Mogadishu (UM) – For nearly two weeks there were claims and counter-claims regarding what the procedure of the No-Confidence Motion against Speaker of the Parliament, Mohamed Sheikh Osman Jawaari, should be. There was even a question regarding the Motion’s constitutional legality by supporters of the Speaker of Parliament.
Today, the MPs supporting the Motion against the Speaker released a statement listing how many of the provisional constitution’s Articles he violated. The nature of these alleged violations are both legal and procedural. Moreover, the statement claims that 223 MPs are all in agreement that the Speaker must go and according to the 184 rule, if this is correct on the day of the vote of No-Confidence, the Speaker will surely fall. This, like everything else in Somali politics, is speculation which will only be proven on the day of the actual vote if it ever comes.
To spare the Somali people the constant worry of more stagnant politics leading to paralyzing stalemate and then ending in prolonged chaos, both sides in Parliament should seek independent legal review of the constituition and advice on their proposed actions. MPs on both sides cannot interpret the Provisional Constitution the way they feel best represents their interest.
The Provisional Constitution is poorly
drafted and reads like a part of the unimplementable UN wish list of Rights and Regulations. The document is truly ambigous, out of touch and meaningless to all apart from those who benefited from the millions wasted on it. The review process of this messy document is taking too long and success is not yet in sight despite the efforts of Minister Hosh and the National Leadership Forum led by President Farmaajo and the heads of the Federal member states.
Despite its huge flaws, the Provisional Constitution and Parliaments own rules of procedures, are all that can break the deadlock in Parliament. As both sides are also relying on both, it is important to bring in independent lawyers, even foreign ones if Somalis can’t trust each other, to interpret them and clarify both the law and procedure of bringing a Motion of No Confidence against the Speaker. This will buy time for both sides, calm tensions and provide an opportunity to reflect and continue the dialogue. It will also guide future Motions which will most likely result.
Without a legal review, the political situation will deteriorate and the political stalemate will worsen. This will hurt the country’s stability further and setback the government’s political agenda. The government and people of Somalia cannot afford this. Enough is enough. It is time to call in the lawyers!