In the draft provisional constitution of Somalia Article 90 defines the roles and powers of the president:- 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; (c) 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; and (q) Sign international treaties proposed by the Council of Ministers and approved by the House of the People of the Federal Parliament. and then ways in which the president may loss of office:- Vacancy in the Office of the President of the Federal Republic of Somalia (1) If the Office of the President of the Federal Republic of Somalia falls vacant, the Speaker of the House of the People of the Federal Parliament shall act as President of the Federal Republic until such time as a new President of the Federal Republic is elected, within a maximum of thirty (30) days. (2) If the President of the Federal Republic suffers a terminal illness that is expected to lead to his or her death within a period of three (3) months and this is attested to by medical experts, the office of the President of the Federal Republic shall legally be deemed vacant. (3) The election of a President of the Federal Republic of Somalia to fill an office left vacant in accordance with Clause 2 of this Article shall be conducted in accordance with the presidential election procedure stated in Article 89 of the Constitution. (4) A President of the Federal Republic of Somalia elected in accordance with Clause 3 of this Article shall complete the remaining period of the term of the previous President. Article 100 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; (c) 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. Here we have the vacancy in the Office of PM:- 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. So the bone of contention is that here it says the prime Minister office can become vacant when hes dismissed by whom not clear? and this is where the problem stands in Somalia. So there are some ambiguities in the draft. Please you can check this to acquaint yourselves with the constitution. And a copy can be provided upon request.
Posted on: Fri, 15 Nov 2013 15:37:43 +0000