By Goth Mohamed Goth

The President of the Republic of Somaliland, H.E Muse Bihi Abdi submitted a letter to the Supreme Court dated 12/08/2020 entitled No JSL / XM / MS / 100-545 / 08/2020, which was intended as a constitutional case in regard to Article 12, Clause 1 of the House of Representatives Election Law, Law No. 20-2 / 05 submitted by the President to the Supreme Court.

Therefore, the Constitutional Court of the Republic of Somaliland today issued a ruling on the President’s submission, which reads as follows: –

Mr. President

We are submitting to you the decision by the Constitutional Court of the Republic of Somaliland in regard to your submission to suspension of a ‘sunset’ clause which would allow only the first election (2005) to take place before a population census and voter registration process.

  1. Therefore, the Constitutional Court of the Republic of Somaliland today issued a ruling on the President’s submission, which reads as follows: –
  2. In response to the Head of State Submission dated the 12/ 08/2020 to the Constitutional Court of the Republic of Somaliland in regard to Article 12, Clause 1 of the House of Representatives Election Law, Law No. 20-2 / 05.
  3. The Constitutional Court of the Republic of Somaliland hereby suspended the adoption of a ‘sunset’ clause which would allow only the first election (2005) to take place before a population census and voter registration.

Therefore the Constitutional Court of the Republic of Somaliland sets out that the upcoming parliamentary and local government election should be conducted on the basis of allocation of seats to the six regions on a pro rata formula based on to Article 12, Clause 1 of House of Representatives Election Law No. 20-2 /05 until a new resolution is adopted by House of Representatives on the basis of allocation of seats to the six regions.

About Article 12 Clause 1 of the House of Representatives Election Law, Law No. 20-2 / 05

Article 12: The Procedure for Allocation of Seats

  1. In order to give priority to the national interest which will be served by the holding of an election, the allocation of the seats of the House of Representatives to each region[24] for this election only[25] shall be as follows:

1.   Hargeisa Region                    20 seat

2.   Togdheer Region                     15 seats

3.   Awdal region                         13 seats

4.   Sanag Region                        12 seats

5.   Sool Region                          12 seats

6.   Sahil Region                          10 seats