House of the People of the Federal Parliament

- Constitution of Somalia

Title Two: The House Of The People Of The Federal Parliament

Article 63. The Legislative Powers of the House of the People

The House of the People of the Federal Parliament represents all the people of Somalia, and the legislative duties tasked solely to the House of the People of the Federal Parliament are as follows:

(a) To participate in amending the Constitution in accordance with Chapter 15;

(b) To pass, amend or reject legislation tabled before it in accordance with this Chapter and Chapter 15 of the Constitution;

(d) To delegate to the Upper House of the Federal Parliament legislative duties, with the exception of its duty to participate in the procedures for amending the Constitution.

Article 64. The Number of the Members of the House of the People

(1) The members of the House of the People of the Federal Parliament shall be elected by the citizens of the Federal Republic of Somalia in a direct, secret and free ballot.

(2) The number of ordinary members of the House of the People of the Federal Parliament shall be two hundred and twenty-five (225) members.

(3) The members of the House of the People of the Federal Parliament must represent all communities of the Federal Republic of Somalia in a balanced manner.

(4) Any person who becomes the President of the Federal Republic of Somalia shall become a life member of the House of the People after leaving the office of President of the Federal Republic of Somalia, unless he or she has been removed from this office before the end of the presidential term in accordance with Article 92 of the Constitution, and he or she shall be an additional member of the House of the People of the Federal Parliament.

Article 65. The Speaker and Deputy Speakers of the House of the People of the Federal Parliament

(1) At its first session, presided over by the eldest member, the House of the People of the Federal Parliament shall elect a Speaker and two (2) Deputy Speakers from amongst its members.

(2) If on any occasion neither the Speaker nor the Deputy Speakers are present, the House shall elect one of its members to preside temporarily.

(3) Before assuming office, the Speaker shall relinquish any official position in a political party, and shall be strictly neutral in the performance of his or her functions.

(4) The Speaker and his or her deputies shall be elected through a secret ballot by a majority vote of the members of the House of the People of the Federal Parliament, and may be removed by a two-thirds majority vote of the members of the House of the People of the Federal Parliament.

Article 66. House Sessions of the House of the People of the Federal Parliament

(1) A newly elected House of the People of the Federal Parliament must hold its first sitting within 30 days of the declaration of the result of the general election, on a date fixed by the National Independent Electoral Commission.

(2) The House of the People of the Federal Parliament must hold two regular sessions each year, and each session should last for a minimum of four (4) months.

(3) The rules of procedure of the House of the People of the Federal Parliament shall determine the timings, dates and the resting period of the regular sessions of the House of the People of the Federal Parliament.

(4) The House of the People of the Federal Parliament shall be convened for a special session whenever:

(a) Called by the President of the Federal Republic acting on the request of the Council of Ministers;

(b) Called by its Speaker;

Article 67. Dissolution of the House of the People of the Federal Parliament

The House of the People of the Federal Parliament cannot be dissolved before the end of its four- year term unless the House has been unable to approve the Council of Ministers and the program of the government under Article 100, Paragraph (c).

Article 68. Rules of Procedure of the House of the People of the Federal Parliament

(1) The House of the People of the Federal Parliament shall adopt its own rules of procedure, which shall provide for full participation of its members.

(2) The House of the People of the Federal Parliament shall divide itself into committees that will carry out the duties of the House of the People of the Federal Parliament.

(3) When draft legislation is brought before the House of the People of the Federal Parliament, it shall task it to the relevant House committee so that it may be studied, and a report of its findings and recommendations presented to the plenary of the House.

(4) Draft legislation rejected by the House of the People of the Federal Parliament cannot be returned before the House of the People of the Federal Parliament for 30 days from the day of the rejection of the legislation.

(5) The House of the People of the Federal Parliament and its committees shall sit in public, in accordance with the general principle of transparency in government. The rules of procedure shall define when it is necessary for the House of the People to have a closed door session.

Article 69. The Powers of the House of the People of the Federal Parliament

(1) The House of the People of the Federal Parliament has legislative duties, including the duty:

(a) To pass, amend or reject any law tabled before it;

(b) To prepare laws, except laws related to the annual budget, which shall be formulated by the Council Of Ministers.

(2) The House of the People of the Federal Parliament has the following additional powers:

(a) To approve the Independent Commissions brought before it by the Prime Minister;

(b) To hold accountable and monitor the national institutions, and to ensure the implementation of national laws;

(c) To summon the Prime Minister, members of the Council of Ministers and the Chairmen of the Independent Commissions and Offices. The House of the People of the Federal Parliament has the authority to review the duties of any official who does not respond when summoned by the House of the People of the Federal Parliament;

(d) To give a vote of confidence in the Prime Minister and the Council of Ministers, and in government projects, to be conducted by a simple majority vote of the total members

(50%+1) by means of a show of hands to the Prime Minister and members of the Council of Ministers;

(e) To carry out a vote of no confidence in the Prime Minister and his deputy or deputies by a simple majority vote of the total members (50% +1) to be conducted by means of a show of hands;

(f) To elect and dismiss the President of the Federal Republic as provided for by the Constitution;

(g) To carry out other duties as provided for by the Constitution to ensure the proper implementation and review of the Constitution.

Article 70. The Immunity of the Members of the House of the People of the Federal Parliament

(1) No member of the House of the People shall be penalised for giving their views to the House of the People of the Federal Parliament and its committees.

(2) Without the approval of the House of the People of the Federal Parliament, no member of the House of the People of the Federal Parliament may be prosecuted for a criminal offense, be detained, or be physically searched, and nor may the member’s house or other dwellings be searched unless the member has been caught in the act of committing a crime that calls for compulsory detention orders. Furthermore, without the approval of the House of the People of the Federal Parliament, no member may be detained or imprisoned, even in the fulfillment of a final court order.

(3) A member can be held liable for non-criminal offenses without the approval of the House of the People of the Federal Parliament.

(4) A special law shall define the immunity of the members of the House of the People of the Federal Parliament.

(5) The allowances and other benefits of the members of the House of the People of the Federal Parliament shall be paid from the central treasury of the Federal Government.