Transitional Exercise of Powers
1. Until the appointment of the Provisional President of the Republic, which shall take place not later than 1 July 1960, the powers and functions vested by the Constitution in the President of the Republic shall beexercised by the President of the Legislative Assembly acting as
Provisional President of the Republic, with the exception of the power
specified in paragraph 1 of Article 53. He shall promulgate this Constitution.
2. Immediately after signing the Act of Union of the two Somali
Territories (Somalia and SomaliIand), the new National Assembly shall
elect, in the manner specified in paragraph 2 of Article 70, a Provisional
President of the Republic, who shall remain in office until the election of
the first President or of the other Provisional President provided for in
paragraph 1 of provision No. IV.
The Provisional President shall exercise all the powers vested by
the Constitution in the President of the Republic, with the exception of the
power specified in Article 53, and shall, by decree, fix the date of the
referendum provided for in the following provisions.
Entry into Force of the Constitution and Referendum
1. This Constitution shall provisionally come into force on 1 July
1960 and shall, within one year of such date, be submitted to a popular
referendum in which all the voters shall be called upon to participate.
2. All voters shall have the right to express their approval or
disapproval of the Constitution in a free, direct and secret manner and in
accordance with a special law to be issued on the referendum.
3. The regularity of the referendum operations shall be confirmed by
the Supreme Court, which shall decide on this matter not less than ten nor
more than thirty days after the closure of the voting. The Supreme Court
shall also decide on any complaint or appeal which may be presented, and
such decision shall be final.
On giving the confirmation order, the Court shall also proclaim the
results of the referendum,
4. In case of non-confirmation, a new referendum shall be held within
three months of the date of the Court's decision.
Results of the Referendum
1. If the results of the referendum are contrary to the adoption of this
Constitution, the National Assembly shall, within fifteen days of the
proclamation of the results by the Supreme Court, elect a new Provisional
President of the Republic and declare the previous one to be no longer in
office; the Constituent Assembly shall thereupon provide for the adoption
of a new Constitution, which shall be submitted; to a referendum within
six months following the appointment of the new provisional President.
2. If the results of the referendum are favourable, this Constitution
shall be considered final and, within fifteen days, the National Assembly
shall elect the President of the Republic in accordance with this
1. Until the proclamation of the result of the referendum, the text of
the Constitution shall be posted at town halls and at the offices of the
District Commissioners of the Republic so that every citizen may become
acquainted with it.
2. The Constitution shall be faithfully observed as the fundamental
law of the Republic by all the organs of the State and by all persons under
its sovereignty. The Constitution, embossed with the Stateâ€™s seal, shall be included
in the Official Compilation of laws and Decrees of the Somali Republic.