Chapter IV (4). Somaliland Government (Form III History).

Formation, structure and functions of the Government of Somaliland.

Introduction.

Formation of the Republic of Somaliland.

Somaliland a former British Somaliland Protectorate broke-away from Somalia in 1991 and
continued its efforts to be separate country but has not been internationally recognized yet.
On 26th June, 1960, British Somaliland Protectorate gained its independence from Britain.
Five days later, on 1st July, 1960, united with Somalia without condition. To form the Somali
Republic in 1960-91.

What is the difference between protectorate and colony?

a) Protectorate.
A protectorate is a country ruled by other country to protect their land by bilateral
agreement. It also strong country protects land by other invaded foreigners. While

b) Colony.
A colony is a country invaded by a large power which established its own government
without agreement. It also a country conquered other land and ruled by force.

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Structure or Branches of Somaliland Government.

Somaliland Government is consist of the three major following branches:

1. The Executive Branch (President, Vice-president and Council of Ministers).

2. The Legislative Branch (The Upper House and the Lower House).
3. The Judiciary Branch (The Police and Courts).
Each branch of which functions independently from the others. The government runs under
the framework established by the Constitution of Somaliland, adopted in 2001. It is a unitary
state.

1. The Executive Branch. (Waaxda Fulinta).

The Executive Branch is consist of the President, the Vice-president and the Council
Ministers. The Somaliland President as head of state and government. The President and
Deputy-president are elected by the people no more than twice for a term of office of 5 years.
The President appoints and dismisses the ministers and other senior civil servants. The
President nominations must also be approved by Parliament. The system of Somaliland
Government adopted is a republic or Presidential system. The Republic of Somaliland is the
centralized government. The government runs under the framework established by the
Constitution of Somaliland, adopted in 2001.

The Presidential Election:

The following conditions are required for a person will be nominated as Presidential Candidate.

1. He must be a Muslim.
2. He must be a citizen of Somaliland by birth.
3. He must be physically and mentally fit to fulfil his duties.
4. He must be aged less than 40 years.
5. He must not been convicted by a court for an offence against the Somaliland Nation.
6. He must possess or own sufficient knowledge of experience and management.
7. Qualified to stand for election.
8. Nominated by a political party.
9. He must register his private property.

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Power and functions of Somaliland President:

Powers of the President:

1. Commander-in-chief of the Somaliland Armed Forces.

2. Power to exercise the executive authority of the republic.
3. Power of uphold and safeguard the constitution and sovereignty of the republic.
4. Power of nominate, appoint, or dismiss cabinets, judges or supreme courts.
Function of the President:

1. He chairs cabinets meeting.

2. He receives foreign diplomatic and consular representatives.
3. He directs and coordinates the function of ministries and government department
4. He declares a state of emergency.
5. He declares war with the approved of Parliament.
Function of Deputy President or Vice-president:

1. The principle assistant of the president.

2. Act as a president when the president is absent.
3. Performs any other function assigned by the president.
Function of the Council of Ministers or Cabinets:

1. Council of Ministers Assist and advise the President.

2. They carry out on the day-to-day running of the government.
3. They provide parliament with full and regular reports concerning matters under
their control.
4. They discuss matter of the national and international importance.
5. Ensure government policy is implemented by the civil servants.
2. The Legislative Branch (Waaxda Sharci-dejinta).
The Legislative Branch or Parliament consist of two chambers: the House of Elders and the
House of Representatives. Both of which have 82 members.

The members of the House Representatives are elected by the people for a five years term.
As was the case for the first time in the 2005 elections and the last was 2021. The seats are
distributed by administrative regions as shown in the table below:

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 Electoral Region of the House of Representatives Seats
1. Adal Region 13
2. Sahil Region 10
3. Marodi-Jeh Region 20
4. Togdheer Region 15
5. Sool Region 12
6. Sanag Region 12
Total of the House Representatives 82 members.

a. The House of the Representatives (The Lower House). (Golaha Wakillada).

The House of Representatives also known as is the Lower House of the bicameral Parliament
of Somaliland, with the House of Elders being the Upper House. They consist of 82 Members.
The interim House of Representatives was formed in 1991 and driven by the Somali National
Movement (SNM). The Somaliland National Charter of 1993 established bicameral
legislature. The House of Representatives is described in Article 39 the Constitution as the
first part of the country’s legislative body passing laws.

Functions of the House of Representative of Somaliland.

