EDITORIAL | Somalia’s presidency is maybe probably the most unpredictable on the continent, as we noticed final month when Hassan Sheikh Mohamud took management.
But why does the place have so many limitations on what to do? The Somali president, for instance, can not appoint ministers or select ambassadors overseas.
In different phrases, what’s the constitutional logic behind this concept of limiting Somali presidents to a single govt energy: appointing and appointing a primary minister.
“After Allah the Almighty, all power belongs to the people and can only be exercised in accordance with the Constitution and through competent institutions,” reads Article 1.2 of the Provisional Constitution of the Federal Republic of Somalia.
These establishments involved embrace the presidency, the federal parliament, the judiciary and different our bodies created in accordance with the legislation. It merely signifies that the nation can not function on the whim of an particular person.
Yet many Somalis should want to borrow from the US authorized system, and even nearer to dwelling, Kenya or South Africa, thought of to be probably the most progressive constitutions of our time.
But Somalia has a federal authorities, with a parliamentary system, not a presidential one. It borrows partly from Ethiopia, Italy and Finland. This signifies that the nation has a kind of presidency with a president as head of state with out govt energy and a council of ministers headed by a primary minister with govt energy, as said in article 97.
Thus the pinnacle of the Somali federal authorities is the PM and never a president, as indicated in article 100 of the provisional structure.
There is all the time a catch, nonetheless. Countries with authorities programs like Somalia have to be led by those that maintain govt energy and who should promise to uphold the legislation. According to the interim structure, each govt process like managing safety, drought, economic system, training and well being carries heavy duty in the direction of the Somali folks.
Article 69c states that: “The House of the People has the constitutional power to summon the Prime Minister, the members of the Council of Ministers and the presidents of the commissions and independent offices…” to elucidate sure selections or omissions as a result of their work.
On the opposite hand, the president and his collaborators can not be summoned and held accountable by the federal parliament, since they aren’t members of the manager department. In return, also they are not allowed to be concerned in govt actions.
Moreover, the entire President’s constitutional powers and duties (as outlined in Article 90 of the Provisional Constitution) are nominal, apart from the appointment of a Prime Minister, which Parliament should then approve.
The president doesn’t have the constitutional energy to reject appointments of civil servants, ambassadors, or army generals authorised by the Cabinet. Its constitutional position is to comply with the due means of the structure and to nominate them by decree after the approval of the council of ministers.
In addition, if the President is absent from the nation or unable to carry out his duties as a result of sickness or another purpose, the Speaker of the House of the People shall assume the presidential duties. However, this has nothing to do with the administration of the nation, which is the constitutional duty of the Council of Ministers headed by the Prime Minister. The solely constitutional duty that the president assumes on this context is the position of the pinnacle of state, because the provisional structure says, and never an alternative to the position of the council of ministers.