Introduction:
The following Rules have been
drafted by Somalilandlaw.com and include ALL the provisions of the current
Rules of the House which were adopted in January 2006, but also cover other
aspects, such as the position of the political parties in the House, detailed
provisions for the work of the committees, more streamlined procedures for
dealing with draft legislation, procedures for putting into effect the oversight powers of the House and procedures for dealing with all
the main other functions of the House.
The Rules are based on those of
Houses of Representatives in presidential systems of government, and in
particular, those of the Philippines, the US and some South American countries,
but they are also very much grounded on the Somaliland Constitution and customs.
Somalilandlaw.com hopes that even
if none of the proposals are adopted by the House, these draft Rules may help when
issues that are not covered by current Rules arise, as indeed all the
provisions in these draft Rules are based on the powers and duties of the House as set out in the Constitution.
For any comments, please contact ibrahim@somalilandlaw.com
THE
(DRAFT
NEW) RULES OF THE HOUSE OF REPRESENTATIVES
THE HOUSE
OF REPRESENTATIVES
Noting that: the legislative powers of the Republic are
vested in the two Houses of Parliament
and that the power to legislate cannot be transferred to anyone outside the
Parliament as set out in Article 38 of the Constitution;
Cognisant of: the
duty of the House of Representatives to
make laws that effectively respond to the needs of our people and fulfil their
aspirations for a just and humane society where every person can enjoy the
blessings of freedom and democracy in a state strengthened by the rule of law
and social justice;
Conscious
of: the pressing need for the revision of all the
old laws and the introduction of new laws that are in accord with the
Constitution of the Republic and the aspirations of the
Aware of: the public trust reposed in the
members of the House of Representatives, who are also accountable to the people
at all times;
Stressing that: the members of the House shall perform their
legislative and other duties with utmost competence, efficiency, effectiveness,
integrity and fidelity to the people’s welfare and the national interest.
Aware of: the need to ensure that the House works and
is organised in a way which will enable to function as an effective legislative
body with proper constitutional oversight of the work of the Executive;
Noting
that: under Article 46(3) of the Constitution, the
House has power to adopt its own Rules and shall establish such committees, as
it deems necessary;
Conscious
that: the previous Standing Rules of the House
which were adopted on 16 June 1997 and subsequently revised in March 1999 are
no longer adequate to meet the demands of a popularly elected House which is based
on a multi-party system and that Revised Standing Rules adopted by the House on
2 January 2006 needs updating so that the House can have a
comprehensive set of Rules which guide all aspects of its work;
HAS HERBY
APPROVED THE FOLLOWING RULES
GENERAL
PROVISIONS
Article 1: The Seat of the House
1.
The seat of the House is the capital city of the country,
Hargeisa.
2.
The Speaker may authorise meetings of the committees or sub-committees
of the House to sit, in the furtherance of their duties, at any place outside
Hargeisa, or, in exceptional circumstances and with the approval of the House
on a simple majority, at any place outside the country.
Article 2: The Seal
The seal of the House is a mature
tree underneath which is a wooden cross-shaped book holder displaying an open
copy of the Quran.
Article 3: Language
In line with Article 6 of the
Constitution, the proceedings and the activities of the House shall be
conducted in the country’s official language, Somali. Arabic shall be the second language and other
languages shall be used, when condidered necessary.
Article 4: The Rules of the House
As set out in Article 46(3) of the
Constitution, the Rules of the House shall be adopted during the first session
of each newly elected House and shall continue to be in force until such time they
are amended by the House or replaced by a newly elected House.
MEMBERSHIP
Article 5: Composition
The House
shall consist of the 82 elected representatives as declared by the Supreme
Court after the General Election.
Article 6:
Loss of membership
1)
Membership of the House shall be lost in accordance
with Article 50 of the Constitution.
These are:
a) The death of the member
or incapacity which makes it impossible for him to fulfil his duties.
b) The voluntary
resignation by the member, which has been accepted by the House.
c) If one of the
pre-requisite conditions of his election is broken; or the member fails to
fulfil his duties.
d) The passing of a final
sentence on the member for a crime which has been proven in a court.
e) The absence, without a
valid excuse, of the member from 20 (twenty) consecutive sittings.
2)
Incapacity as set out in the preceding Clause 1(a) of
this Article may be mental or physical and shall be certified by a committee of
no less than three recognised medical experts.
3)
Issues relating to loss of membership caused, other
than by death, shall be referred to the Permanent Committee of the House which,
having confirmed that the reasons for loss of membership accord with the
provisions of the Constitution, shall report to the House. The Committee shall accord the member and or
his representatives an opportunity to make any submissions and shall make any
such enquiries that they deem necessary.
4)
The House shall consider the report and recommendation
of the Committee and shall reach a decision on a simple majority vote. The
members of the Permanent Committee may participate in the discussion, but will
not be eligible to vote on the final resolution of the House.
