Policy Brief: Puntland Democracy: The Need for an Effective Judiciary System

An all-inclusive Community Conference held in Garowe from May-August 1998 established Puntland State of Somalia. A guiding three-year Provisional Charter1, endorsed in the Community Conference, sanctioned the formation of basic governance functions divided into the executive, legislative and judiciary organs. It defined the mandates of each organ and underscored the independence of each organ to set up a system of checks and balances. The Charter also envisaged a speedy transition from a clan-based political system, where traditional elders nominated legislators, to a multiparty democratic system of oneperson-one-vote. The Charter further charged the executive to draft a constitution to be ratified in a referendum. When the term of the Charter expired in 2001, no constitution was in place. It was not until 18 April, 2012, that a Puntland Constituent Assembly adopted a Provisional Constitution. The Provisional Constitution of Puntland and the Provisional Constitution of Somalia promulgate the separation of powers and define the functions of the three organs of government. The Executive is ascribed to guide policy and administration, the Legislative organ deals with making the governing laws and amendments, and the Judiciary administers justice and adjudicates pertinent legal conflicts during the implementation of laws. 1 Puntland’s Political Transformation, PDRC, Nov 2014 2 Puntland Constitution The Puntland constitution accords the state a constitutional court and a regional Supreme Court, and the Somali Constitution specifies formation of federal level Constitutional and Supreme Courts. The competencies of these state and federal level courts overlap, which future political processes and mechanisms will have to resolve. According to the Puntland Constitution, the Supreme Court constitutes the apex of courts of law, dispensing final ruling on penal and civil cases. The regional Constitutional Court interprets the law and arbitrates on Puntland constitutional issues.