

You would think the elected official rather then the appointed one by said official would be the head of government. But not so, it's a weird cambo of Parliament/president/pm

[NGONGE]

^^ It's like Russia, saaxib. The PM is the Head of Government. However, he is (more or less) a civil servant chosen by the Head of the state. It's all about symantics, "Dr".

 

Bal imagine you had a secretary who runs all your business for you. She suggests that you should change the source of your daily supply of khat and recommends a new supplier. All you have to do is approve her recommendation or ask her to present you with more options. To make a recommendation is not the same as instructing.

 

The President holds all the aces because it is he who appoints people to all the major positions (constitutional court, armed forces, PM, etc).