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Separation of power in the intellectually under-developed world.


[Ercole Ercol] <  >

August 30, 2001

Posted to the  August 31, 2001

Traditional chiefs of Puntland

Members of Puntland Parliament

Re: Separation of power in the intellectually under-developed world

In the last two months, the Somali local media has spoken frequently about the former president of the Supreme Court of Puntland, Yusuf Haji Nur, who appointed himself as head of the judiciary, and, at the same time the head of the executive branch of Puntland. He claim that the constitution, amended by Parliament before the expiration of its term, establishes that executive power will be assumed by the President of the supreme Court case at the expiration of the Presidential term of the President of Puntland. Unfortunately, Yusuf Haji Nur should know that Parliament had decided otherwise and differently before the expiration of its term, and that parliament possesses sovereign power in legislative matter, even if there are certain laws that require popular referendum, but nevertheless they are provisionally in force before operations of the referendum.

Ironically, Yusuf Haji Nur previously maintained that his ruling was a result of dictates of conscience and, therefor, he could not facilitate a discussion involving constitutional, writ. However, when some of our traditional chieftains asked him if he could yield or surrender himself to their decisions, he answered yes. Now, when he is right: before or later?

How can Yusuf Haji Nur evade charges of corruption when he assumes the function of President of the Supreme Court of Puntland, and, when, he is also head of the executive branch of Puntland? How can he hold both positions, since as the President of the Supreme Court, he has to decide any controversy or dispute between the different branches of Puntland State, including the judicial, legislative and executive branches, and between Puntland State, and any other jurisdictions? The corruption’s amongst legislative and executive branches is an old story amongst our people. It is very well known that there was a judge who took 200.000,00 Somali Shillings in the elections of 1969, and attempted to buy a house  with 150.000,00 and 50.000.00 Somali Shillings for his own personal luxuries; others have also taken similar reward from then Somali Government for falsifications and illegal votes legalization for President and his National assembly, and this corrupted man Is trying to play a national role In the government so called Transitional National Government (TNG) , or Arte faction.

I believe that such judges and the then Government of Somalia is responsible for the people, who perished in the 1978 civil war, that ravages this country to this day. They are responsible for those people assassinated in the different abortive coups d’etat. Is it good, Mr. Yusuf Haji Nur, to be blind from all these facts?, and to follow the policy of the people of proper lineage after meetings and meetings of people of your lineage in Europe, in North America, in Africa and in the Arab world, supporting the candidacy of the organizer of Siyaad Barre Socialist Revolutionary Party, Jam Ali Jama, the former holder of the Public Relation office of the Military Junta? Is this the conscience of a jurist? Is it good to stand beside the criminals of yesterday who have only changed their banner, but not their actions? What volte-faces and about-faces we have in this society.


Ercole Ercol

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