Somalia 2012 Constitution

CHAPTER 8. THE EXECUTIVE BRANCH

Article 97. The Council of Ministers

1. The executive power of the Federal Government shall be vested in the Council of Ministers, in accordance with the Constitution.
2. The Council of Ministers is the highest executive authority of the Federal Government and consists of the Prime Minister, the deputy prime minister(s), ministers, state ministers and deputy-ministers.
3. The Prime Minister shall appoint deputy prime ministers, ministers, state ministers, and deputy ministers. Those eligible for membership of the Council of Ministers may be, but shall not be limited to, members of the House of the People of the Federal Parliament.
4. Vacancy in the office of the Prime Minister caused by the resignation, dismissal, failure to fulfil responsibility, or death of the Prime Minister shall lead to the dissolution of the Council of Ministers.

Article 98. Criteria for Membership of the Council of Ministers

1. The person holding the office of the Prime Minister or Deputy Prime Minister must:
   1. Not be below the age of forty (40) years;
   2. Have a university-level education.
2. The person being appointed as Minister, State Minister or Deputy-Minister must:
   1. Not be below the age of thirty (30) years;
   2. Have university-level education.
3. During their term of office, members of the Council of Ministers are prohibited from:
   1. Holding any responsibility other than that of membership of the House of the People of the Federal Parliament;
   2. Having a private profession, or carrying out private commercial, economic, or industrial activities;
   3. Purchasing or hiring government assets;
   4. Selling or renting their assets to the government.

Article 99. Responsibilities of the Council of Ministers

The Council of Ministers has the powers to:

1. Formulate the overall government policy and implement it;
2. Approve and implement administrative regulations, in accordance with the law;
3. Prepare draft laws, and table them before the House of the People of the Federal Parliament;
4. Prepare the annual budget and finalise the accounts;
5. Set the national development plan;
6. Implement laws, ensure national security, and protect state interests;
7. Appoint and dismiss senior public officials;
8. Propose the appointment or dismissal of ambassadors, consuls and diplomats;
9. Exercise any other power conferred upon it by the Constitution or by other laws.

Article 100. Responsibilities and Powers of the Prime Minister

The responsibilities of the Prime Minister are to:

1. Be the Head of the Federal Government;
2. Appoint and dismiss members of the Council of Ministers;
3. Present the Council of Ministers and government program before the House of the People of the Federal Parliament to seek their endorsement;
4. Carry out any other function conferred upon him or her by the Constitution or by any other law that complies with the Constitution and its underlying values.

Article 101. Deputy Prime Minister

The Deputy Prime Minister acts for the Prime Minister when the Prime Minister is out of the country, and carries out other responsibilities as may be delegated by the Prime Minister.

Article 102. Functions of the Minister, Deputy-Minister and State Minister

1. Every Minister is personally responsible for the functions of his or her Ministry.
2. Every Deputy-Minister shall carry out functions delegated to him or her by his or her Minister.
3. State ministers shall carry out specific functions assigned to them by the Prime Minister.

Article 103. Caretaker Government

Between the date of a general election and the swearing in of the new Prime Minister, the existing Prime Minister and Council of Ministers shall continue to serve in a caretaker capacity to carry out routine duties.

Article 104. Oath

After obtaining a vote of confidence, the Prime Minister and the Council of Ministers shall, before assuming their duties, take the Oath in a special session of the House of the People of the Federal Parliament, administered by the Chairman of the High Court, and which shall read as follows:

“I swear in the name of Allah that I will perform my duties honestly and in the best interest of the Nation, People and Religion, and that I will abide by the Constitution and the other Laws of the Country”