Official Gazette – Issue No. 7 (bis) February 18, 2013
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The law specifies other conditions for membership, the voting system, and the
delimitation of electoral districts in a way that ensures the fair representation of the
population and the governorates."
Whereas the abovementioned constitutional text established two main controls for
electoral district delimitation, which are the fair representation of population and
governorates;
Whereas the fair representation of population means that a Member of Parliament
(MP) at any electoral district shall represent the same number of voters represented by
other MPs at other districts, ensuring the equal representation of voters in
parliamentary councils. However, such principle does not mean that the number of
persons represented by MPs at each district shall be arithmetically equal on an
absolute basis, since such is practically impossible. Instead, to fulfill such principle,
differences between such numbers and the general average of the number of voters
represented by an MP at the state level shall be reasonable. Also, district delimitation
shall ensure that the number of population at each district is proportionate to the
geographical distribution thereof. Moreover, districts shall not be delimited using a
despotic method nor without taking public interest into consideration.
In addition, fair representation of governorates requires the representation of all state
governorates in the House of Representatives, regardless of the number of population
thereof.
The review of the tables attached to the presented draft law revealed that such tables
violate Article (113) of the Constitution. For example, Damietta governorate, of
which number of population is 1,254,971 people, according to statistics produced by
CAPMAS on July 1, 2012, was allocated 8 party-list seats and 4 individual seats, with
a total of 12 seats; while Aswan, which has a population of 1,430,279 people, was
allocated 4 party-list seats and 2 individual seats, with a total of 6 seats. Also, South
Sinai, which has a population of 160,647 people, was allocated 4 party-list seats and 2
individual seats, with a total of 6 seats; while Luxor, which has a population of
1,079,219 people, was allocated the same number of seats, i.e. 4 party-list seats and 2
individual seats, with a total of 6 seats, although the population thereof is way larger
than this of South Sinai.
IV: The sixth paragraph of Article (3), replaced by Article (1) of the draft law, says
that "A single list may be composed of candidates of several parties, may be formed
of independent candidates not representing any parties, or may comprise both of
them". To be in line with the Constitution provisions, this text shall include an
additional part saying that 'in case a single party-list comprises both party candidates
and independent candidates, the capacity of each candidate as an independent or party
candidate shall be displayed next to the candidate's name, so that voters get to know
the capacity thereof before deciding who will get their vote', which is provided for by
Article (55) of the constitution.
V: Article (5) of law 38/1972 determined the requirements that shall be fulfilled by
whoever is nominated for the membership of the House of Representatives. Article (1)
of the proposed draft law amends items No. 1, 3, 4, 5, and 6. Item (1) of such
requirements stipulates that a candidate shall be of Egyptian nationality. However,