DAYS OF TERM EXTENSIONS OF
THE PARLIAMENT, LOCAL COUNCILS, AND THE PRESIDENCY OF THE REPUBLIC OF
SOMALILAND
Written by Lawyer Muuse Yuusuf
Maxamed
Member of somaliland lawyer's association SOLLA
30 April 2026
A
term extension is a legal decision to maintain elected officials in office
beyond the expiration of their original mandate, in order to avoid a
constitutional vacuum until a new election can be held.
In Somaliland, a lawful extension of term is carried out in
accordance with Article 42(3) and Article 83(5) of the Constitution of the
Republic of Somaliland, which state as follows:
Article 42: Period of Office and Election Term
3. If the election of the House of Representatives cannot be
conducted because of dire circumstances, the outgoing House shall continue in
office until the end of these circumstances and a new House is elected. Dire
circumstances are: a wide war, internal instability, serious natural disasters,
such as earthquakes, epidemic diseases, (and) serious famines; and shall be
determined and resolved by the House of Elders on the proposal of the Council
of Government.
Article 83: Election Procedures
5. If on the expiry of the term of office of the President and the
Vice-President, it is not possible, because of security considerations, to hold
the election of the President and the Vice-President, the House of Elders shall
extend their term of office whilst taking into consideration the period in
which the problems can be overcome and the election can be held.
There
is also a provision known as Article 19, which has become the
mechanism for the excessive term extensions of the Somaliland House of Elders.
This
provision originates from the law governing the indirect election of the House
of Elders, which was not approved in its entirety. Instead, only Article 19
was extracted and specifically approved by the Somaliland House of
Representatives in March 2003
It provides that The election of the House of Elders shall
always take place one year after the elections of the House of Representatives
and the Presidency.
.
On the other hand, the Local Councils of Somaliland have been
granted term extensions on several occasions, despite the absence of a law that
clearly regulates such extensions. In 2007, when a term extension was first
required, the authority to grant it was informally, and without a clear legal
basis, delegated to the House of Elders (Guurti). Since that time, the same
approach has consistently been used to extend the terms of the Local
Councils.
We will go through, one by one, the days of the term extensions of
the parliamentary, local council, and presidential institutions:
FIRST TERM EXTENSION
19 APRIL 1994
Owing
to the civil war that was ongoing in the country, both Houses of Parliament
extended the term of the President and the National Charter by one and a half
years (18 months), from 16 May 1995 to 16 November 1996. Likewise, Parliament
extended its own term for the same period. Accordingly, this became the first
term extension carried out since Somaliland regained its independence. It was
the first ever term extension to take place in Somaliland, and the only one
that was made for a justified reason.
During
that period, the nation was governed under a National Charter that contained no
provisions regarding the extension of the term of office. Consequently, the
matter was referred to the bicameral Parliament of the time. Following a joint
session, they resolved to implement the necessary term extension themselves
SECOND TERM EXTENSION
During
the period when President Egal was engaged in the effort to transition the
country toward a multi-party system, his constitutional term of office came to
an end. Consequently, he submitted a request for a term extension to the House
of Elders, in accordance with Article 83 of the Constitution
12 JANUARY 2002
The House of Elders of the Republic of Somaliland granted a
one-year extension to the term of President Mohamed Haji Ibrahim Egal and his
Vice President.
This extension began on 23 February 2002 and ended on 23 February
2003.
It became the second presidential term extension in
Somaliland’s history, and the first to take place following the full
implementation of the new Constitution of the Republic of Somaliland.
THIRD TERM EXTENSION
On 05 March 2002, the President of the Republic of Somaliland, Mr.
Mohamed Haji Ibrahim Egal, submitted a letter to the Somaliland House of Elders
informing them that the term of the House of Representatives had come to an
end.
27 APRIL 2002.
The
House of Elders of Somaliland granted a one-year extension to the House of
Representatives, beginning on 25 May 2002 and ending on 25 May 2003, in
accordance with Article 42(3) of the Constitution. This marked the First time the
House of Representatives received a term extension since the Constitution came
into force, and it was also the Second overall term extension granted to the House of
Representatives of Somaliland.
FOURTH TERM
EXTENSIONS
President
Rayaale, who intended to hold one-person-one-vote elections, submitted a
request for a term extension to the House of Elders.
The Somaliland House of Elders thus carried out the fourth term
extension in the country.
18 JANUARY 2003
The House of Elders of Somaliland extended the term of the
President and Vice President by 81 days, starting from 23 February 2003 and
ending on 15 May 2003. This was the Third presidential term
extension in Somaliland.
FIFTH TERM
EXTENSIONS
03 MARCH 2003 The House of Elders of Somaliland granted the
House of Representatives a two-year term extension, running from 25 May 2003 to
25 May 2005. This marked the Third term extension granted to the
House of Representatives.
