ISSUE 204

(Harowo) December 10th, 2005 : I read with interest and admiration Ali Guled’s (Ali Marshall) brilliant commentary in today’s (Somaliland.org, Kulu Fidna Cindal Guurti), as usual he is right on the money. His capacity to pull a real unique ability to elucidate and reduce complicated political arguments to their bare essentials is becoming legendary among Somaliland internet pundits.

Ali’s timely and cogent analysis of the preference that many people have to turn to the Guurti (The council of elders) to solve every major political crisis that happens in Somaliland is a refreshing departure from the staid and sterile hogwash disguised as political commentary by people who have nothing to say. It is the only silver-lining one can find in the dark clouds that are hovering above Somaliland politics for the last two weeks.

There is plenty to disagree with Ali’s take on many of the controversial issues of the day, but the core of his arguments in this piece is by far the most gutsy and persuasive polemic for strictly following the mandates of Somaliland law and the rule of law in general. It should really be nominated as the crown jewel of all commentary ever written about Somaliland by Somalilanders.

Reading this piece one can see the sun shining around the edges of the dark clouds passing over Somaliland skies. It is a refreshing reminder that every opposition member is not a whacko frothing at the mouth hurling invective at President Rayale or his administration, some are motivated by a genuine concern for the welfare of Somaliland .

Ali’s thesis carries the seeds of hope that other pundits, politicians or political commentators might look beyond the narrow confines of loyalty to a particular leader or political party. The immediate reaction of most people in and outside of Somaliland to the unanimous verdict of the Guurti (council of elders) was one of self congratulation and beating of their chests of how wonderful this solution is.

Few people bothered to read between the lines and see the dangers lurking behind this stunt by the unelected council of elders. Ali systematically demolishes the flimsy and fraudulent logic behind this travesty of justice in Somaliland .

For all its ameliorating effects on the current saber rattling by the political parties in Somaliland, this verdict represents a fundamental perversion of the ethos, mores and the accumulated wisdom of generations of people in Somaliland. The architects of this flawed verdict have nothing to hang their hats on; it has no basis in Somaliland law, traditional custom or the principles of representative democracy.

It is a fraudulent concoction manufactured by the chief alchemist (Suleiman Gaal) who also happens to be the leader of the Guuti. He stated categorically for the record in front of the gathered dignitaries that their sweeping decision is not “based on anything”, that it drives its moral legitimacy only on “the collective wisdom of the small group of mediating elders” he selected to arbitrate the dispute between Udub and the opposition alliance.

This shows that everybody is on occasion capable of committing human errors no matter how exalted their position is among the society. Furthermore it proves conclusively the folly of Somaliland political culture’s proclivity to hand political hot potatoes to the Guurti (elder’s council) to adjudicate. By now it must be apparent that the much vaunted Guurti has outlived its usefulness to Somaliland politics.

Somaliland claims to have a supreme court; it must be allowed to develop to its fullest potential. Even if it makes mistakes like the Guurti, Somaliland will be better of in the long term. I would rather have a constitutional court make flawed verdicts than a bunch of elders however well intentioned they are.

A court of law even if it is corrupt has to render an opinion when it delivers a verdict. This is a written opinion stating the legal merits on which their verdict is based on by the winning majority of the court members. Many people have a low opinion of Somaliland’s Supreme Court, but I really doubt if they will totally disregard fundamental fairness as did Suleiman Gaal and his fellow elders.