Official Gazette, Issue 24 App. (a) on 14 June 2012
15
the aforementioned Commission into the affairs of this court, assuming the power to
rule on the unconstitutionality of Law No. 17 of 2012, and ensuring that it is not
implemented with regards to the presidential nominees. The State Lawsuits Authority
presented a second memorandum requesting a ruling rejecting this intervention
request. Mr. Ahmed Muhammad Shafiq Zaki submitted a memorandum requesting a
ruling on the unconstitutionality of the aforementioned Law No. 17 of 2012.
Once the petition had been drawn up, the Commissioners Authority submitted a report
presenting its opinion.
During the hearing set to review the petition, Mr. Ahmed Muhammad Shafiq Zaki
was represented by a lawyer, who submitted a memorandum presenting his request.
The applicant for a contesting intervention was also represented. Those attending
with him presented two memoranda upholding his request. The lawyer Mr. Wail
Bahjat Mamoun Zakri was also represented, and requested permission to intervene
alongside the Presidential Electoral Commission in requesting a ruling on the
unconstitutionality of the aforementioned Law No. 17 of 2012. The members of the
State Lawsuit Authority were also represented, and submitted a memorandum calling
for a ruling on the unacceptability of the intervention and the rejection of the petition
on grounds of substance.
The petition was reviewed as described in the minutes of the hearing. The Court
decided to issue its ruling in today’s hearing.
The Court
After reviewing and deliberating the documents,
Whereby the facts - as set out in the ruling for referral, the documents attached thereto
and the rest of the documents – reveal that Mr. Ahmed Muhammad Shafiq Zaki had
as a nominee for the position of President of the Republic submitted a request to the
Presidential Elections Committee participate in the elections set to be held on 23 and
24 May 2012, and that the Committee decided on 13/4/2012 to accept his nomination
papers. In light of the fact that the provisions of Law No. 17 of 2012 came into effect
on 24/4/2012, modifying certain provisions of Law No. 73 of 1956 regulating the
exercise of political rights and adding a new clause numbered (4) to Article (3) of this
law to cover the suspension of the exercise of political rights of “anyone who served
within the ten years prior to 11/2/2011 as the President of the Republic, or Vice
President of the Republic, or Prime Minister or…” for a period of ten years starting
from the aforementioned date. In implementation of this law, on 24/4/2012 the
Presidential Elections Committee issued a ruling to annul the nomination of the
aforementioned person for the post of President of the Republic, since he had held the
post of Prime Minister during the final days of rule of the former president. He
appealed this ruling on 25/4/2012, requesting that it be abolished in principle and that
his name remain on the list of nominees, and requesting provisionally that the
implementation of the appealed decision be suspended and the papers referred to the
Supreme Constitutional Court for a ruling on the constitutionality of the
aforementioned Law No. 17 of 2012 to permit him to lodge a petition against its
unconstitutionality.