SIXTH TERM EXTENSIONS
28 MAY 2005 The House of Elders of Somaliland granted the
House of Representatives a 143-day term extension, running from 25 May 2005 to
15 October 2005. At the same time, the House of Elders itself received a term
extension of one year and 143 days, which was set to end on 31 October 2006.
This marked the Fourth term extension received by
the House of Representatives and the Second term extension
received by the House of Elders.
SEVENTH
TERM EXTENSIONS
22 APRIL 2006 President Rayaale submitted a written request
to the Constitutional Court of Somaliland seeking a legal advisory opinion on
whether the House of Elders (Guurti) could extend its own term of office.
On 24 APRIL, the Court ruled that the House of Elders has
the right to extend its own term of office, reasoning that the Constitution
permits term extensions for other national institutions such as the President
and the House of Representatives and therefore the House of Elders also
possesses an equivalent authority to extend its own tenure.
06 MAY 2006 The Somaliland House of Elders granted itself a
four-year term extension, running from 31 October 2006 to 31 October 2010.
This became the Third term extension received by the
House of Elders.
EIGHTH TERM
EXTENSION
12 DECEMBER 2007 The House of Elders of Somaliland
granted the local councils a six-month term extension, which started on 26
December 2007 and ended on 1 July 2008. It was the First term
extension granted to the local councils.
There was no law stating how the terms of the councils could be
extended or which authority had the power to extend them. However, the House of
Elders assumed that authority. This extension did not cause political conflict,
as the political parties and the government had already agreed to prioritize
the holding of the presidential election.
NINTH TERM
EXTENSION
10 APRIL 2008 The Somaliland House of Elders extended the
term of office of the President and Vice President by one year, from 15 May
2008 to 16 May 2009. This became the Fourth term extension
related to the Somaliland presidential electoral cycle.
TENTH TERM
EXTENSION
28 MARCH 2009 The House of Elders of Somaliland extended the term of President
Dahir Rayaale and his vice president by five months and thirteen days,
effective from 16 May to 29 October 2009. The Elders also proposed that the
presidential election be held on 29 September 2009.
This became the Fifth term extension related to the
Somaliland presidential electoral cycle.
ELEVENTH TERM
EXTENSION
25 SEPTEMBER 2009 Friday is a day of worship and a public holiday for the people of
Somaliland and Muslims, but the Somaliland House of Elders held an
unprecedented session. On the morning of Friday, 25 September, after 77 members
of the House of Elders gathered in the chamber, they extended President
Rayaale’s term without specifying an end date, which led to violent protests in
Hargeisa.
This became the Sixth term extension related to the
Somaliland presidential electoral cycle.
TWELFTH TERM
EXTENSION
07 SEPTEMBER 2010 The House of Elders of Somaliland extended the term of the House
of Representatives by two years and eight months, from 29/10/2010 to 29/6/2013.
They also granted a one-and-a-half-year extension to the local councils, from 7
October 2010 to 7/4/2012. Furthermore, the House of Elders themselves
automatically received a term extension of three years and eight months, ending
on 29 June 2014.
It became the first term extension granted to the directly elected
House of Representatives, and also the Fifth term extension
overall given to the House of Representatives.
It was also the Fourth term extension of the House
of Elders, and the second term extension of the Local Councils.
THIRTEENTH TERM
EXTENSION
8 April 2013 The President of the Republic of Somaliland, Ahmed
Mohamed Mohamoud “Silanyo”, submitted a letter to the House of Elders of
Somaliland informing them that both Houses of Parliament required a term
extension, as they had fallen behind the scheduled timetable.
The House of Elders then deliberated on the matter and granted the
requested term extension.
15 APRIL 2013 The House of Elders of Somaliland granted a term extension to the
House of Representatives of two years, one month, and 27 days, starting from 29
June 2013 and ending on 25 August 2015. The House of Elders also recommended
that the election of the House of Representatives be held in June 2015.
Likewise, the House of Elders extended its own term by three years, one month,
and 27 days, ending on 25 August 2016
It became the Sixth term extension granted to the
House of Representatives, and also the Fifth term extension of
the House of Elders.
FOURTEENTH TERM
EXTENSION
11 MAY 2015 The House of Elders of Somaliland extended the term of the
President, the Vice President, and the House of Representatives of Somaliland
by 1-year and 9-months, from 28 July 2015 to 27 April 2017. Similarly, the
House of Elders itself received a 2-year and 9-month extension, setting its new
term end date as 27 April 2018.
It became the first term extension granted to President Silanyo,
and also the Seventh term extension related to the presidential
electoral cycle. It was also the Seventh term extension granted
to the House of Representatives, and the Sixth term extension of
the House of Elders.
