Supreme Court Chief Ilko Xanaf: Pres wrong, PM true power

[The`Republic]

Who knew this day would come?

When a true debate begins about the constitutional roles of Somalia's leadership.

It was last night when Speaker of Parliament Jawaari gave the perception he agreed the PM should come to Parliament to address the crisis

And now Supreme Court Chief Ilko Xanaf says true power in the constitution lies with the Prime Minister and the President is a role of weak figurehead. He also laughs at the idea a President can ask PM to resign, he says PM only answers yo Somali people through being brought to Parliament

[The`Republic]

Ilko Xanaf (Isaaq/Habar Yoonis) is Supreme Court Chief...he says in the constitution the only power President has is to name Prime Minister

ONCE a president names a Prime Minister, the Prime Minister is legally enshrined with all the powers. He says "president is expected to get out of the way".

Our "president" is basically Queen Elizabeth in England. ..symbolic head of state

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[The`Republic]

Saacid in the past year hurt the role of PM and checks and balance but whether he leaves now or doesn't, his stand no is a game changer that is bringing things back to equilibrium

[Twisted_Logic]

You are doing selective reading of the chief justice's argument. What he says is that in parliamentary democracy, the party with the most seats in the parliament selects the Prime Minister & he yields most of the powers with the president being ceremonial.

But in the Somali context, there are no parties, the president campaigns & after victory he (not the parliament) selects the Prime Minister. Since this is the political context it becomes difficult for an elected official to have LESS powers than an official he/she selected & this is the essential controversy in Somalia today. People think that a none elected official should wield more powers than an elected official. It's undemocratic & should be reversed to avoid these recurring problems.

[SultanOrder]

You are doing selective reading of the chief justice's argument. What he says is that in parliamentary democracy, the party with the most seats in the parliament selects the Prime Minister & he yields most of the powers with the president being ceremonial.

But in the Somali context, there are no parties, the president campaigns & after victory he (not the parliament) selects the Prime Minister. Since this is the political context it becomes difficult for an elected official to have LESS powers than an official he/she selected & this is the essential controversy in Somalia today. People think that a none elected official should wield more powers than an elected official. It's undemocratic & should be reversed to avoid these recurring problems.

I agree wholeheartedly, we should have a President/VP, and then we wouldn't have to deal with issues like this every year. But as it stands that is not what the constitution says. People think the PM should have more power because that is what the constitution says. So when the President swears to uphold the constitution, he is swearing to renegade most of his authority and powers to the person he deems most fit. That same constitution does not allow him to sack the PM either.

TL your argument is valid on how it should be, but what about how it is currently is?

[Twisted_Logic]

The current constitution combines presidential system with parliamentary democracy & it is the serious ambiguities it carries is the basis for the whole problem. But the current constitution is not complete & even it doesn't place more powers on the prime minister.

[SultanOrder]

Unless we have an actual party system, we basically have a Presidential system. The biggest coalition will be able to bring forth their candidates for PM to the President and they will vote him in.

[Twisted_Logic]

Unless we have an actual party system, we basically have a Presidential system. The biggest coalition will be able to bring forth their candidates for PM to the President and they will vote him in.

I agree. But in parliamentary democracy, the president has no say on PM. Winning party selects their guy & it's done. But on downside, corrupt & shady individuals can easily lead the nation without being voted to office as often happens in Asia & the UK

[metamorphosis]

Somalis are not ready for democracy yet. I am not sure if half of those guys understand what their jobs are.

[The`Republic]

Hey Twist, how is it going bro?

I think we have had three discussions on this issue even before the current government, so it is pointless to rehash. My understanding is we have different interpretations of the constitution.

If you lool at the Supreme Court Chief, he actually supports the argument that I have always held---the President is a symbolic figurehead and the Prime Minister is the legally empowered executive.

Obviously he agreed with me in the context of highlighting an ambiguity and a friction point but the agreement is unmistakable. Lile you noticed, he said in the NORMATIVE PROCESS the PM is the head of the largest party or coalition in Parliament without even needing President to volunteer.

But in our process without formed political parties, the President is given the power to name a PM----who then turns out to be more constitutionally empowered than the man who named him. Ilka Xanaf is saying this has proven to be a serious disconnect with a way a third world society views things.

Regardless, that is our current reality as is in the form of our current constitution which the current President, Parliament, and political dispensation run on.

I mean even here the President asked PM to resign because the President could not get his voice in new cabinet being drafted by an increasingly assertive PM.

The President has no legal recourse to get what he wants UNLESS he is on goodwill with the one legally exercising those executive duties.

[sahal80]

I'm not saying that pm saacid is wrong but this is a political issue


Like syrians say; haati minal akhiir/warka dhan gadal ka keen

Somalia is not a constitutional country, not yet even this consitution is fully ready

Somalia has a clan system and a political groups

According to the same constitution, the president can appoint a pm from his clan but this is againist the current political clan system wich is based on an old reconciliation...

Where was saacid in a whole year? He agreed every thing he is now againist it

A political group has picked him for his connections and background that is closer to their agenda now he is againist to include them in his new cabinet after they had some problems

They even control his cabinet who have financial and background connections to them

This political group believes that they can bring him down in the same way they brought him...

The whole somali political system is based on these tactics and the stronger will survive.

[hargaysaay]

"How can an elected Leader have less powers than a statesman he chosen" ? . Well it depends , Considering how fucked up we are why would we even
add insult to the injury ,by allowing unprofessional , unprincipled people represent Us and they select a President who then selects his Future Cat fight
contender .

[LeJusticier]

"How can an elected Leader have less powers than a statesman he chosen" ? . Well it depends , Considering how fucked up we are why would we even
add insult to the injury ,by allowing unprofessional , unprincipled people represent Us and they select a President who then selects his Future Cat fight
contender .

Back to topic, dear WALO you have serious constitutional loopholes.

We have become accustomed when creating government for Somalia, is what few political elite – parasitic wanted, not the people. Political elite – parasitic hide behind unelected Somali parliament.

my two cents
Le justicier

[BigBreak]

until somalia gets a working party system, u'll see presidents looking to have executive powers. france is the model somalia should look at for pres/pm relations

[original dervish]

Throw him under the bus already....and select the next hand puppet.