The first Deputy Chairman of Parliament’s House of Representatives, Mr Abdi-Aziz Muhammad Samale, criticized President Dahir Rayale Kahin on Wednesday for refusing to approve the 2007 national budget that was endorsed by parliament on 19 March 2007. In an official letter addressed to the president, the Mr Samale said, “nowhere in the constitution does it say the president has the authority or constitutional right to reject the recent budget endorsed by parliament.”

The deputy chairman was responding to the presidential decree Rayale issued to parliament on 11 April 2007. The decree stated that the president ‘is unable to comply with the amendments made by parliament to the 2007 budget, which was submitted in February by the ministry of Finance for approval by parliament.’

The statement issued on Wednesday by the deputy chairman, Mr Samale, said, ‘the constitution has given parliament the privilege to amend, approve and reject national budgets that the government submits to the House of Representatives.’

Mr Samale excoriated the president for “not upholding the constitution and treating clauses in the constitution which limit his power and those which oppose his ‘self-interests’ as insignificant.”

The statement read:

1. Mr President, nowhere in the constitution does it state that you have the authority to reject the national budget that parliament endorses and for you to return that budget a second time to parliament.

2. Mr President, you continuously and vigorously do everything in your power to breach articles in the constitution that are a threat to your interests.

3. Mr President, you have decided not to approve the 2007 budget and abide by article 55(1) of the constitution, the article which parliament exercised to make the amendments to the 2007 budget. This you have done, because you disapproved the cuts made by parliament in the budget to your office, although parliament earmarked the money saved with those cuts to go to worthy causes.

4. Mr President, there is no shred of evidence that the amendments made by parliament contradict the constitution. Moreover, you are demanding that parliament do what you want, which is by all means a dictatorial tendency, and is in clear violation of the constitution.

Mr President, the articles of the constitution, which you stated in your decree to parliament for not approving the 2007 budget endorsed by parliament is:

Article 94(1) of the constitution which said;

    * Article 94: The Council of Ministers

1. The Council of Ministers shall assist the President in the fulfilment of his duties and shall resolve collectively the general policies, planning and programmes of the state.

Mr President, this article 94(1) has nothing to do with the budget.

Article 55(1) of the constitution explicitly determines the powers cited to parliament regarding the national budget;

    * Article 55: The Budget

1. The House of Representatives may debate and amend the Budget, and approve it by a resolution of the House.

This, the above article 55(1), is the article parliament exercised to make amendments to the 2007 budge.

Mr President, article 90 of the constitution states;

    *
      A rticle 90: The Powers of the President

The President is the Head of the nation and the state, and is the symbol of the unity of the citizens of the Republic of Somaliland. He is responsible for the care of the nation’s resources, the protection of the peace, and the advancement of the society and the proper conduct of the administration of the state. In order to fulfil these responsibilities, the President shall have following powers:

Mr President, in article 90 there is no evidence that gives you the power to reject or return a national budget approved by parliament for your endorsement.

Mr President, the same applies in article 37 that states that;

    * Article 37: The Sovereignty and Powers of the State ,

1. Allah who created the Somaliland nation in this land has endowed it with sovereign status and powers. The people of the Republic of Somaliland have vested their sovereign powers, as set out in this Constitution, in a state founded on, and acting in accordance with, the Constitution.

2. The structure of the state shall consist of three branches which are: the legislative, the executive and the judiciary. The separation of the powers of these branches shall be as set out in the Constitution. Each branch shall exercise independently the exclusive powers accorded to it under the Constitution.

Again, Mr President article 37 mentions nothing concerning the national budget approved by parliament. And article 38(1) in the constitution relates to the responsibilities of the two parliaments;

    * Article 38: The Parliament and Joint Sittings

1. The legislative powers of the Republic of Somaliland are vested exclusively in the Parliament which shall consist of two Houses - the House of Representatives and the House of the Elders. The power to legislate cannot be transferred to anyone outside the Parliament.

Mr President, Article 77(5) of the constitution has no reference whatsoever regarding the national budget approved by parliament, it states;

    * Article 77: The Procedures for Legislation

5. The President shall sign any bill forwarded to him by Parliament within three weeks (21 days) beginning from the date when the bill was received at the Office of the President, providing that he has not referred it back to Parliament.

The same applies for article 78 refers to;

Article 78:
1. All bills, other than those relating to finance, passed by the House of Representatives by a majority shall be forwarded to the House of Elders which shall:

    a) Approve them or propose amendments.

    b) If the House of Elders does not approve the bill, or its proposed amendments are not accepted by the House of Representatives, the latter has the right to return the bill to the House of Elders during its next session. If the House of Elders (still) does not approve the bill, nor submit a response within a month, the bill shall pass and shall accordingly be forwarded to the President.

Mr President, having said all this, it is beyond doubt that the articles of the constitution which have been reiterated here, and which, you as the president of this country cited as reasons to reject the amendments made by parliament to the 2007 budget is not in line with the constitution of this country.

The endorsement of parliament of the national budget and its responsibilities in amending, rejecting or approving the national budget is the sole prerogative and authority of the House of Representatives alone. Moreover, there is not an article or clause in the constitution, which states that a national budget approved by parliament can be rejected or returned for amendments to parliament, once approved and presented to your good office. Nor, is there any evidence in the constitution which states that ‘parliament must approve the national budget in the manner the ministry of Finance submitted it initially to parliament for its endorsement’.

Mr President, you said in 11 April 2007 presidential decree that ‘parliament must endorse the 2007 budget submitted by the ministry of Finance according to the manner and state the ministry presented the budget to parliament.’ In all evidence, it is quite clear that you do not wish to abide by article 55(1) of the constitution, and this is in all certainty a clear violation of the constitution, articles 128(2) of which states;

Article 128: The Basis and the Supremacy of the Constitution

2. The Constitution shall be the supreme law of the land, and any law which does not conform to it shall be null and void.

Mr President, article 128(2), is clear for all to understand its bidding, except you.

Parliament made amendments to your ministry’s 2007 budget according to the needs and priorities of the country. Parliament made cuts to your presidential ministry and to the ministry of Finance, and awarded these cuts to areas of high priority to the nation; these are the much needed health facilities and services for the poor of this nation, the education of our children, water development projects, the badly needed resources and logistics for the up and coming national and local elections, the universities, the development of democratic principles and institutions, and, finally, for international lobbying of Somaliland’s recognition and for overseas operations of Somaliland’s representatives.

Mr President, your decree did not state specifically or exactly what priorities you might have intended for the use of these funds or more deserving national causes than those mentioned above. I therefore, believe the reasons you may have for rejecting the amendments that parliament made to the 2007 budget are less important and deserving than the reasons for which parliament made the cuts. Mr President, the reason you were elected by the people of this country was to better their lives and lessen the hardships brought upon them by your administration for the past five years, but not to make life more difficult for the needy and sick people of this nation. It’s beyond our comprehension how you can object to such commendable principles of good governance.

Mr President, parliament will not review or amend the 2007 budget as you desire them to do so. What is the point of an elected parliament if it follows the whims and likes of its head of state?

Parliament kindly requests your good person and office to approve the 2007 budget it legally and lawfully executed according to the constitution, and that you abide by the very constitution that put you in the Office of the President.

Source: Somaliland Times