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Who Legally has the Authority to Change the Capital of Hirshabelle? Hassan Sheikh Points the Finger at the Administration’s Leadership

The debate regarding relocating the capital of Hirshabelle from Jowhar to Buulobarde in the Hiiraan region has resurfaced, following remarks attributed to Hassan Sheikh Mohamud, who reportedly told the people of Hiiraan: “People of Hiiraan, the capital has been granted to you, but the order ultimately rests with the leadership of Hirshabelle.”

These remarks touch upon a vital legal and political question: if the capital of Hirshabelle is to be changed, who holds the authority to make that decision? Can the President of Somalia order the relocation of the capital, or does the decision rest with the constitutional institutions of Hirshabelle?

To understand this matter, it is essential to distinguish between the powers of the Federal President, the President of Hirshabelle, and the regional administration’s parliament.

**How Did Jowhar Become the Capital of Hirshabelle?**

Hirshabelle was established in 2016 through the unification of the Hiiraan and Middle Shabelle regions. During the negotiations surrounding the formation of the administration, debates arose concerning which city would serve as the capital and how leadership power would be distributed.

A political agreement brokered between politicians of the Hawadle and Abgaal clans, facilitated by the Federal Government, determined that Jowhar would become the capital, while the Hawadle clan—predominant in Hiiraan—would secure the presidency of the administration.

Consequently, the selection of Jowhar was not merely a geographical choice; it formed an integral component of the political pact underpinning Hirshabelle’s foundation.

**Who Legally Has the Authority to Change the Capital?**

When examining the federal member state system, it is crucial to review the Hirshabelle Constitution, administrative bylaws, and the powers vested in regional institutions.

**The Hirshabelle Parliament:** The parliament serves as the legislative branch of the administration. If relocating the capital requires a constitutional amendment or new legislation, parliament is the designated body through which the matter must be processed, adhering to the procedures and majorities stipulated by the regional constitution. Official records indicate the Hirshabelle Parliament comprises 99 members.

**The Hirshabelle President and Parliament:** The regional president holds executive power and leads the government of Hirshabelle. He may propose a political roadmap for capital relocation and work to submit the matter to relevant institutions.

However, a proposal or executive decision issued unilaterally by the president does not equate to a formal legislative amendment altering the capital.

**The Council of Ministers and Other Institutions:** The Council of Ministers and pertinent ministries can participate in studying, drafting plans, budgeting, service provision, and executing decisions. Nevertheless, their executive authority does not empower them to independently modify constitutional articles or laws.

**Can Hassan Sheikh Mohamud Order the Relocation of the Capital?**

The President of Somalia possesses a political and constitutional role regarding intergovernmental relations between the federal government and federal member states. He can foster consensus, mediate disputes, and urge both parties to resolve matters through dialogue.

However, a statement from the Federal President alone does not constitute a legal mandate capable of changing the capital of Hirshabelle.

The 2012 Provisional Federal Constitution recognized that federal member states possess their own institutions and distinct powers, operating within a collaborative framework across government tiers. The federal government and member states must operate strictly within the constitutional boundaries defining their respective authorities.

Reference is also made to the new Federal Constitution reportedly adopted by both Houses of Parliament in March 2026, as announced by the Federal Ministry of Interior. Consequently, this matter must be anchored in the new constitution and the prevailing Hirshabelle Constitution, rather than being confined solely to provisions of the former provisional framework.

**The core takeaway:** The Federal President can play a role in political dialogue, but any relocation of the capital must traverse the established legal procedures of Hirshabelle.

**Can Buulobarde Become the New Capital?**

Buulobarde district in the Hiiraan region has long featured among proposals designated to host the capital of Hirshabelle.

Buulobarde was among the contested urban centers during the administration’s formation in 2016, prior to the final political agreement selecting Jowhar.

If a transfer of the capital to Buulobarde is pursued today, several prerequisites must be addressed:
* Debate and deliberation within the Hirshabelle Parliament on the proposed plan.
* Establishment of the requisite legal procedure governing the capital’s relocation.
* Acquisition of cross-regional political support encompassing both provinces.
* Assessment of security conditions and Buulobarde’s infrastructural capacity to host administrative institutions.
* Preparation of a dedicated budget and logistical roadmap for relocating state facilities.

Furthermore, it remains vital to incorporate both the populations of Middle Shabelle and Hiiraan into consultative dialogues.

**What Happens to the 2016 Agreement If the Capital Moves?**

This represents another critical consideration.

The 2016 political pact establishing Hirshabelle inextricably linked two core elements: the physical location of the capital and the distribution of the presidency.

If the capital is removed from Jowhar and relocated to Buulobarde, complex political questions emerge regarding whether the 2016 agreement remains operative or necessitates a new inter-clan pact between the two regions.

However, shifting the capital does not automatically entail altering the presidency or power-sharing allocations for other offices. Both issues must be addressed through distinct legal and political tracks.

**What Can Be Inferred from Hassan Sheikh’s Remarks?**

The statements attributed to Hassan Sheikh appear to indicate that the decision regarding the capital is viewed as a prerogative to be exercised by Hirshabelle’s leadership, rather than an administrative decree to be imposed directly by the federal government.

Nevertheless, the remarks in themselves neither alter the law nor validate that any relocation plan for Buulobarde has been formally ratified.

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