Home / Studies / LAW: ARCHIVES: REGIONS AND DISTRICTS LAW (LAW NO: 23/2002)

LAW: ARCHIVES: REGIONS AND DISTRICTS LAW (LAW NO: 23/2002)

STUDIES / LAW.

Edited by the Somaliland Net Staff Abdirishid Hassan iyo Ayaan Mohamed, Thank you for your effort, we hope it is informative and useful to you.

Hargeisa Airport Masij. - Mosque - Masaajidka Eerbordhka - HARGEISA 2015
Hargeisa Airport Masij. – Mosque – Masaajidka Eerbordhka – HARGEISA 2015

This document was translated by Ibrahim Hashi Jama LL.B, LL.M

THE REPUBLIC OF SOMALILAND

REGIONS AND DISTRICTS
LAW (LAW NO: 23/2002
)

Translated by Ibrahim Hashi Jama LL.B, LL.M

THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF SOMALIAND

Having seen: Articles 109, 111 and 112 [1] of the Constitution of the Republic of Somaliland; Having seen: The Bill forwarded by the Council of Ministers of the Republic of Somaliland; Having noted: The great importance of the setting up of local councils elected by the public, which would be beneficial to the progress and protection of the public interest; Having considered:    The wide need for finalising the Regions and District Law which is essential for the elections of the local councils.

HAS HEREBY APPROVED THIS LAW [2]
:

PART ONE [3]

Article 1: Definitions

Region: means the regions set out in this Law and into which the territory of the Republic of Somaliland is divided.

District: means the districts set out in this Law and into which the regions of the Republic of Somaliland are sub-divided.

Regional Boundaries: mean the demarcating map lines set out in this Law which show the frontiers of the regions of the territory of the Republic of Somaliland share with each other or with neighbouring countries.

District Borders:  mean the frontiers between the districts of the country, which demarcate the
areas which come under the administration of each district.

Local Council: means the persons elected lawfully by the public to lead the administration
and the law making of the district.

Mayor:  means the member of the local council of the district who has been elected by the council to
become its chair
person and that of the district.

Executive Secretary:  means the official responsible for the management of the administration of the local government or of the regional capital, who is appointed by the Minister of Internal Affairs.

Minister: means the Minister of Internal Affairs.

Ministry: means the Ministry of Internal Affairs.

Grade: means the rank assigned, as set out in this Law, to each district after an assessment of its production, economy, total population, land area etc.

Article 2: The (Administrative) Structure of the Country

The (administrative) structure of the country shall consist of and be divided into regions, districts and villages.

Article 3: Criteria for Conferring Regional or District
Status

The criteria for conferring regional or district status shall be based on the following prerequisite conditions:

a) The size of the area.

b) The size and density of the population residing in the locality.

c) The level of production and natural resources in the area.

d) The extent of self-sufficiency and of arrangements for social provision.

Article 4: Assessment Criteria

The details of the assessment criteria for conferring regional and district status mentioned in paragraphs
(a) to (d) of Article 3 of this Law shall be explained in regulations issued by the Ministry of Internal Affairs.

Article 5: The Regions and Districts of the Republic of Somaliland [4]

a)    The Republic of Somaliland shall bedivided into the following six regions:

1. Hargeisa region.

2. Togdher region.

3. Sanag region.

4. Awdal region.

5. Sool region.

6. Sahil region.

b) Each region shall be sub-divided into districts graded A, B, C and D.

c) The Government shall prepare a special law governing the capital city and shall forward
it to Parliament for approval.

d) The capital town of every region shall be graded A, as follows:

