Somalia Cabinet Approves New Judicial Service Commission Amid Questions Over Judicial Independence

MOGADISHU – The Federal Cabinet has approved the establishment of the Judicial Service Commission (Adeegga Garsoorka) and confirmed four new appointments to the Supreme Judicial Council, marking a significant step in the government’s efforts to reform Somalia’s judiciary, though questions remain about the transparency and independence of the process.

The decision was taken during the cabinet’s weekly meeting in Mogadishu, chaired by Deputy Prime Minister Salah Ahmed Jama, following a proposal from the Ministry of Justice and Constitutional Affairs. The cabinet confirmed four individuals to serve as senior legal officials on the Supreme Judicial Council for a five-year term: Maxamed-deeq Macallin Aadan, Maryan Sheekh Cismaan, Cabdirisaaq Maxamed Ismaaciil, and Cabdiqaadir Cali Macallin.

A Broader Judicial Restructuring

The appointments are part of a broader restructuring of Somalia’s judicial leadership. Under the new framework, the Supreme Judicial Council will also include ex-officio members whose positions automatically grant them a seat on the council. These include the Chief Justice of the Supreme Court, the President of the Constitutional Court, the Attorney General, the presidents of the High Courts of the Federal Member States and the Banadir Regional Administration, and the Chairperson of the Independent Human Rights Commission.

The cabinet also removed the chairperson of the Higher Education Council and appointed Mahmoud Ahmed Jimcale to the position, though the reasons for the change were not disclosed.

A Judicial System in Need of Reform

The approval of the Judicial Service Commission comes at a time when Somalia’s judiciary faces profound challenges. The Auditor General has accused the judiciary of blocking a $2 million audit, highlighting deep accountability issues within the justice sector. A federal lawmaker has warned that Somalia’s justice system is at a breaking point, citing corruption, clan-driven favoritism, and the misuse of authority by officials. Three judicial institutions have faced scrutiny for refusing to cooperate with the Auditor General in reviewing their 2024 budget expenditures, raising serious concerns about transparency and accountability.

Prime Minister Hamza Abdi Barre has officially inaugurated the First National Justice Forum, emphasising that judicial reform is a national priority and the only path to a stable and prosperous Somalia. He reaffirmed the government’s commitment to establishing the Judicial Service Commission and the Constitutional Court, both regarded as key supports for judicial independence.

However, the path to reform has been fraught with setbacks. President Hassan Sheikh Mohamud previously disbanded the Judicial Service Commission in October 2022, issuing a decree that also ordered the disbandment of the Anti-Corruption Commission. The move raised questions about the government’s commitment to judicial independence, as the president called on the cabinet to form the two commissions afresh.

Other Cabinet Decisions

In addition to the judicial appointments, the cabinet approved the Culture and Arts Bill, an agreement with Oman on air transport cooperation, and the African Youth Charter, which emphasises the role of young people in political decision-making and the responsibilities of governments in youth development.

Way Forward

The approval of the Judicial Service Commission and the confirmation of new judicial appointments represent an important step in Somalia’s long journey toward a functional and independent judiciary. However, the success of these reforms will depend on whether the commission can operate free from political interference, whether appointments are made on merit rather than political loyalty, and whether the government is willing to invest in the resources and training needed to rebuild a justice system that has been shattered by decades of conflict.

As one lawmaker noted, “without trustworthy justice, there can be no enduring security, public trust, investment, or the modern statehood Somalia deserves”. For now, the answer remains uncertain.