Somalia: Deni's Party Expansion Plan Raises Concerns Amid Controversies

GAROWE, (GO) - Puntland's outgoing President, Said Abdullahi Deni, faces accusations of overstepping the constitution as he pushes for an amendment to Article 46, which outlines the process of authorizing official political associations. Deni's proposal to increase the number of parties from three to five has been met with skepticism, with critics arguing that the move is a thinly veiled attempt to maintain power beyond his term, which ends in January 2024.

Article 46 of the Puntland constitution states that "in the first District Council election, of all the political associations participating, the three who receive the majority of the votes shall be authorized as official political parties." However, President Deni has expressed concerns that the three parties could emerge from the same region as his constituency, potentially leading to backlash against his administration.

Observers warn that if Deni's actions result in a successful amendment, it could set a dangerous precedent of delaying elections and altering the constitution to suit the desires of those in power. Deni's current push to amend Article 46, which contradicts the rigid form of the constitution and its formal procedures laid down in Article 139, further undermines trust in the electoral process and the integrity of Puntland's democracy.

On the other hand, the Transitional Puntland Electoral Commission (TPEC) recently developed a guideline providing that the candidate positioned highest on the list is the winner of the votes gained by the party in a certain polling station. This is in contravention of Article 17 of the Puntland District Council law, which provides that each political association has pre-decided who will receive the seats allocated to that association in the elections, so that the candidates positioned highest on this list tend to always get a seat in the city council while the candidates positioned very low on the closed list will not.

The problem with TPEC's guideline is that it nullifies a legislative act with an administrative guideline, which is illegal because TPEC can only act according to the law and cannot develop laws, but they can propose laws for the approval of the parliament. TPEC can only develop guidelines and regulations where there is an enabling law passed by the parliament, as they did with the electoral dispute resolution because the law gives them the power to resolve disputes arising from the administration of the election. In the issue of the closed list, the law specified the system and left no room for TPEC to develop a guideline. TPEC can propose the amendment of Article 17 of the District Council law, but this should be through the approval of the parliament, not by TPEC.

Deni's administration was widely criticized for its management of the first one-person, one-vote election in three Districts - Eyl, Ufeyn, and Qardho in 2021. This election was plagued by voter fraud, malpractice, and irregularities, prompting the majority of parties to boycott the results.