Name
of Region

Capital
Town

Grade

 1. Hargeisa

Hargeisa

A

2. Togdher

Burao

A

3.Sanag

Erigabo

A

4. Awdal

Borama

A

5. Sool

Lasanod

A

6. Sahil

Berbera

A

Article 6: The Grades of the Districts [5]
of the Republic of Somaliland

  1. The Hargeisa Region

       Name                      Grade

1.    Hargeisa                 A

2.    Gabiley  [6]        A

3.    Baligubadle            C

4.    Salahlay                  C

5.    Faraweyne              D

6.    Sabawanag             D

7.    Cadadlay                 D

8.    Daresalam              D

9.    Allaybaday              D

2. The Togdher Region                

       Name                      Grade

1.    Burao                      A

2.    Odweyne                 B

3.    Buhodle                  B

4.    Duruqsi                  D

5.    Sh. Hasan Geele     D

6.    Qoryale                   D

3. The Sanag Region          

       Name                      Grade

1.    Erigabo                   A

2.    El-Afweyn               B

3.    Badan                     C

4.    Lasqoray                 C

5.    Dhahar                    C

6.    Gar-adag                 C

7.    Maydh                    D

8.    Dararweyne            D

9.    Fiqi Fuliye               D

10.  Hees                       D

4. The Awdal Region          

       Name                      Grade

1.    Borama                   A

2.    Zayla                       B

3.    Baki                        C

4.    Lughaye                  C

5.    Dilla                        D

5. The Sool Region

       Name                      Grade

1.    Lasanod                  A

2.    Ainabo                    C

3.    Taleh                       C

4.    Hudun                    C

5.    Boane                     D

6.    Yagori                     D

6.
The Sahil Region [7]
          

       Name                      Grade

1.    Berbera                   A

2.    Sheikh                    C

3.    Mandhere               D

4.    Bulhar                    D

5.    Hagal                      D

Article 7: Regional Boundaries and District Borders

a) Without prejudice to the provisions in this Article [8] , the areas based on the designated districts during the Somaliland Protectorate shall be the regions.

b) Notwithstanding the district of Baligubadle which was created during the period of the struggle [9] and the district of Salahlay [10] , the boundaries of the six regions of the Republic of Somaliland shall be based on those
of the six principal districts during the British Protectorate before 26 June 1960, which were Hargeisa, Burao,
ErigavoLasanod, Borama and Berbera.  These areas shall now become the regions which the Republic of Somaliland consists of save for the Sahil [11] region which shall have boundaries based on the areas delineated for this region for the voting on the referendum on the Constitution.

c) The districts which were formed during the Government of Somalia [12] out of the territories covered by the six (principal] districts set out in Clause (d] of Article 5 of this Law shall retain their previous [13] district borders provided that in the case of the districts confirmed by the Third Conference of the Somaliland Communities [14] , their borders shall be based on those used for their relevant polling stations for the referendum on the Constitution.

d) The new districts graded D [15] shall remain, but their district councils shall not be elected at first  local government elections as their borders have not yet been delineated.

e) With the exception of the residents of Hagal District who shall vote in the District of Berbera
of the Sahil Region, all the residents of the new (Grade D) districts shall cast their votes in the first local elections for the local councils of the districts from which the new districts have been
gauged out of [16] .

f) The Government shall finalise the details of the borders and other conditions of the new districts and shall forward them to the Houses of Parliament for approval.  

g) The borders of any new district shall be confined to the area of the region and the borders of the district from which it has been gauged out of as set out in Clauses (a) to (c) of this Article. 

PART TWO

CHANGES IN THE BORDERS OF THE REGIONS AND DISTRICTS

Article 8: The Assessment and the Changes in the Grading of Districts

Districts may deserve changes in their grading, which may result in either an upgrading or a downgrading or loss of district status, after an assessment based on Article 112(1) of the Constitution [17] and Articles 3 and 4 of this Law.

Article 9: Delimitation of Regional Areas and District Borders

The Ministry of Internal Affairs shall be responsible for the delimitation of regional areas and district borders and shall consult the other Ministries and national public agencies which may be involved in an expert or technical capacity.

PART THREE

ABILITY TO BE SELF-SUFFICIENT

Article 10: Changes in the Structure of the Country

The Council of Government [18] shall make reasoned proposals for any changes in the number  and borders of the Regions and the Districts, which shall be approved by the House of Representatives and the House of Elders as set out in Part 2, Article 109(3) (of the Constitution [19] ].

Article 11: (No title)

The ability to reach self-sufficiency shall be considered at the regional level [20] , as set out in Article 112 of the Constitution.

Article 12: Regional Councils 

Each region shall have an Executive Committee and Development Council, which shall consist of the following:

a) The Executive:

1.    The Chairman [21] of the Region Chairman

2.    Deputy Chairman of the Region Member

3.    Executive Secretary of the Region Secretary

The Executive Committee of the Region shall be appointed by the central government in accordance with Article 111(5) of the Constitution [22] .