FIFTEENTH TERM
EXTENSION
06 MARCH 2017 The House of Elders of Somaliland granted a
seven-and-a-half-month extension to the President and his Vice President,
starting from 27 April and ending on 13 December 2017. Similarly, the House of
Elders extended the term of the House of Representatives and the local councils
by two years, from 27 April 2017 to 27 April 2019. Meanwhile, the House of
Elders of Somaliland itself received a three-year extension, ending on 27 April
2020 also the Eighth term extension related to the presidential
electoral cycle and It was also the Eighth term extension granted
to the House of Representatives, and the Seventh term extension
of the House of Elders.
SIXTEENTH TERM
EXTENSION
21 JANUARY 2019 The House of Elders of Somaliland extended the term of the House
of Representatives by nine months, from 27 April 2019 to 27 January 2020.
Similarly, the House of Elders itself received an extension of one
year and nine months, ending on 27 January 2021. The House of Elders also
proposed that the elections for the House of Representatives be held in
December 2019.
It became the Ninth term extension granted to the House of
Representatives, and also the Eighth term extension of the House
of Elders of Somaliland.
SEVENTEENTH
TERM EXTENSION
24 NOVEMBER 2019 The House of Elders extended the term of the House of
Representatives by two years, from 27 January 2020 to 27 January 2022.
Similarly, the House of Elders itself was granted a three-year extension,
ending on 27 January 2023.
It became
the Tenth term extension granted to the House of
Representatives, and also the Ninth term extension of the
House of Elders of Somaliland.
In mid JANUARY, the President of Somaliland, Muse Bihi Abdi,
submitted a letter to the House of Elders requesting a reduction of the
previously granted term extension of the House of Representatives.
01 February 2021, the House of Elders of Somaliland appointed a 31-member
committee to review a request from the President, the National Electoral
Commission, and political parties. The request concerned aligning the
previously extended term of the House of Representatives with the election
timetable set by the National Electoral Commission for the House of
Representatives and Local Councils. On the following day, 02 February,
the House of Elders held a session in which it decided to shorten the
previously granted term extension of the House of Representatives, setting it
to expire on 30 June 2021.
EIGHTEENTH
TERM EXTENSION
01
OCTOBER 2022 The House of Elders of Somaliland, for the First
time, granted a two-year term extension to President Muse Bihi Abdi and his
Vice President, running from 13 November 2022 to 13 November 2024. Similarly,
the House of Elders itself was granted a four-year term extension, running from
27 January 2023 to 27 January 2027. This became the Ninth term
extension related to the presidential electoral cycle, and also the Tenth
term extension of the House of Elders.
NINETEENTH TERM EXTENSION
31 January 2026 The National Electoral Commission of Somaliland
announced that the elections for the Local Councils and the House of
Representatives, scheduled for 31 May 2026, would not be held on time.
Due to
drought, conflicts, and challenges related to voter registration, the
Commission proposed a ten-month extension, running from 31 May 2026 to 31 March
2027.
18 APRIL 2026 The President of the Republic of Somaliland, Mr.
Abdirahman Mohamed Abdullahi “Irro,” submitted a letter with reference number
JSL/XM/GG/081/2-257/042026 to the House of Elders of Somaliland. The letter
contained a proposal for a term extension for the House of Representatives and
the local councils. This follows the recommendation of the National Electoral
Commission issued on January 31, which stated that elections could not be held
on their originally scheduled date of May 31, 2026, and that an additional 10
months would be required to complete the electoral process. 20 APRIL The House
of Elders of Somaliland appointed a committee of 25 members, consisting
of 21 members, the THREE members of the House leadership, and the
Secretary-General of the House of Elders. The committee was tasked with
providing recommendations on the extension of the terms of the House of
Representatives and the Local Councils of Somaliland. On 22 and 23 April, the
committee met with the national political parties and the Somaliland National
Electoral Commission.
28 APRIL 2026 The House of Elders of Somaliland granted the House of
Representatives and the local councils a two-year and three-month term
extension, running from 7 July 2026 to 7 October 2028.
Similarly, the House of Elders itself received a three-year and
three-month term extension, ending on 7 October 2029. “This became the Eleventh
term extension for the House of Representatives and the House of Elders, and
the Third term extension for the local councils.”
These are two situations that are less than formal term extensions
07 APRIL 2012
The
previous extension granted to Somaliland’s local councils had expired, and no
further extension was provided. As a result, they continued to remain in office
for 235 days until the local council elections were held on 28 November 2012,
without having any legal mandate.
2 APRIL 2019
The
previous term extension of Somaliland’s local councils had expired, and no
further extension was granted. They continued to serve in office for two years,
one month, and a half until the newly elected local councils, chosen on 31 May
2021, took over their duties. This was the second time such a situation had
occurred.
