Opposition, civil society and Somali Bar Association reject appointment of Judicial Service Commission

The opposition Wadajir Party, the Somali Bar Association and the Union of Somali Civil Society Organizations have all rejected the caretaker cabinet’s naming of five members of the Judicial Service Commission following its 30 July meeting in Mogadishu.

The Wadajir Party said the resignation of Prime Minister Hassan Ali Khaire meant that his council of ministers is now dissolved and has no authority to appoint the members of the commission.

Furthermore, it said the cabinet is only allowed to propose three of the commission’s members, not five, according to the country’s constitution.

“Only a council of ministers that has parliamentary confidence can propose three people of high reputation within Somali society for the commission, in accordance with Article 109A, section 2 (f) of the constitution, and article 6, section 1, letter F, of the Judicial Service Commission Establishment Act 2014,” the party said in a statement.

The Somali Bar Association, meanwhile, took issue with the fact that the association did not appoint two of the commission members as stated in the constitution.

“As stated in article 109A, paragraph 2, letter D of the constitution, two of the five members of the commission shall be appointed by the Somali Law Society for a four year term,” it said in a statement.

On its part, the union of the civil society groups said the members of the Judicial Service Commission and the Somali Petroleum Agency should be appointed once a legitimate government is formed.

All three termed the caretaker cabinet’s appointments as unconstitutional.