INTRODUCTION
It has occasionally occurred that Somali courts render decisions of considerable significance which are not clearly anchored in the statutory framework; the present circular constitutes such an instance. On 16 July 2013, the Chief Justice of Somalia issued a circular (Wareegto No. 09/2013) addressing the jurisdiction of Somali courts. The circular reaffirmed that District Courts have competence over civil disputes valued up to USD $3,000, while cases exceeding this amount, or those concerning immovable property, fall under Regional Court jurisdiction.
In doing so, the Chief Justice effectively amended the statute through judicial decree, stepping into the realm of judicial legislation. While this move can be defended as a pragmatic response to inflation and the collapse of the Somali currency ensuring that District Courts retained meaningful jurisdiction it also blurred the constitutional boundary between legislative and judicial functions, raising serious concerns for the principle of separation of powers and the integrity of the rule of law.
At first glance, the circular appears to be a clarification. However, a closer examination reveals a significant legal issue: The Civil Procedure Code of 1962 (Law No. 3 of 12 June 1962) originally set the District Court threshold at 3,000 Somali Shillings, not USD $3,000. The substitution of currency and scale raises the question of whether the Chief Justice merely interpreted the law or engaged in judicial law-making.
Constitutional and Legal Implications
Separation of Powers: the legislature has exclusive authority to amend statutory provisions. By altering thresholds, the judiciary intruded into legislative competence, undermining separation of powers.
Rule of Law: the predictability of law rests on the principle that written statutes govern. Judicial modification of monetary limits creates legal uncertainty, as citizens cannot rely solely on the text of the Civil Procedure Code.
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