1. To approve, reject or amend the government’s annual budget.

2. All appointment to be confirmed by them.
3. To inspect annual expenditure reports that is executive is obligated to prepare.
4. To make laws of the country.
5. To make amendments on laws.
6. They ratify international agreements.
7. They have the power to debate and comment the agendas of government.
b. The House of Elders. (The Upper House of the Parliament). (Golaha Guurtida).
The House of Elders also known as is the Upper House of the Parliament of Somaliland. They
consist of 82 members, representing traditional leaders. The House of Elders is mandated
with considering bills proposed by the Lower House of the Parliament of Somaliland. The
term of office for the House of Elders is 6 years, but it has never been re-elected since it was
founded in 1993 in Borama National Grand Conference.

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Functions of the Somaliland House of Elders.

1. They secure peace in Somaliland people.

2. They responsible for laws relating to security, Islamic Region and culture.
3. They determined time of election if it delay of mandate election.
4. They can add extension mandate institutions of Somaliland Government.
5. They oversees expenditures of national revenue allocated to the country governments.
3. The Judiciary Branch (Waaxda Gar-soorka).
The Somaliland Judiciary Branch consist of the courts and police or the Attorney General’s
Office. The state has a Judicial Branch whose function is to adjudicate between the
Government and public and between the various members of the public. It independent of
the other branches of the country.

The Judiciary has the powers:

1. To interpret laws in accordance with Constitution.

2. To adjudicate on disputes between the governmental bodies.
3. It the laws passed by the Constitutional bodies and emergency laws.
Somaliland Courts of Laws.

The Somaliland National Courts are consist of:

1. The Supreme Court of Somaliland or the High Constitutional Court.

2. The Appeal Court
3. The Regional Court
4. The District Court
5. The Court of National Army Forces.
1. The SL Supreme Court or the High Constitutional Court. (Maxkamadda Sare JSL).
The Somaliland Supreme Court, is also known as the Constitutional Court of Somaliland.
The Supreme Court of Somaliland, is highest judicial organ in the country. It consist of the
Chairman and at least 11 judges. The Supreme Court is headed by the Chief Justice of
Somaliland, who appointed by the President of Somaliland. The currently Chairman of the
Supreme Court is Aden Haji Ali Ahmed.

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The Supreme Court Justices and Chairman are appointed by the Judicial Commission which
was set up under Article 105 of the Somaliland Constitution, but in respect of the Chairman,
the appointment must be confirmed at a joint sitting of both Houses of Parliament. The
President may dismiss the Chairman of the Supreme Court subject to the approval of
Houses.

Functions of the Somaliland Supreme Court:

1. It interpret the provisions of the Constitution and other laws of the Somaliland.
2. All appeals from the Appeal Courts.
3. Declaration of General Presidential and Parliamentary Election results.
4. Jurisdictional issues between the courts of the Somaliland.
5. Decisions any complaint relating to election.
6. It administrative cases relating to the final decisions of public bodies.
7. It reach decisions on court which are challenges as being contrary to the Constitution.
8. Reviews of its own decisions.
2. The Regional Appeal Courts of Somaliland. (Maxkamaddaha Racfaanka JSL).
The Appeals Courts of Somaliland deal with all appeals from the District and Regional
Courts. The Appeal Courts most located in each region of Somaliland 6 major regions. The
Chairman of the Appeals in each region acts as the head of the judiciary in that region. Each
Appeal Court is divided into following sections: the General Appellate Section, the Assize
Appellate, the Juvenile Section and the Taxation or Financial Section.

1. The General Appellate Section: it deal with all other civil and criminal appeals.
2. The Assize Appellate Section: It deals with appeals from the Regional Assize Courts,
which are heard by Chairman and two Appeal Judges and two assessor with
knowledge of Sharia Law.
3. Juvenile Section: is a section detained children committed crimes by young who are
under age.
3. The Regional Courts. (Maxkamaddaha Gobollada).
The Regional Courts are located every 6 major regions of Somaliland. The six major regions
are: Awdal, Marodi-Jeh, Sahil, Sool and Sanaag. The Regional Section of this court deals

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with crimes punishable by imprisonment for period between 3 to 10 years. Which is head by
a regional judge.

Functions of the Regional Courts.

1. All civil and criminal cases, which do not fall within the jurisdiction of the District
Court.
2. It punishes criminal by imprisonment for period between 3 to 10 years.
3. All claims under the labour or commercial law.
4. Any claims arising out the Local Government elections.
4. The District Courts. (Maxkamaddaha Degmooyinka JSL).
The District Courts are located every district in Somaliland. They deal with the civilian cases.
Which are primarily matters relating to family law and succession. The court shall have a
Juvenile Section which deal with criminal cases committed by juvenile offenders and which
are punishable with imprisonment of not more than 3 years or penalty of not more than 3
million SL.SH are heard by Chairman of the District Court and two assessors. They have
knowledge of the Sharia Law.

