Somaliland:SONSAF Newly Formed Committee on Electoral Disputes is Unlawful declares NEC
By Goth Mohamed Goth
Somaliland National Electoral Commission has termed the recently formed SONSAF 7-man committee meant to solve electoral disputes as illegal and unlawful.
Somaliland National Electoral Commission in a press statement released on the 14/09/2016 clearly states the Somaliland Non State Actors Forum (SONSAF) has no mandate whatsoever to form such a committee and that National Electoral Commission has the primary responsibility for ensuring the proper conduct of the election and also solving electoral disputes which may arise as stipulated in Article 14, section 7 of the constitution of the Republic Somaliland
Any electoral disputes which may arise will be solved through procedures and structures laid to solve such outstanding issues at hand beginning at the poll station whereby any grievances shall be submitted to the local presiding officials then to the district, regional level and to the national electoral commission and to the constitutional court of the Republic of Somaliland. These is clearly enshrined in electoral law e.g. Presidential Electoral and Local Government Laws Article 14, (7) Article 53 (4) Article 57, Article 59 Article 62(1,2,3,4) and Article 64 of the of the 2005 Election Law.
Therefore, we would like to state the fact that Somaliland Non State Actors Forum (SONSAF) has no legal mandate be constitutional or otherwise to form such a committee hence in breach National Electoral Commission rules and regulations with such issues as defined in the constitution. The risks posed by such unauthorised declaration on the upcoming elections, national security, stability, the rule of law and public confidence on holding the next elections.
We inform the government, law-making body, judiciary and the various stake holders that the Somaliland Non State Actors Forum (SONSAF) newly formed committee has no legal mandate whatsoever to deal with such matters in way.
The National Electoral Commission strongly advises the Somaliland Non State Actors Forum (SONSAF) not to interfere with the tasks and legal mandate vested upon National Electoral Commission by the Republic of Somaliland.