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14 Official Gazette, Issue 24 App (a) on 14 June 2012 In the name of the people Supreme Constitutional Court In the public hearing held on Thursday 14th June 2012 AD, corresponding to 14th Rajab 1433 AH With the president: Councilor Abdul Wahab Abdul Razaq.... Deputy Chairman With the members: the councilors: Abdul Moneim Hashish, Dr. Adil Amr Sharif, Rajab Abdul Hakim Salim, Boulos Fahmi Iskander, Mahmoud Muhammad Ghanaim, and Dr. Hassan Abdul Moneim Al Badrawi.... Deputies Attended by: Councilor Muhammad Emad Al Najar…. Chairman of the Commissioners Authority Attended by: Mr. Nasir Imam Muhammad………………………….. Court Secretary The following ruling was issued: In the issue registered in the schedule of the Supreme Constitutional Court under number 57 of the “constitutional” judicial year 34, Referred by the Presidential Elections Commission by virtue of its decree issued on 25/4/2012 Filed by: Mr. Ahmed Muhammad Shafiq Zaki Against: The Presidential Elections Commission Proceedings On 30th April 2012, the court server of the Supreme Constitutional Court was presented with an official copy of the decision of the Presidential Electoral Commission, issued on 25/4/2012, the third paragraph which referred to the text of Clause (4) of Article (3) of the Law on the Exercise of Political Rights promulgated by Law No. 73 of 1956, added to Law No. 17 of 2012, to the Supreme Constitutional Court for a ruling on its constitutionality. The State Lawsuits Authority presented a first memorandum of defense, in which it requested a ruling rejecting the petition. On 20/5/2012, the lawyer Dr Ali Fahmy Ali Sharif lodged a request asking to be allowed to intervene in the petition as a plaintiff, and that the constitutional petition not be accepted because of the illegality of the method followed by the Presidential Electoral Commission in requesting the rule of the Supreme Constitutional Court. He also requested that the petition papers be referred to the public prosecutor in relation to the brazen intervention committed by

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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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Election Judgments - IFES

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

Primary Documents

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