The Chairman of the Region and the Deputy shall be appointed [23] by a Presidential Decree and the Executive Secretary shall be appointed by a Ministerial Decree.

b) The Regional Council [24]:

1.    The Chairman of the Region Chairman

2.    Deputy Chairman of the Region Member

3.    Executive Secretary of the Region Secretary

4.    The Mayors of the Districts in the Region Members

5. The heads of government departments in the Region, who shall act in an advisory capacity in their areas of expertise, but shall have no vote Members 

Article 13: Functions of the Regional Councils [25]

  1. To reach decisions about the political, economic, administrative, security and development matters which concern the region.

2. To review the budgets of the Districts in the region.

3. To strengthen the peace and protect the security.

4. To review [26] the administrative and political resolutions of the Districts in the region.

5. To mediate [27] in any disputes between the Districts or between the communities of the Region.

6. To form sub-committees to which the Council can delegate specific duties.

Article 14:  The Responsibilities and Duties of the Regional Chairman

The Chairman of the Region acts as the link between the Central Government and the Districts of the region and comes under the Ministry of Internal Affairs. His responsibilities and duties are as follows:

  1. To promote and transmit to the Region and its Districts the policies of the central government which relate to the economy, society, security and administration.

2. To lead the departments representing the region and the central government agencies
and to oversee their work plans and performance.

3. To implement and enforce the laws of the nation.

4. To act as an intermediary between the districts and to appoint a Mediation Committee at the regional level.

5. To co-ordinate and prepare the regional reports.

6. To link the central government and administration of the region and the districts.

7. To propose the appointment and dismissal of those responsible for the government departments at the regional and district level.

8.  To report on the (performance of the) heads of the (Government) Ministries and national public agencies at regional and district level.

9. To chair the meetings of the Regional Council(s).

10. (To oversee) the security of the region (and to undertake) inspections of the region.

Article 15:  The Functions of the Deputy Chairman

Each region shall have a Deputy Chairman appointed by the Government.  The Deputy Chairman shall undertake the functions of the Chairman, in the latter’s absence, and shall fulfil any other duties assigned to him
by the Chairman.

Article 16: The Functions and Duties of the Executive Secretary

1. To look after the management and finances, and to oversee and inspect the work of the employees of the regional headquarters and that of the regional public agencies (be they independent or not [28] ).

2. To undertake and manage any work assigned to him by the Chairman.

3. To prepare the regional reports.

4. To undertake follow-up work relating to the regional reports.

Article 17:  The Functions and Duties of the Mayor

  1. To chair the meetings of the local district council.
  2. To execute and implement the work plans of the district.
  3. To implement the resolutions of the district council.
  4. 4. To co-ordinate the various activities in the locality.
  5. 5. To prepare and to forward the reports relating to the district.
  6. 6. To enforce and implement the national, regional and district legislation.
  7. 7. To propose the budget of the district.
  8. 8. To propose the bylaws and submit them to the council.
  9. 9. To sign the agreements to which the local government is a party.
  10. 10. To approve and sign payments of expenditure (cheques [29] ).

Article 18:  Functions of the Deputy Chairman [30]of the District

Every district shall have a Deputy Chairman who shall undertake the functions of the Mayor, in the latter’s absence, and shall fulfil any other duties assigned to him by the Mayor.

Article 19:  Functions and Duties of the Executive Secretary of the District

  1. To co-ordinate the work of the various departments and to pass on the governmental
    directives.
  2. 2.  To ensure that the resolutions of the Council and the orders of the Mayor of the
    District are implemented.
  3. 3. To keep abreast of and to check on the work of the departments, and to ensure delivery
    of service.
  4. 4. To gather and authenticate the reports of the departments of the district.
  5. 5. To check on and encourage (the fulfilment of) the work plans of the departments.
  6. 6. To encourage joint decision making amongst the heads of the departments.
  7. 7. To lead the departments of the local government of the District.
  8. 8. To report on the employees, their promotion and proposals relating to their dismissal.
  9. 9. To prepare and implement the budget.
  10. 10. To follow the laws and regulations relating to financial management.
  11. 11. To prepare the final (annual) accounts and the financial report.
  12. 12. To confirm and inspect the sites where taxes and revenues are collected.
  13. 13. To check, secure and safeguard the assets of the local government.
  14. 14. To confirm and sign vouchers and cheques for payment of expenditure and to enter signatures in the invoices for payment of ordinary expenditure relating to the activities of the administration.

