The power to dissolve Parliament has a long constitutional history in Somalia and has undergone significant transformations across successive constitutional frameworks. Far from being a novel development, presidential authority to dissolve the legislature was expressly recognized in Somalia’s early constitutional arrangements and subsequently modified, abolished, and revived in different periods. These changes reflect the evolving relationship between the executive and legislative branches and raise important questions concerning constitutionalism, separation of powers, and democratic governance in Somalia.
- The 1ndependant Constitution of Somalia 1960s
Under the 1960 Constitution, the President of the Republic was explicitly empowered to dissolve the National Assembly before the expiration of its term. Article 53 provided ‘… After hearing and taking into consideration the opinion of the Speaker of Parliament, the President of the Republic may dissolve the House of the People before the expiry of its term of office if the House fails to perform its duties or carries them out in a manner that may endanger the normal functioning of the legislative process….’
2. The Constitution of the Somali Democratic Republic of 1979
The same constitutional principle was retained, albeit in a modified form, under the 1979 Constitution. Article 63 stated ‘…that the People’s Assembly could be dissolved either by a two-thirds parliamentary vote initiated by one-third of the deputies or by the President of the Republic after consultation with the Central Committee of the Somali Revolutionary Socialist Party and the Standing Committee of the People’s Assembly….’
Thus, while the 1960 Constitution vested the dissolution power directly in the President after consultation with the Speaker, the 1979 Constitution subjected its exercise to consultations with the ruling party and the Standing Committee of the People’s Assembly. Despite differences in institutional design, both constitutions recognized the existence of presidential authority to dissolve Parliament.
3. The 2012 Provisional Constitution of the Federal Republic of Somalia
With the adoption of the 2012 Provisional Constitution of the Federal Republic of Somalia, which introduced a federal system of government, Somalia departed from earlier constitutional traditions regarding presidential powers and institutional arrangements. However, the constitutional process was accompanied by a number of controversies and modifications that affected both the content and the final published text of the Constitution. These developments can broadly be categorized into constitutional amendments and constitutional alterations.
- The 2012 Constitutional Amendment
Although the initial draft retained presidential authority to dissolve Parliament, this power was subsequently removed by the Federal Parliament under the leadership of Speaker Mohamed Sheikh Osman (Jawari). This marked a significant departure from previous constitutional frameworks, which had consistently recognized some form of presidential involvement in the dissolution of the legislature.
During the political crisis of 2015, a group of Members of Parliament initiated impeachment proceedings against President Hassan Sheikh Mohamud and sought to refer the motion to the Supreme Court in the absence of a Constitutional Court. In response, Speaker of Parliament Mohamed Sheikh Osman (Jawari) consulted several parliamentarians and legal experts, who reportedly advised that the motion lacked sufficient legal basis and that the dispute should be resolved through political rather than judicial means.[1]
Amid these developments, reports emerged that President Hassan Sheikh Mohamud was considering possible legal measures should the matter be referred to the Supreme Court. Among the options discussed was the dissolution of Parliament, notwithstanding that such authority had been removed from the 2012 Provisional Constitution but had previously existed under the 1960 Constitution. Consequently, the crisis revived debates over whether the President could invoke the earlier constitutional framework to exercise a power no longer expressly provided for under the 2012 Constitution.[2]
More recently, the reappearance of dissolution powers in the 2026 constitutional framework has revived longstanding debates concerning the balance between executive authority and parliamentary independence.
B. The 2012 Constitutional Alteration
In addition to formal amendments, further modifications occurred during the constitutional process. Notably, a provision establishing a five-year presidential term was omitted during the printing and publication stage of the Constitution, resulting in the presidential tenure being reduced to four years. These developments illustrate that the 2012 Provisional Constitution underwent significant changes affecting not only the scope of presidential powers but also the duration of the presidential term.
Factors Contributing to the 2012 Constitutional Alterations
Several factors may explain the alterations that affected the final text of the 2012 Provisional Constitution.
Multi-Stakeholder Constitution-Making Process
The 2012 constitution-making process occurred within a fragile transitional framework involving the Transitional Federal Government, Puntland as the first federal member state, traditional elders, civil society groups, and international partners. Unlike earlier constitutional processes conducted under centralized authority, the absence of a unified institutional structure and a single body responsible for safeguarding the constitutional text created conditions in which compromises, revisions, and discrepancies between the adopted and published versions could arise.
Compressed Constitutional Timeline
The Provisional Constitution was finalized in August 2012, barely one month before the September presidential election. The urgency of completing the transition to a permanent federal government limited opportunities for comprehensive review and institutional oversight, thereby increasing the likelihood of inconsistencies.
Weak Publication Mechanisms and the Absence of an Effective National Gazette
The lack of clear procedures for authenticating and publishing constitutional documents contributed to uncertainty over the final text. At the time, Somalia lacked a fully functioning National Gazette, which falls under the responsibility of the Office of the Attorney General and serves as the official medium for publishing laws and legal instruments. Coupled with reliance on external financial and technical support for printing and dissemination, these institutional weaknesses created ambiguity regarding the authoritative version of the Constitution and contributed to subsequent disputes over its provisions.
Concerns regarding alterations to the constitutional text were further reinforced by subsequent statements from President Hassan Sheikh Mohamud. In a June 2026 interview with Dawan TV, the President stated that a provision establishing a five-year presidential term had been removed during the printing and publication process, resulting in the four-year tenure reflected in the final published Constitution. These remarks have been cited as evidence that modifications to the constitutional text occurred after its adoption, thereby raising broader questions regarding the authenticity and integrity of the final published version.
Political Transition and Change of Leadership
The adoption of the Provisional Constitution coincided with a transfer of political authority. Shortly after its adoption, H.E. Hassan Sheikh Mohamud succeeded H.E. Sheikh Sharif Sheikh Ahmed, whose administration had overseen much of the drafting process. This transition during a critical phase of state-building may have contributed to uncertainties surrounding the final form and publication of the Constitution.
To Sum Up
The history of parliamentary dissolution powers in Somalia demonstrates that presidential authority to dissolve Parliament is not a recent innovation but has deep roots in the country’s constitutional development. While the 1960 and 1979 Constitutions expressly recognized such powers, the 2012 Provisional Constitution marked a significant departure through their removal. The controversies surrounding the amendment and alteration of the 2012 Constitution further exposed weaknesses in the constitution-making and publication processes. The re-emergence of dissolution powers in the 2026 constitutional framework reflects the continuing evolution of Somalia’s constitutional order and underscores the importance of establishing clear constitutional procedures and robust institutional safeguards to preserve the integrity, certainty, and legitimacy of the constitutional text.
[1] Goobjooge, ‘Madaxweynaha ma kala diri karaa Baarlamaanka.? Faahfaahin Qodob laga saaray Dastuurka KMG laakiin..’ (2015), August 25, 2015 https://goobjooge.net/madaxweynaha-ma-kala-diri-karaa-baarlamaanka-faahfaahin-qodob-laga-saaray-dastuurka-kmg-laakiin/.
[2] Ibid
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