If we were to go by the word of the constitution, Banadir as a single state ought to have no senators in Somalia's upper house. It is not a federal member state and it cannot become a federal member state because of the 2 state requirement. The statute clearly says that members of the upper house have to come from federal member state, a requirement Banadir will never fulfil. It also stipulates that the number of senators "shall be no more than 54". The problem here is that all 54 seats have been allocated, and the bill passed by the lower house giving Banadir 13 seats would raise the number of senators to an unconstitutional 67.
Another problem is that this new law seeks to give Banadir unconstitutional representation while leaving its status undetermined. There has been no constitutional review of the status of Banadir as a capital (or not), and the two houses of parliament have failed to pass any special law.
Banadir is unlikely to receive any senate seats without a constitutional amendment giving it many exemptions. Given how difficult it would be to amend the constitution at this point in time, the only path forward seems to be a blatatnt disregard of the constitution altogether. Already the constitution was violated in favor of the Hawiye when Galmudug was allowed to become a federal state without fulfilling the two or more state requirement, if another blatant violation of the constitution in favor of Hawiye takes place the constitution is null and void.
Another problem is that this new law seeks to give Banadir unconstitutional representation while leaving its status undetermined. There has been no constitutional review of the status of Banadir as a capital (or not), and the two houses of parliament have failed to pass any special law.
Banadir is unlikely to receive any senate seats without a constitutional amendment giving it many exemptions. Given how difficult it would be to amend the constitution at this point in time, the only path forward seems to be a blatatnt disregard of the constitution altogether. Already the constitution was violated in favor of the Hawiye when Galmudug was allowed to become a federal state without fulfilling the two or more state requirement, if another blatant violation of the constitution in favor of Hawiye takes place the constitution is null and void.