Somaliland Supreme Court passes down bold ruling on government-political parties impasse', quashing Madasha legality

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July 23, 2015 in English News by Staff SLL Media
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    Somaliland Supreme Court passes down bold ruling on government-political parties impasse', quashing Madasha legality

    Somaliland Supreme Court passes down bold ruling on government-political parties impasse', quashing Madasha legality

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Somaliland Supreme Court passes down bold ruling on government-political parties impasse', quashing Madasha legality


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Chief Justice Adam Haj Ali

The Somaliland High Court, today, passed down a ruling that both the government and the two national political parties welcomed.

The Court reached a verdict on a file suit the political parties submitted to the bench relating to and covering, basically, two areas: (a) that the parties, towing their Madasha ally, could hold meetings, rallies and support-based conferences in hotels which the government ruled out earlier, and (b) that they find a legal platform for what they termed as a ‘national consultation conference’ that they called for to challenge the government’s legitimacy beyond 27 July on which date its elected tenure in office comes to an end, and to annul the House of Elders’ extension of term it announced.11693881_931460770233820_6665082660265572653_n

Opposition party leaders leave the court not yet sure of their stand

The Chief Justice, the Hon. Adam Haj Ali, heading the five-member Court panel. read out the five-point ruling. The ruling, in essence, maintained a fair balance in a difficult, volatile political situation although it posed no immediate threat to the country’s commendable track record in sustaining peace and stability in an unpredictable region.

The Ruling

(1) In accordance of Articles 22, 23 (2) of the national constitution and other derived, compatible by-laws, the two political parties of UCID and Waddani have the right to hold constitutionally consistent meetings/conferences and, accordingly, the Ministryt of Interior and the Police forces must refrain from denying the parties their entitled constitutional priveleges.

(2) Following the Referendum on the Constitution of 2001, as is embodied in Articles 9 (1) and 130 (1), Somaliland has supplanted the clan system with a constitutional one ushering in a multi-paty system. There came into being, national councils/organs  (Legislative, Executive and Judiciary) to attend to outstanding national issues (in accordance with constitutional mandates). In light of this, it is utterly unlawful and illegal to call for ‘national conferences’ or ‘national consultation/salvation’ meetings that the national councils are not leading.

(3) Cognizant of the fact that the current political impasse emanates from and is based on election-related matters, the Court upon all political parties and othet core institutions that the issue concerns to expediently come to equitable terms to bring the quibbles on the holding of the elections to a conclusive end.

(4) The Court urges all sides this ruling concerns that they strictly afhere to the rules and regulations of the nation, and to observe good ethics during and beyond election dates.

(5) This Ruling is released (and effective from) this date of 23/07/2015.

Signed:

  1.  Adam Haj Ali                                                  Chairman
  2. Abdulkadir Ahmed Mohamoud               Member
  3. Mohamed Omar Gheelle                             Member
  4. Abdirahman Madar Arraleh                      Member
  5. Yassin Hassan Ismail                                    Member

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