A caretaker government cannot appoint or change constitutional bodies, says Somalia's Bar Association SG

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A caretaker government cannot appoint or change constitutional bodies, says Somalia's Bar Association SG

MOGADISHU (HORN OBSERVER) OnThursday the caretaker cabinet of ministers of Somalia's Federal Government made a series of strange appointments including amending the country's constitutional body of Judicial Service Commission, by inserting

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The Secretary General of Somali Bar Association, Dahir Mohamed Ali. (Photo/file).

MOGADISHU (HORN OBSERVER) OnThursday the caretaker cabinet of ministers of Somalia's Federal Government made a series of strange appointments including amending the country's constitutional body of Judicial Service Commission, by inserting five new members into the commission.

The appointment comes barely less than a week following the resignation of Prime Minister, Hassan Ali Khaire on the aftermath of a controversial vote of no confidence in the parliament. All cabinet proposals need a parliamentary vote before it takes effect.

However, the appointment of the five new members has now been termed as unlawful measure that contravenes the Constitution.

"Yesterday [Thursday], it was announced that the caretaker government has appointed five members to the Judicial Service Council. The appointment is in violation of the Constitution and other laws of the country," says the Secretary-General of the Somali Bar Association, Dahir Mohamed Ali (known as Dahir Arab).

In a statement on Friday, legal advocate Dahir Arab, a lawyer, said the responsibilities of a caretaker government is to handle daily government activities and complete duties left by the predecessor, but is not expected to make appointments or introduce controversial bills.

"We hope that both houses of the Federal Parliament will reject the proposed appointments as illegal move that violates the Constitution," he adds.

The five members appointed by the caretaker cabinet were selected on clan basis criteria and do not meet the requirements of Article 8 of the Judicial Service Commission, according to advocate Dahir Arab.

Currently, the Somali Bar Association is working on a lawsuit that attempts to block Thursday's appointment of the Judicial Service Commission as illegal.