Ajoined session of the Houses of Parliament of Somalia was adjourned as there are no Statutary Rules of Procedures to conduct such joint sittings

Introduction

On December 2, 2023, a joint sitting of the 11th parliament was cancelled after members of the National Assembly objected to the joint sitting between the two houses, claiming that there are no law or regulation that allow the Senate (the Upper House) and the National Assembly (the Lower House) to hold a joint session. The Federal Government considers this to be a major threat. There are strong debates on the matter among members of the National Assembly, which has led to controversy and physical altercations.

The agenda of the joined session was to assess the expenditure of financial year of 2022 and the National Budget- financial year 2023-2024. Some Parliamentarians argued that it is inappropriate to discuss the two agenda items at the same time.

The Upper House Speaker, Abdi Hashi, presided over the joint session while the Speaker of the National Assembly, was unable to be there since he was acting as the President of Somalia. Article 94 provides that if the President of the Federal Republic of Somalia is absent from the country, or unable to fulfill his duties due to illness or any other reason, the Speaker of the House of the People of the Federal Parliament (National Assembly) shall assume these duties until such time as the President of the Federal Republic of Somalia resumes office.

Joined Sitting of Somalia’s Parliament and Senate

The so-called ‘Provisional Constitution’ which was adopted in August 2012 and remained in effect for more than 12 years as of now in December 2023, post serious challenges to the Federal Government, Federal Member States and other public institutions as well as the Somali Citizens at large as it does not solve their differences.

According to Lawyer Abdullahi A. Adam stated that the first of all, the Somali Provisional Constitution established a bicameral legislature having the House of the People and the Senate, moving the country from a unicameral to a bicameral legislature for the first time in the history of Somalia. According to article 55 of the Constitution provides that the Federal Parliament of Somalia consists of (a) the House of the People; and (b) The Upper House.  It consists of a Senate with 54 members and a 275 –members House of Representatives as per articles 72 (1) and 64 (2) respectively.

He reiterated that the architecture of the 2012 constitution has not ensured the smooth functioning of a bicameral legislature in the country. The arrangement of the two chambers has resulted in a struggle for supremacy between them, leading to persistent disagreements and hindering progress on crucial national matters.

Based on article 56 of the Constitution of Somalia states that the Houses of the Federal Parliament shall jointly perform their shared duties. The two Houses of Parliament may work jointly or independently on the following matters: –

1. The two Houses of the Federal parliament shall have the joint sitting if the need arises as per article 57 (a) of the Constitution. The rule of procedures which will be governed their joint session are no yet created as of December 2023.
2. Election of the president of the Federal Republic of Somalia- Article 89 (1),
3. State of Emergency – article 131 (3),
4. The President of Somalia may, if deemed necessary, request both speakers of the federal parliament to hold a joint sitting article 57 (C),
5. Amending the federal Constitution of Somalia article 57 (c) (iii).
6. Somalia national budget article 69 and 79 of the Constitution. The national assembly was the only body with the authority to debate and approve the national budget prior to the establishment of the Senate House in 2016.

Finally, even though the constitution gives the two houses that they can do their business jointly or independently, but it was canceled till further notice. The reason for the postponement and the controversy was that the National Assembly had a motion to raise their salaries as they increased both the Offices of the President and the Prime Minister, while the Upper House (Senate) has come to discuss the Pre-Budget Report (PBR). As a result, the two houses have different business agendas.