Article 20:  Duties of the Local District Council

  1. 1. Care of the general welfare, specially the cleansing of towns and the prevention of infectious diseases.
  2. 2. Setting up markets for the sale of goods and livestock.
  3. 3. Inspection of new buildings, and those that are being renovated or require demolition.
  4. 4. Combating the problems posed by famine, storms, serious fires and any other matters which cause harm to the public.
  5. 5. Evacuation of the public in the event of a disaster.
  6. 6. Preparation and execution of programmes and projects aimed at advancing the public’s health, economy or social affairs.
  7. 7. Raising the level of work and production; the creation of (new) sources of economic activity, and the care of the public assets.
  8. 8. Construction and management of primary schools, including Koranic schools.
  9. 9. Construction and management of centres for the care of the mother and the child.
  10. 10. Construction and management of schools for the care of children and for promotion of the family.
  11. 11. Construction and Building and improving the lighting of the towns in the district.
  12. 12. Promotion of the arts, sport and culture.
  13. 13. Construction of water reservoirs in towns and villages.
  14. 14. Establishment and maintenance of roads within the towns of the district.
  15. 15. Improvement of the town and villages and dealing with planning permission in the settlements of the district.
  16. 16. Registration of the population of the district and maintenance of the registers for births, deaths, marriages etc.
  17. 17. Registration of the immovable property of the public residing in the district.
  18. 18. Improvement and care of roads inside the towns of the district.
  19. 19. Establishment and improvement of commercial and manufacturing centres for use by the public.
  20. 20. Management and oversight of rural development measures.
  21. 21. Management of selfhelp projects.
  22. 22. Improvement of burial activities.
  23. 23. Protection of the environment.
  24. 24. Encouragement of Islamic, national and international affairs [31]

Article 21: Structure of the Management of the District Council

  1. 1. District Executive Committee.
  2. 2. District Council.
  3. 3. Sub-committees and village councils which come under the District Council.

Article 22: Activities of the District Council

  1. To reach decisions which show its performance of the duties and responsibilities imposed upon it in respect of all the activities for which the District Council was set up.
  2. 2. To undertake within the region the activities imposed upon it under this Law.
  3. 3.  To take steps in raising and developing the economy of the district.
  4. 4. To follow the directions of the Ministry of Internal Affairs and the general national policies.
  5. 5. To work fully with the central government agencies at both regional and district level.
  6. 6. To implement the laws, regulations and resolutions issued by the national Councils [32] .

Article 23: District Council Regulations

The District Council shall, at its first meeting, make its own special regulations relating to its sessions, conduct and behaviour, the functions of the sub-committees and its various other responsibilities.

Article 24: Powers of the District Council

To fulfil the aims and activities set out in Article 17 of this Law, the District Council shall have the power to:

  1. Pay any necessary expenditure arising out of the activities relating to the administration of the district.
  2. 2. Issue resolutions, which are compatible with this Law and the other laws of the land, in relation to the maintenance of the peace and the advancement of the district.
  3. 3. Ensure the collection of taxes and duties and any other lawful matters, which this Law or other laws give the power to do so to the district administration.
  4. 4. Propose, in accordance with the law, the appropriation of privately owned vacant land for public interest reasons.
  5. 5. Undertake inspections and audits into the performance of the activities of the administration of the district.
  6. 6. Enter, as a party [33] , into agreements relating to the activities of the local government.

Article 25: District Councils

The total number of members of the district councils of the local government shall be based on their grading as follows [34] :

  1. 1.    The Capital City, Hargeisa 25 members 
  2. 2.    Grade A Districts 21 members
  3. 3.    Grade B Districts 17 members
  4. 4.    Grade C Districts 13 members
  5. 5.    Grade D Districts 9 members

Article 26: Conditions for Candidacy for Membership of District Councils [35]

  1. He must be a patrial citizen of Somaliland.
  2. 2. He must be actually resident in the district where he is standing for election.
  3. 3. He must be a muslim and must behave in accordance with Islamic religion.
  4. 4. He must not be aged less than 35 years during the year the election is taking place.
  5. 5. He must be suitable for this office on the basis of his standing within the community.
  6. 6. He must be educated to secondary school level if he is standing for elections in districts graded A or B [36] , or, at a minimum, to intermediate school level or equivalent if he is standing for election in districts graded C or D.
  7. 7. He must not have been subject of a final sentence for a criminal offence proven in a court within the preceding
    ten years [37] .
  8. 8. He must be a local district taxpayer or have participated in a voluntary capacity in activities which are of public interest in the district.

