The function of courts of somalia is much broader than just adjudicating and legal interpretation

The Judiciary is the third arm of Government, under the doctrine of separation of powers. However, the courts whether international and national have several powers including the power to adjudicate and interpret in any legal matters brought before them.

Contrary to popular belief, courts are not supposed to be a litigator.  However, there is much evidence to suggest that the court of Somalia has holds other functions, the power to engage or conduct in business to sell and establish minimum prices for particular goods and even the court retains the cost of the sale until the final judgment without taking the cash with public coffers or to the Ministry of Finance.

This was illustrated in the case of illegal fishing (2023), The Office of the Attorney General has filed charges against 36 foreign nationals in the Banadir Regional Court, originating from countries such as Iran and Pakistan. According to a statement by the Prosecutor’s Office (hereinafter Attorney General), these fishermen exploited the country’s natural resources and engaged in illegal fishing in the Somalia’s Coastline. The Somali Navy Defence Force arrested the fishermen, with more than 30 tons of fish, which they took out of the Somali sea without licenses or permission.

The Banadir Regional Court first sent out a notice or advertisement to the general public and informed through Court Administrative Assistance (Court Registrar) that, the business community, fisheries companies and interested parties to contact the court via email (mgb.maaliyadda@gmail.com. ) and phone no. (+252770500880 or +252770500881), between 19^th April up-to21^st 2023.

The national law of Somalia gave the power to the regional court in Banadir the responsibility to sell commodities or illegal fish in accordance with article 131 clause (b) of Law No. 84, which was established in 1972, and Articles 373, 374, and 375 of the Somali Civil Code Procedure of 1973.

On the other hand, a few Mogadishu-based fishing companies claimed in court that the procurement plans were biased against them and that they were not given the necessary documents for public procurement. The fish was sold by the court for less than its market value to a member of the court’s family. For example, fish worth $7 to $8 per kilogram was sold by the court for 0.4 dollars.

Finally, one of the mains goals of the Somalia legal system is to treat everyone with fairness and equality. Unfortunately, several factors can impact this goal, resulting in a less-than-fair situation. One of these scenarios can involve a biased or unfair judge or judicial system. According to Article 106 of the Somali Constitution states that the judiciary shall be independent from the legislative and Executive branches of government whilst fulfilling its judicial functions. Members of the judiciary shall be subject only to the law.