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Official Gazette, Issue 24 App. (a) on 14 June 2012 3 In the Name of the People The Supreme Constitutional Court In the opening session convened Thursday, the 14th of June 2012 AD, the TwentyFourth of Rajab 1433 H Presided by the Honorable Counselor Farouk Ahmed Sultan…………..Chairman Composed of the Honorable Counselors Maher Al-Beheiry, Dr. Hanafi Ali Gabali, Mohamed Abdel Aziz al-Shenawi, Maher Sami Youssef, Mohamed Khater Khairy Taha, Dr. Adel Omar Sherif……………………………………..... Deputy Chairman Attended by Dr. Abdel Aziz Salman… Chairman of the Commissioner's Authority And Mr. Nasser Imam Mohamed………………………………….. Court Secretary The Court has issued the following ruling: In the Constitutional Case registered under No. 20/Judicial year 34 of the Supreme Constitutional Court Filed by: Anwar Subh Darwish Mustafa Against: 123456- The Chairman of the Supreme Council of the Armed Forces The Prime Minister The Minister of Justice The Chairman of the Higher Judiciary Election Committee (HJEC) The Minister of Interior The Governor of Qalyubia Proceedings On 21st February 2012, After the court server has received the Supreme Constitutional Court Appeal File No. 6414/58, the Appeals Division of the Supreme Administrative Court, in the hearing convened on 20/2/2012, has ruled that the case shall be referred to the Supreme Constitutional Court in order to decide on the constitutionality of Article 3, Paragraph 1 of the People's Assembly Law No. 38/1972, replaced by Decree-law (Law-promulgating Act) No. 120/2011, and Article 6, Paragraph 1 of the said law, replaced by Decree-law No. 108/2011, and Article 9 bis of the aforementioned law, supplemented by Decree-law No. 108/2011, the State Lawsuit Authority submitted a brief in which its primary request was to call for a ruling that the Court lacks jurisdiction to hear the case, and its alternative request was that the Court would reject the case, and as a secondary alternative request, that the case be dismissed. Following the preparation of the case, the Commissioner's Authority filed a report providing its opinion.

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Mustafa v. Chairman of the Supreme Council of the Armed Forces

Judgment

Question Presented: Whether closed party lists and a first past the post system discriminates against independent candidates?

Alleged Acts: The plaintiff filed suit seeking the court to declare the Higher Election Committee’s decision for the People’s Assembly invalid or freeze the result for a single seat in the third election district. The plaintiff further requested that neither of the candidates that ran for the seat be permitted to run during the reelection. The candidates in the third election district were members of political parties and the plaintiff was an independent who was eliminated before the run-off between the candidates from the political parties. The plaintiff asserts that current system discriminates against independent candidate.

Procedural history: The lower court dismissed the request to freeze the election. The plaintiff appealed to the Supreme Administrative Court that voted to freeze the appeal and refer it to the current court to address the constitutionality of the texts.

Summary: The court analyzed that candidates belonging to political parties had two opportunities to gain a seat in the legislature: (1) closed party lists; and (2) first past the post systems. Alternatively, independent candidates were only able to seek seats in the first past the post system against political party members for the remaining one-third. Thus, the independent candidates had an overall smaller chance to gain access to the remaining one-third with less resources. The court determined that even though dissolution was required, it did not necessarily jeopardize the actions taken by the body. Therefore, without additional constitutional amendment, the actions and laws enacted by the assembly would stand.

Conclusion: The court ordered the parliament be dissolved because it was formed under a provision now deemed to be unconstitutional.

Legal Issue(s)

Candidate Registration
Electoral Integrity
Voting Systems (Winner-take-all, proportional, etc.)

Applicable Law(s): Decree-law No. 108-2011; People's Assembly Law no. 38/1972

Region: Middle East and North Africa

Country: Egypt

Language of Decision

English

Court: Constitutional Court

Election Type: Parliamentary

Date of decision: Jun 14, 2012

Geolocation

Latitude: 30.38327401

Longitude: 31.34626495

: Geolocation

Primary Documents

SCC Ruling-Lists and others- 14 June 2012 (English).pdf
english
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