Article 27:  Election of District Councils

  1. Members of the District Councils shall be elected from among st nationals who fulfill the conditions set out in Article 26 of this Law.
  2. 2. District Councils shall be formed through competitive elections contested by multiple parties.

Article 28: Term of office of the District Councils

The term of office of the local district councils shall be five (5) years beginning from the date the outcome of the elections have been publicly announced [38] .

Article 29: The Sessions of the Local District Councils

The sessions of the local district councils shall be conducted in an orderly fashion and shall be as follows:

  1. The meetings of the district councils shall be held once every month.
  2. 2.  The sub-committees of the district councils shall meet once every week.
  3. 3. Extra-ordinary meetings may be called by the Mayor of the District Council who is the chairman of the Council, or by, at least, one third of the members of the Council.
  4. 4. Meetings of the Council shall be quorate when more than half of the members are present.  Resolutions can be carried on a simple majority vote (of those present).
  5. 5. Voting at the Councils may be conducted by show of hand or by secret ballot.
  6. 6. When the Council is not in session, and it is not possible to call a meeting, the Executive Committee of the District may make provisional decisions to deal with circumstances that require urgent action.  Such decisions
    shall be submitted to the first subsequent meeting of the Council for ratification.
  7. 7. The records and resolutions of the Council shall be kept by the Executive Secretary of the District. Article 30: The Minutes of Meetings and Registration of Decisions
  • All the meetings of the Councils shall be minuted and resolutions
    signed. 
  • 2. Resolutions shall be registered and kept in a secure place.
  • 3. The minutes of the meetings shall be recorded by the Secretary of the Council, who is the Executive Secretary of the District.  The Secretary has the right to express his opinions at the meetings of the Council, but has no right to vote.

Article 31: Expenses for District Council Meetings

  1. The service of the members of the district council is voluntary and no salary shall be paid for it.
  2. 2. Whilst the activities of the Council are in progress, members of the Council shall be eligible for an allowance which the District Council shall set out in rules, whilst taking note of the finances and resources of the District.
  3. 3. The allowance mentioned in Clause 2 of this article shall be paid from the budget of the District.
  4. 4. The Mayor of the District and his Deputy shall be paid a responsibility allowance which shall be set by the Council.

Article 32:  Sub-committees

  1. The local District Council shall have the following sub-committees:
  • a) Economic and Financial Sub-committee responsible for economic development, implementation of projects, co-ordination and encouragement of self-help schemes, production, care and development of livestock, and oversight of the financial management and budget of the District.
  • b) Peace and Conciliation Sub-committee responsible for the resolution of disputes arising within the District and for the maintenance of the public order.
  • c) Social Affairs Sub-committee responsible for health, water, cleansing, education, sport, arts and literature.
  • d) Land Sub-committee responsible for the use of land for all purposes.
  1. 2. The total Membership of each sub-committee shall not be less than three, nor shall it exceed five members.
  2. 3. The chairmen of the sub-committees shall be elected by the Council from amongst the members of the sub-committees.

Article 33: Village Council

  1. Village Councils shall be appointed by the local District Council and their membership shall not exceed seven in each village.
  2. 2. The members of the Village Councils shall be nominated by the elders and other prominent persons of the village and their appointment shall be approved by the District Council.  The criteria for their selection shall be set out in regulations [39]

Article 34: Privileges of the Members of the Local Councils

The privileges of the members of the local government district councils shall be the same as those accorded to the members of the Houses of Parliament as set out in Article 49 [40] of the Constitution.

Article 35: Prohibition Relating to Council Members

A member of the District Council shall not hold any other public office whilst serving in the capacity he was elected for.  He shall not also use his public office for his gain, or for his private interest.

Article 36: Loss of Membership of the Local Council

Membership may be lost in the same way as that relating to the Houses of Parliament in accordance with Article 50 [41] of the Constitution.

Article 37:  The Filling of Vacancies in the Local Councils

  1. If a vacancy in the District Council arises, it shall be filled in the same way that the departing incumbent has been chosen [42] for membership of the District Council.
  2. 2. Any vacancy in the District Council shall be filled by the party to which the departing incumbent belonged, and the top candidate on the relevant party list [43] shall fill the vacancy.