Functions of the District Courts.

1. All claims based on Sharia or Islamic Law.

2. Civil cases concerning suits for amounts up to 3 million ($350) Somaliland Shillings.
3. Criminal cases punishable by imprisonment for up to 3 years penalty up to 3 million
SL.SH.
4. Any claims arising out of Local Government elections.
5. The Courts of the National Army Forces.
The Courts of the National Army Forces heard criminal cases brought against armed forces
during peace or war.

Somaliland Attorney-General Office. (Xafiiska Xeer-ilaalinta JSL).

The Somaliland Attorney-General Office is providing efficient and professional prosecutions

and legal service. The main role of procure is to supervise the observance of the law by all
government ministries as well as by all citizens.

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Functions of Attorney-General Office.

1. To keep independent justice and legal affairs.

2. To prosecute criminal cases in the country.
3. To respect Constitution and other customary laws of the country.
4. To protect citizens’ rights.
5. To safeguard administration of criminal justice.
The National Attorney-General of Somaliland. (Xeer-ilaaliyaha Guud ee Qaranka SL).

The Attorney-General of Somaliland is appointed by the President and approved by the

House of Representatives. The Attorney-General and his Deputy acts on behave of the state
in the prosecution of criminal cases in front of the law courts in the country. In addition, to
broadly administering and facilitating justice throughout Somaliland.

Functions of the National Attorney-General of Somaliland:

1. To summit charges against members of Judiciary Branch.

2. To prosecute national legislators accused crimes.
3. To bring charges against Cabinet of Ministers and other senior of servants.
4. To observe of the law by all government ministries.
What is a constitution?

A constitution is a set of fundamental rules that determine how a country or state is run. A
constitution is the rule book for a state. Also a constitution is a statement of the basic
principles and laws of a state. Such as: Republic of Somaliland.

The Constitution of Somaliland since 2001.

The Constitution of Somaliland is the supreme source of National law of Somaliland. It was
adopted by the two Houses of the Parliament of Somaliland on 30th April, 2000. The
Constitution was approved in a referendum held on 31st May, 2001. When 97% of the voters
in its favoured yes! It consist of five main chapters. Each of which sub-divided into parts.
There is now a total of 130 Articles. As compared to the previous National Charter 156
Article. The Somaliland National Charter, which was signed at the Borama Grand
Conference of the Somaliland Communities in 1993.

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Somaliland National Army Forces.

The Somaliland National Army Forces are consist of the Somaliland National Army Force,
the Somaliland Coast Guard, the Somaliland Police Force, the Somaliland Custodial Service,
National Intelligence Service…These are national security organs which provide internal and
external security or protect the country from external attack enemies. They help to maintain of law
and order and held to promote rule of law.

The Somaliland Police Force since 1993.

The Somaliland Police Force is a body responsible for law enforcement in the Republic of
Somaliland. The Somaliland Police falls under the Minister of Interior. It also works closely
with the Criminal Investigation Department (CID), Traffic Police and the Military Force.

Functions of the Somaliland Police Force:

1. To maintain law and order by prevented and detecting crimes.

2. To collect and evaluating intelligence information and document for fighting crimes.
3. To carry out criminal investigation, patrolling and traffic management.
4. To maintain in-coming and out-going traffic at border and entry points.
5. To arrest suspected criminals and taking them before a court of law.
6. To collaborate with Interpol Police in fighting international crimes.
 Interpol is abbreviated from the International Criminal Police Organization, is an
international organization that facilitates World-wide co-operation and crime
control. It was founded on 7th September, 1923 in Vienna in Austria. It’s headquarter
is Lyon in France.
The Somaliland Defense Army Forces.

The Somaliland Defense Army Forces are consist of the Somaliland Military Force and the
Somaliland Navy Force or Coast Guard Service.

Functions of the Somaliland Defense Forces.

1. To defend Somaliland from any external aggression and resist actual invasion.
2. Sometimes the Somaliland Military Force used to assist Police Force.

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 3. The Navy Force has the responsible for patrolling Somaliland’s territorial waters
and defending seaborne invasion.
4. It also the Coast Guard Force has responsible for illegal fishing and over-fishing.
The Somaliland National Electoral Commission (NEC).

The Somaliland National Electoral Commission is consist of seven members in line with
Article 11 of the 2001 Election Law. The three of them members are nominated by the
President Somaliland two members are nominated by the House of Elders and the remaining
two members were nominated by the registered two opposition political parties. The
nominated of seven members are then confirmed by the House of Representatives of
Somaliland Parliament.

