13 December 2016
Constitutional expert says Assembly could be dissolved

By B Izzak

KUWAIT: A number of opposition MPs stunned by the massive defeat in the speakership election charged that around 11 lawmakers who had joined the opposition MPs’ meeting betrayed their pledge. Islamist opposition MP Waleed Al-Tabtabaei said these MPs will be exposed to the people after betraying their promises. A number of opposition MPs posted declarations on their Twitter accounts testifying that they voted for one of the two opposition candidates, who together collected only 17 votes against an incredible 48 votes by Speaker Marzouq Al-Ghanem. Ghanem yesterday said he has decided to withdraw all cases he had filed against online activists who criticized or insulted him on social media.

The outcome of the speaker’s vote could have a serious damaging impact on the unity of the 27 MPs who had pledged not to vote for Ghanem. The opposition was dealt another blow yesterday when they lost the election of two key committees – the financial and economic affairs and interior and defense – which they were won by pro-government MPs. The top posts of the financial and interior panels were taken by MPs Khalaf Dumaitheer and Askar Al-Enezi respectively.

Meanwhile, the National Assembly agreed on the opening day which ended late at night to refer a dispute over the election of the deputy speaker to the legal committee and then to the constitutional court for a ruling. The row was triggered when in the first round of voting, MP Jamaan Al-Harbash received 32 votes against 31 for MP Essa Al-Kandari, with one ballot blank.

The speaker then said the voting had to be repeated because no one obtained an absolute majority of 33 votes. It was won by Kandari, who got 32 votes against 31, since a simple majority was enough in the second round of voting. However, Harbash later told the house that the constitutional court ruled in 1996 that a blank ballot should be counted as absent, which means that Harbash should have been declared the winner in the first round of voting, as his 32 votes would have been an absolute majority.

However, the speaker and several MPs said that after that ruling, the law was changed in which the blank ballot was considered part of those present. Constitutional experts are divided on the issue, with some supporting Harbash’s view and other experts backing the opposing view.

Opposition MP Abdulkarim Al-Kandari said yesterday that he will demand forming a temporary panel to review legislations passed by the previous Assembly that are rejected by a majority of opposition lawmakers. Kandari said that he will submit a proposal to amend a number of freedom-curbing laws passed by the previous Assembly, including an amendment to reduce the preventive detention period to just 48 hours instead of four days. The previous Assembly increased the detention period to four days at the request of the interior ministry, after the 2012 Assembly had reduced the period.

Kandari also said he will propose that the DNA test law be completely abolished and that the new juvenile law to reduce a minor’s age to 16 should not be implemented early next year. The lawmaker recalled that the previous Assembly “was in the hands of the government, and now this Assembly is in the hands of the people”, and warned that opposition MPs will deal with the government in the same way it deals with the Assembly.

Opposition MP Mubarak Al-Hajraf yesterday praised a decision by the new Interior Minister Sheikh Khaled Al-Jarrah Al-Sabah that the names and images of defendants will not be published until the court convicts them. He said the decision is contrary to wrong practices introduced by previous minister Sheikh Mohammad Al-Khaled Al-Sabah, who was moved to the defense ministry, apparently to avoid criticism by the opposition.

Separately, well-known constitutional expert Mohammad Al-Moqate expected yesterday that the new Assembly will likely be dissolved by the constitutional court for breaches of the law. He did not explain the reason in detail, but said there are four major issues that could lead to the dissolution of the Assembly.

Moqate said he has reviewed the 52 petitions against the results of the elections filed at the constitutional court, adding that he believes the lifespan of the Assembly will be short. One of the petitions was filed by former justice minister Yaqoub Al-Sane, who failed in the election, claiming that the decree to set the election date was not in line with the constitution.

Former Islamist MP Bader Al-Dahoum, who was barred from contesting the polls because he was convicted by a court, challenged that the reason for barring him was not in line with the constitution. Others also challenged that the formation of the election committee by the interior minister was unconstitutional. Many others challenged the election results, claiming there were many counting errors. The constitutional court is likely to rule on the petitions in January.

© Kuwait Times 2016