Article 38: The Dissolution of a District Council [44]

  1. When a  District Council fails, without reason, to meet during two consecutive ordinary sessions and this has not been brought about by circumstances beyond its control.
  2. 2. When one third of the members of the Council propose its dissolution and two thirds of its total membership approve the resolution.
  3. 3. The Regional Court shall issue a ruling about the circumstances mentioned in Clauses 1 and 2 of this Article and the ruling shall be forwarded to the Chairman of the Region, who shall, in turn, forward it to the Ministry of Internal Affairs.
  4. 4. On receiving the ruling of the Regional Court from the Ministry of Internal affairs and confirming it, the President shall declare the period  when the elections can be held [45] .
  5. 5. The President shall then formally declare the dissolution of District or Regional Council [46] .
  6. 6. The period for holding the election of the local council shall be set in accordance with the provisions of the Elections Law [47] .

Article 39: Dismissal of the Regional Chairman

The President of the Republic of Somaliland may dismiss the Chairman of the Regional Council when he sees, and it becomes clear, that the responsibilities for which the Chairman was appointed have not been carried out, and, at the same time, evidence of lack of competence can be seen [48]

Article 40: Dismissal of Chairman (Mayor) of District

The Chairman (Mayor) of the local council may be dismissed by the local council when it is proposed by one third of the members of the Council and is approved by more than half of the total membership of the Council
(absolute majority).  A special date shall be set for the proposal for dismissal of the Chairman and
the proposers shall be checked carefully.

Article 41: District Councils Oath of Office and Election of the Mayor and his Deputy

  1. The first meeting of the Council shall take place within a period of 30 days beginning from the date the results of the election are formally announced [49] .   The meeting shall be convened by the Chairman of the (relevant) Region.
  2. 2. If the Chairman of the Region  fails to convene the meeting, the Council shall meet, on its own accord, on the 45th day following the date of the formal announcement of the results of the election.
  3. 3. The first meeting of the Council shall be opened by the Chairman of the Region, and the Constitutional oath of office [50] shall be administered to each member by the Chairman of the Regional Court.
  4. 4. After the oath of office of the District Council is administered, the oldest member of the Council shall act as a temporary chairman so that a Chairman (Mayor) and a Deputy Chairman can be elected by show of hand or by secret ballot.  The election of the Chairman of the District shall be carried by an absolute majority [51] (more  than half of the members of the Council).

PART FOUR

Article 42: The Structure of the Local Government

  1. Local Government shall have a structure consisting of departments, and each department shall have sections and branches.  The structure shall be based on the grading (A, B, C & D) of each District and the level of its finances.
  2. 2. The formulation and approval of the structure of the administration of the local government of the Republic of Somaliland shall be the responsibility of the Ministry of Internal Affairs, which shall set them out in regulations.

Article 43: Appointment of Executive Secretaries of the Regions and the Districts


  1. The Executive Secretaries [52] of the Regions and the Districts and the staff at the headquarters of the regions are all employees of the Ministry of Internal Affairs of the central government. The responsibility for their recruitment, transfer, promotion and dismissal lies with the Ministry of Internal Affairs and shall be undertaken in accordance with the Civil Service Law.
  2. 2. The salaries of the Ministry’s employees relating to the Executive Secretary and the staff of the Region shall be included in the budget of the headquarters of the Regions, and those relating to the Executive Secretary of the
    District shall be included in the budget of the relevant District.

Article 44: Balancing the levels of Work and Staffing

  1. The task of balancing the levels of required work and the planning and allocation of staffing for the departments of the local government shall be the responsibility of the Ministry of Internal Affairs, which shall give due regard to the level of finances and the grading of each District.
  2. 2. The balancing of the levels of work and allocation of staffing shall be based on an examination consisting of written, skills and language tests, which shall be taken by all the local government.
  3. 3. The examination to be taken by local government staff shall be similar to that taken by central government staff, and shall be divided into the following grades:
  • §      Grade A- for holders of university degrees or higher diplomas, whose examination shall consist of an interview.
  • §      Grade B- for holders of Secondary School certificates or equivalent, whose examination shall be in writing.
  • §      Grade C – for holders of Intermediate School certificates or equivalent, whose examination shall be in writing.
  • §      GradeD – for junior staff who shall be assessed, without an examination, on the basis of their patriotism, experience, health, age etc.

Article 45: Distinction Between Local and Central Government Taxes

  1. The distinction between local government and central government taxes is set out on
    Law No:12 of 2 April 2000 [53] .

