Executive Overreach vs. Local Autonomy: How the Somaliland Government Bypassed Local Government Law No. 23/2019
- A Gallaydh Editorial
- Jul 25
- 4 min read
In the coastal city of Berbera, a constitutional crisis is unfolding that threatens the very foundations of decentralization and local democracy in Somaliland. Eight elected members of the local municipal council recently submitted formal, written charges against Mayor Abdishakur Iddin, triggering a legal motion for his dismissal. These councilors, possessing a clear and absolute majority, followed every procedural step mandated by the law.
However, the central government swiftly intervened. The Ministry of Local Governments and Regional Development, formerly a department within the Ministry of Interior, stepped in to block the extraordinary session required by law, citing a "lack of legitimacy" within the charges brought against the mayor.
It must be stated clearly that assessing this crisis does not require taking a position on the political fate of Mayor Iddin, nor does it necessitate validating the specific charges brought against him. This analysis neither supports nor opposes his removal from office. Instead, the focus remains strictly on the procedural legality and the profound constitutional implications of the government's intervention. The standoff in Berbera is not merely a localized political dispute; it is a severe stress test for Somalilandās Regions and Districts Self-Management Law (Law No. 23/2019). An in-depth analysis of the legal text makes it undeniably clear that the central government has vastly overstepped its jurisdictional boundaries. This executive interference sets a dangerous precedent that could reduce independent local councils to mere subordinate branches of the central executive power in Hargeisa.
The Anatomy and Legality of a Valid Motion
To fully comprehend the gravity of the Ministry's interference, one must trace the legal procedures designed to safeguard the autonomy of local municipalities. According to Law No. 23/2019, Berbera is classified as a Grade "A" district, mandating a local council comprising exactly 13 members.
Article 70 of the law explicitly outlines the procedural mechanism for removing a mayor. Clause 2 dictates that a motion for dismissal requires the formal backing of at least one-third (1/3) of the council members. In a 13-member council, this equates to a minimum of five councilors. The motion against Mayor Iddin in Berbera was driven by eight members, far exceeding the legal threshold required to initiate the process.
Once this formal written request is submitted, the law leaves absolutely no room for speculation, delay, or alternative interpretations. The sitting mayor is legally bound to convene an extraordinary council session within three days. In Berbera, that 72-hour statutory window expired without any action or response from Mayor Iddin.
When a mayor fails to execute this duty, the law provides an immediate contingency. Article 70, Clause 3 transfers the responsibility of convening the session to the Regional Governor, who is granted a strict five-day window to execute the mandate. However, instead of fulfilling their administrative duties, regional authorities and the central government colluded to entirely paralyze and obstruct the legal process.
Ministerial Overreach: Administrators, Not Arbitrators
The central governmentās justification for blocking the extraordinary session rests entirely on the subjective assertion that they "doubt the legitimacy" of the charges brought against the mayor. A thorough reading of the law reveals that the Ministry of Local Governments and Regional Development has absolutely no legal authority to evaluate, adjudicate, or dismiss these charges.
According to Article 70, Clause 5, the successful dismissal of a mayor requires an absolute majority (50% plus one). In Berbera, this translates to seven votes. Because eight councilors stood unified behind the motion, the mayor's dismissal was both mathematically and legally guaranteed. Evaluating the merit of the charges leveled against a mayor is a constitutional right reserved exclusively for the voting local councilors. It is explicitly not a function of central government officials.
The Ministryās mandate, as defined by Article 105, is strictly limited to administrative oversight, safeguarding security, and guiding general national policy. They are facilitators of the law, not gatekeepers empowered to veto its execution.
Most critically, Article 105, Clause 2 contains a robust, undeniable provision designed to prevent executive tyranny. It explicitly prohibits the central government from issuing any decree or order that nullifies, obstructs, or contravenes the execution of the Regions and Districts Self-Management Law. By deliberately blocking a legally mandated council session, the Ministry has brazenly violated the very law it is tasked with upholding.
A Dangerous Precedent for Somaliland's Democracy
The political deadlock in Berbera serves as a dire warning for the future of Somalilandās governance. The core principle of decentralization was established to ensure that local leaders remain directly accountable to the communities they represent through their elected councilors.
If the Ministry of Local Governments and Regional Development succeeds in normalizing the obstruction of legitimate local motions, the autonomy of municipal councils will become a mere illusion. Mayors across the country will quickly realize that they no longer need to earn the trust of their local councils or their constituents. Instead, their political survival will depend entirely on securing the favor and protection of the central government in Hargeisa.
This scenario effectively strips elected local councilors of their primary weapon for accountability. If a unified absolute majority of eight votes cannot execute a legal motion within a Grade "A" district, the democratic authority of the local council is rendered completely impotent.
The Proper Role of the Central Government
Somalilandās legal framework carefully balances local autonomy with national cohesion. The Ministry of Local Governments and Regional Development is essential for coordinating national development, ensuring security, and building the capacity of local administrations. However, acting as an arbitrary judge to evaluate charges against mayors falls entirely outside its jurisdiction.
The resolution to the Berbera crisis must not be sought through executive decrees or subjective interpretations by central ministries. The solution lies strictly in the faithful execution of Law No. 23/2019. The central government must immediately withdraw its interference, permit the regional governor to fulfill his legal obligation, and allow the elected councilors of Berbera to cast their votes. Any action short of this is a direct assault on the rule of law and a profound regression in Somalilandās journey toward robust democratic accountability.