The first National Electoral Commission (NEC), set up from 2002 to 2007. It succeeded in
holding the series of democratic elections which started with the first Local Election in
December, 2002, followed by Presidential Election in April, 2003 and Parliamentary or the
House of Representatives Election in September, 2005.

Functions of the Somaliland National Electoral Commission (NEC).

1. To conduct free and fair elections by secret ballot vote.

2. To conduct and supervise elections and referendums.
3. The continuous registration of voters.
4. The regular revision of the voters roll.
5. It registers candidates for election.
6. It develops a code of conduct for candidates and parties contesting for elections.
7. It facilitates the observation, monitoring and evaluation of elections.
8. It settles electoral disputes arising from nominations.
9. It administrated an independent and transparent election.
Registration as a voter.

In order to vote during an election referendum, one must be registered as a voter. In order
to be registered, a person has to fulfill the following conditions:

1. Be a Somaliland citizen.
2. Be a 16 years-old of age and above.

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 3. Be of sound mind or mentally fit.
Importance of government.

1. Government establishes justice and equality.

2. It keeps security and stability in the country.
3. It provide public service like: health, education, water, housing and etc.
4. It protects both inside and outside enemies.
5. It promote and maintain country’s economy.
6. It provides good leadership.
7. It protects citizen’s freedom of speech.
8. It builds infrastructures of the country. Like: roads, bridges, railways and etc.
9. It fights for unemployment of a country and create for jobs.
10. It helps us retire with dignity.
Independent Somaliland National Agencies.

1. Somaliland Central Bank.

2. Somaliland Civil Service Institute (CSI) since 1993.
3. Somaliland Civil Service Commission (CSC).
4. Somaliland National Electoral Commission (NEC).
5. Somaliland Civil Aviation and Airports Authority.
6. Somaliland Fire Brigade or Fire Fighters Army.
7. Somaliland National Intelligence Agency (SNIA).
8. Somaliland National Displacement and Refugee Agency (SNDRA).
9. Good Governance and Anti-Corruption Commission of Somaliland.
10. Somaliland National Tender Board (Guddida Qandaraasyada Qaranka JSL).
11. Somaliland Auditor General Office. (Xafiiska Guud ee Hanti-dhawrka Qaranka).
12. Somaliland Solicitor General Office. (Xafiiska Garyaqaanka Guud ee Qaranka JSL).
13. Somaliland National Commission for Higher Education since 2011.
14. Somaliland Roads Development Authority.
15. Somaliland National Disaster Preparedness and Food Reserve Authority (NADFOR).
16. Somaliland National Human Rights Commission.
17. Somaliland National Printing Agency since 1997 (Madbacadda Qaranka JSL).

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 18. Somaliland Energy Commission.
19. Somaliland Quality Control Commission (Hay’adda Dhawrista Tayada Somaliland).
20. Somaliland Port Authority.
21. Hargeisa Water Agency since 1974. (Wakaallada Biyaha ee Hargeysa).
Exercise or Re-view Questions.

1. Discuss the formation of Somaliland Government?

2. Differentiate protectorate and colony?
3. List the major branches of Somaliland Government and explain one by one?
4. State any four requirements need a person will be nominated as Presidential Candidate?
5. List the three of them powers of the President of Somaliland?
6. Mention the four of them functions of the Somaliland President?
7. List the three of them functions Deputy-President?
8. State any four of the functions Council of Ministers of Somaliland?
9. List the Six major Electoral of the Representatives?
10. State any four of functions of the House of Representatives of Somaliland?
11. Mention the three of them functions of the House of Elders?
12. State any three functions or powers of Judiciary Branch?
13. List five major courts of Somaliland?
14. Explain the Somaliland Supreme Court?
15. Mention three major functions of the High Constitutional Court?
16. Describe the Appeals Courts of Somaliland?
17. Explain Regional Courts and list three her major functions?
18. Define the District Courts and mention three her major functions?
19. Discuss the Somaliland Attorney-General Office and list four his major functions?
20. Explain the National Attorney-General of Somaliland and mention three his major
functions?
21. Define the term of Constitution?
22. Describe the Constitution of Somaliland?
23. List the five of them Somaliland National Forces?
24. State any four of functions of Somaliland Police Force?
25. Explain the Somaliland Defence Army Forces?

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 26. Outline the four of them Somaliland Defence Force?
27. Discuss the Somaliland National Electoral Commission (NEC)?
28. Mention the five of them functions Somaliland Electoral Commission (NEC)?
29. List the three of them conditions must to be fulfil registered vote person?
30. State any six importance of government?
31. Mention the ten of them Independent Somaliland Agencies?
The end!

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