5)
If the House confirms the loss of membership, the
Speaker shall issue a declaration and inform promptly the National Electoral
Commission (NEC) which, in accordance with Article 14(2) of the House of
Representatives Elections Law, shall, within two weeks, inform formally the Speaker
and the Supreme Court the name of the appropriate substitute candidate on the
regional list of the party to whom the person who lost his membership of the
House belonged. The Speaker shall then
inform the new member and arrange his swearing- in ceremony within 10 days of
the date of receipt of the NEC confirmation.
6)
In case of death of a member, the Speaker shall inform
the NEC within 10 days of the Speaker’s receipt of the death certificate and
the procedure set out in the preceding Clause of this article shall then be
followed. The Speaker, may, however, refer to the Permanent Committee for
investigation and confirmation in the exceptional circumstance where the death
of a member cannot be easily confirmed, in which case, the procedures set out
in Clauses 3 and 4 of this Article shall be followed, as appropriate, and the
Committee may also, in exceptional cases where the death cannot be established
readily, to consult the Attorney General for a court declaration under Article
309 of the Civil Procedure Code.
Article 7: The Term of Office
1)
Members of the House elected at the General Election
shall serve for a term of five (5) years that begins, as set out in Article
42(1) of the Constitution, from the date the Supreme Court declares the
electoral results in line with Article 59 of the House of Representatives
Elections Law (Law NO: 20-02 /2005).
2)
As set out in Article 51 of the Constitution, no seat
of the House which becomes vacant after six months from the end of the term of
the incumbent House shall be filled.
3)
A substitute candidate who takes up the place of a
member who loses office in accordance with Article 50 of the Constitution,
shall serve for the remainder of the term of office of his replacement
Article 8: The
Powers and Duties of the House
1)
The powers and duties of the House of Representatives are
set out in the Constitution and in any other relevant laws.
2)
The House is the first branch of the Somaliland
Legislature and represents the whole
3)
The main duties are:
a) the
consideration and approval of all draft legislation;
b) the
consideration and approval of all draft legislation laws and regulations
relating to all public bodies, including independent public agencies, publicly
owned corporations and other public organs;
c) the
oversight of the workings of all the branches of the executive, including independent
public agencies, publicly owned corporations and other public;
d) confirmation
of presidential appointments as set out in the constitution and any laws;
e) approval
of the national budget, consideration of the annual accounts and oversight of
the budgetary expenditure as set out in the Constitution and any other law;
f)
decisions relating to finance, taxation and issue of
currency as set out in the Constitution and the law;
g) providing
advice to the government and discussing and commenting on the programmes of the
Government and their implementation;
h) undertaking
any such enquiries or investigation as are relevant to its powers and duties;
i)
representing
the interests of the electorate, as well as those of the nation;
j)
Any other duties and functions assigned to the House
by the Constitution and other laws.
Article 9:
the Duties of the Members
1) In order to fulfill their
duties, Members shall:
a)
prepare, introduce and work for the passage of
legislative measures which address effectively the social, political and
economic needs and concerns of the nation;
b)
participate actively in deliberations of the House and
of the Committees;
c) articulate
faithfully the demands and interests of the nation, their parties, as well as
their constituencies;
d) perform
such other actions as may be lawful and necessary to ensure that the duties of
the House are carried out effectively and efficiently;
e) Participate
fully in any other duties to be undertaken by the members of the House.
2)
Members shall abide by the Rules of the House, the
laws of the land and the provisions of the Constitution.
Article 10: Immunities, Limitations and
Disqualifications
1)
The privileges and immunities of members are set out
in Article 49 of the Constitution.
2)
Any issues relating to the privileges and immunities
of members shall be referred to the Permanent Committee for investigation and
reporting to the Speaker who shall, when appropriate, put to the House, when it
is in session, or to the Standing Committee, when the House is not in session,
for a decision, in line with Article 49(5) and 49(6) of the Constitution.
3)
As set out in Article 48 of the Constitution, a Member
shall not hold any other public office or employment in the Government, or any
public agency or instrumentality thereof, including government-owned or
controlled corporations or subsidiaries, during his term without forfeiting his
seat in the House.
4)
A Member shall not also be appointed to any office
created or the emoluments thereof increased during the term of such Member.
5)
During his term of office, a Member shall not appear
personally or act as counsel for the Government, or any instrumentality
thereof, including any a or a public agency or a government-owned or controlled
corporation, or its subsidiaries, or be directly or indirectly financially
interested in any contract with, or in any franchise or special privilege
granted by these public bodies. This
does not extend to any legal aid which may be paid in connection with private
clients that the member any acted for, as counsel.
6)
As set out in Article 48 of the constitution, a Member
shall not use his office for private gain.
He is similarly prohibited from intervening in any matter before any
office of the Government for his pecuniary benefit or where he may be called
upon to act on account of his office.
Article 11:
Salaries and Benefits
1)
In accordance with Article 47 of the Constitution, the
salaries and benefits of Members including expenses, medical care and training
shall be set out in law (which will repeal the Parliamentary Remuneration and
Expenses Law - Law No: 13 of 2000).
