Egypt’s Islamist Mps Prepare For Battle Against Judiciary

The Islamist-dominated Shura Council, Egypt’s uppe house of parliament, is expected to soon discuss amendments to the law regulating the performance of the judicial authority (Law 46 of 1972).

The move comes after deputies of the Muslim Brotherhood’s Freedom and Justice Party (FJP) and its allied Wasat Party launched scathing attacks against judges, accusing a large number of them of corruption and of leading a counterrevolution against Islamist President Mohamed Morsi.

The accusations also came after a court ordered on 15 April that deposed president Hosni Mubarak be released after two years in prison custody pending trial on two charges of conspiring to kill protesters during the 18-day January 25 Revolution, and of securing illegal profits from his position of authority.

Ahmed Fahmi, chairman of the Shura Council and a leading FJP official, indicated that the legislative amendments submitted by the Wasat Party were referred to the council’s Legislative and Constitutional Affairs Committee for discussion. “If approved in principle by the committee, they would be referred back to the council to discuss in a plenary session,” said Fahmi.

He added: “If again approved in principle by the council, it would be referred to the committee to discuss [the amendments] article by article.”

In a press conference held 17 April, deputies of the Wasat Party opened fire on the judiciary, claiming that the majority are corrupt and belong to the Mubarak era and that they are leading a counterrevolution. “Please note the recent court verdicts that released a lot of the corrupt officials of the former regime from prison,” said Atef Awad, a member of the party.

Mohamed Youssef, another Wasat MP, said: “We are in pressing need of a judicial clean-up campaign to rid the judicial authority of corrupt elements.” To achieve this objective, Youssef said, the Wasat’s law amendments aim to cut short the age of retirement for judges from 70 at present to 60. “This will help a lot of the old regime judges go to retirement and be replaced by a new generation of judges.”

Youssef also indicated that the Wasat’s amendments aim to grant the president of the republic, rather than the Higher Council for Justice (HCJ), absolute right of appointing the prosecutor-general. The current law (Law 64 of 1972) gives the HCJ the right to name three prosecutor-generals while the president is authorised to select one from them.

The Wasat Party is the third largest party in Shura Council, next to FJP and the Salafist El-Nour Party, largely thanks to the fact that nine of its deputies were appointed by President Morsi. The party is a strong ally of the Muslim Brotherhood and was a strong advocate of the recently issued Islamist-oriented constitution.

The Muslim Brotherhood’s FJP also said that its deputies aim to submit amendments to the judicial authority law. This comes after the group launched street protests against judges in Downtown Cairo 19 April.

Faisal El-Sayed, a member of FJP’s Legislative Committee, said “The amendments submitted by the FJP also aim to cut short the retirement age of judges from 70 to 60.”

He added: “New criterion will be adopted by the new law to ensure that judges are selected on grounds of efficiency, impartiality and experience, rather than favouritism.” “As we know,” El-Sayed, said, “the judicial system of Egypt now suffers a kind of inheritance through which old-age judges make sure that their sons and relatives inherit their positions.”

The Muslim Brotherhood’s former Supreme Guide Mahdi Akef told a Kuwaiti newspaper two weeks ago that “the group aims to rid the judicial system of 3500 judges as a kind of wide campaign aimed at cleaning the judicial system.”

It is not clear, however, when the Shura Council’s Legislative and Constitutional Affairs Committee will embark on discussing any tabled amendments to the judicial authority law. On Sunday, the committee began discussing a 19-article law aimed at regulating protests and demonstrations.

Omar Sharif, deputy justice minister, told committee members Sunday that “in accordance with Article 101 of the constitution, deputies of the Shura Council do not have the right to propose legislation.” “This right, according to Article 101, is reserved exclusively to the president, the government and members of the House of Representatives (which has yet to be elected),” said El-Sharif.

Minister of Justice Ahmed Mekki said last week that “amendments to the judicial authority law cannot be discussed without close consultation with judges and the Higher Council for Justice.” On Sunday, Mekki announced his resignation in protest at what he called “the recent attacks against the judicial authority.”

The Shura Council is scheduled to hold a plenary session Tuesday. As decided earlier, the council is expected to resume discussing amendments to the new income tax law.

Ahram