2. Local government is free to and has the right to collect directly, set tariffs or lower its special taxes which shall be set out in bylaws issued by the local councils, provided that the bylaws do not conflict with the laws and regulations of the nation.  The special taxes of the local government are as follows:

  • §        Commercial licences tax.
  • §        Livestock sales tax.
  • §        Signs tax.
  • §        Entertainment tax.
  • §        Agricultural tax.
  • §        Buildings value tax.
  • §        Land value tax.
  • §        Temporary structures tax.
  • §        Street markets tax.
  • §        Transfer tax.
  • §      Abattoir and butchers tax.
  • §     Water reservoirs tax.
  • §     Registration tax.
  • §     People registration tax.
  • §    Goods and Qat tax (10%).
  • §    Production tax.
  • §     Electricity use tax.

Article 46: The Approval of Local Government Bylaws

The bylaws of local government councils of whatever nature shall be forwarded to the Chairman of the Region, who shall, in turn, pass them to the Minister of Internal Affairs and the latter shall issue them as a Ministerial Decree. 

Article 47: The Budget

  1. The planned budget of the administration of the District is the cornerstone of its finances, and the District (Council) is free to set its budget. 
  2. 2. The local legislative [54] councils have the power to prepare and approve the budget for the forthcoming year,
    which shall be done in the budget format form set by the Ministry of Internal Affairs.

Article 48: Local Government Accounts

  1. The accounting procedures of the local government relating to revenues and expenditure shall conform to the national financial rules and laws.
  2. 2. The accounts of the local government be they monthly, quarterly or annually, shall be forwarded to the ministry of Internal Affairs whose responsibility is to check and ensure that the budgetary and accounting rules have been followed. A copy of the accounts shall also be forwarded to the Auditor-General [55] of the nation.

Article 49: Accounting Responsibilities

Save for the expenditure approved by law, any other expenditure incurred by or payments ordered by or made by an officeholder or a Council, which do not accord with the law, shall be re-paid and shall remain the  responsibility of the authorizing person/council in accordance with the rules relating to the safeguarding of the public assets. 

Article 50:  Inspections and Audits

The Ministry of Internal Affairs has the power to inspect the activities of the local councils and, in the same way, the Auditor-General shall be responsible for the audit of their management and finances.

PART FIVE

AGREEMENTS AND TENDERS

Article 51: Signature of Agreements

The agreements to which the Region or the District is a party shall be signed by the Chairman of the Region or the Mayor of the District in the presence of the respective Executive Secretary who is responsible for the care
and registration of the agreement in accordance with the laws of the nation.

Article 52: Tenders

Tenders relating to the financing of projects; the purchase of transport, office and household equipment; new buildings and any other tenders relating to goods shall be submitted through the Board for the Award of National, Regional and Districts Tenders.

PART SIX

Miscellaneous

Article 53: The Powers of the Central Government

The powers of the Central Government of the Region:

  1. Leading the general policy of the Region.
  2. 2. Securing the general peace of the Regions of the Republic of Somaliland.
  3. 3. Inspecting and being aware of the conditions existing n the Regions.
  4. 4. Delimiting the borders of the Regions and the Districts and securing them.
  5. 5. Census of the population, livestock, etc.
  6. 6. Preventing and relief, as far as practicable, of droughts, disasters etc.
  7. 7. Finalizing the planning and implementation of development projects, which are funded by the central government or by foreign agencies.
  8. 8. Connecting the districts of the Region.

Article 54: Regulations

The Ministry of Internal Affairs shall issue regulations detailing the implementation of this Law.

Article 55:  Implementation

This Law shall come into force on its signature [56] by the President of the Republic of Somaliland and its publication in the national official journal.

PRAISE BE TO ALLAH

Mohamad Hussain Osman

GENERAL SECRETARY OF THE HOUSE OF REPRESENTATIVES

Ahmed Mohamad Adan

CHAIRMAN OF THE HOUSE OF REPRESENTATIVES

© Ibrahim H Jama 2003

About admin

Mohamed Ghalib Musa is the founder of Somaliland Net and the chief editor. It's a human thing to work to together to achieve a common Goal and objectives, Let us work together and we will succeed.

Check Also

Somaliland Constitution 1960

The Republic of Somaliland was the separate country of British Somaliland, with clear internationally delineated ...

Leave a Reply

Your email address will not be published. Required fields are marked *