2)
Members shall be entitled to salaries and benefits
from beginning of their term of office which is as defined in Rule 7(1) above,
to the end of the term of office which is normally the day before the date when
the Supreme Court declares the results of the election of the incoming House .
3)
Female members shall be entitled to four months
maternity leave starting from the end of the seventh month of the pregnancy.
Members on maternity leave shall enjoy the same benefits and privileges as
other members and are entitled to receive once a month copies of the House
resolutions and minutes.
4)
Any Member barred legally by the Speaker from
attending sessions and/or performing such other functions relating to his
office as a legislator shall be denied salary, other compensation, office space
and other privileges to which Members are entitled as of the date such bar
becomes effective. However, upon the lifting or cessation of such bar, the
salary and other entitlements that were denied shall, forthwith, be restored.
OFFICERS
Article 12: Election of Officers
1)
The officers of the House, the Speaker and the two Deputy
Speakers, shall be elected at the inaugural meeting of the newly elected House in
line with Article 36 of these Rules and whenever there is a vacancy.
2)
A vacancy is created whenever any of the officers dies,
resigns or is permanently incapacitated, or otherwise loses office in
accordance with Article 50 of the Constitution or when the Members vote and
declare any office vacant in accordance with this Rule.
3)
Any 27 members of the House may propose a motion that any
or all the offices of the House be declared vacant. On receipt of the written and signed motion,
the Speaker and the General Secretary shall ensure that the motion is put as
the first item of business in the meeting of the House on the following day.
4)
The motion shall be put to the House at a quorate meeting
and, after listening to speeches from the proposers and opposers of the motion,
the matter shall be put to the vote by show of hand, provided, that in the case
of the office of Speaker, the General Secretary shall call the name of each
member from the roll and record the vote of each Member which shall be cast
without any speech or explanation by each member. The motion shall be carried
if 55 members vote for it.
5)
If the motion which is carried by a vote of 55 members is
proposing that all the three offices be declared vacant, then the meeting shall
promptly move on to the election of the Speaker and the Deputy Speakers. In such a case, the voting for the offices
shall be chaired by the oldest member of the House and the actual voting shall
be conducted in accordance with the provisions set out in Article 36(4) - (6) of
these Rules.
6)
To ensure continuity of the work of the House, newly
elected officers shall assume their offices immediately after their election.
7)
Any motion to the effect that an office of the House shall
be made vacant tendered within the last three months of the term of the House
shall require the support of 43 members before
it is put on the agenda of the House and is voted upon.
Article 13: Term of Office
Unless replaced earlier in
accordance with the preceding Article 12, the officers of the House shall hold
office until the end of the term of the House which elected them.
Article 14: Absence or Temporary Incapacity
In case of absence or temporary
incapacity of any of the officers to perform the functions of their office, the
following rules shall apply:
a)The first Deputy
Speaker chosen shall assume the duties and the powers of the Speaker when the
latter is absent or temporarily incapacitated.
b) In the absence of both
the Speaker and the first Deputy Speaker, the second Deputy Speaker shall
assume the duties and the powers of the Speaker.
c)In the extremely
unusual situation where all three officers are absent or incapacitated and the
House has to meet for reasons of an emergency that cannot await the return of
either of the three officers, the Speaker and the Deputies shall designate
beforehand at the beginning of each session a temporary presiding officer who
shall preside over such emergency meeting until such time that one of them
returns to the performance of his duties. In such a meeting no resolutions,
other than those relating to the unusual emergency shall be passed without the
presence of the elected officers.
Article 15: Resignation, Death,
Permanent Incapacity or Vacancy
1)
In case of resignation, death, or permanent incapacity of
the Speaker, or a vacancy of any such office arising in line with Article 50 of
the Constitution, but not by a motion of the members of the House as set out in
Article 12 above, the first Deputy Speaker shall assume the duties of the
Speaker until a new Speaker is elected within 15 days of the resignation.
2)
If the vacancy relates to any of the offices of Deputy
Speakers, the Speaker shall arrange an election within 15 days.
3)
If a vacancy arises during a recess, the election to fill the
vacancy shall take place at the first sitting of the House after the recess.
4)
The resignation of any of the officers shall be submitted
in writing to the General Secretary and shall be put to the House for
acceptance on a simple majority vote by show of hand.
5)
The election relating to the vacant office of Speaker shall
be chaired by the first Deputy Speaker, unless he is standing for election as
the Speaker, in which case the second Deputy Speaker shall chair the
meeting. If the latter is also standing
for the election, the election meeting shall be chaired by the oldest member of
the House.
6)
When one or both of the Deputy Speakers decide
to stand for election to a vacant Speaker’s post, they shall resign their
office first and their resignation shall be dealt with in line with Clause 3 of
this Article.
THE
SPEAKER
Article 16: Duties and Powers